Undeniably, a cancer diagnosis – such as the diagnosis of cancer – could significantly affect an employee. Besides the obvious physical, mental, and emotional affect that the diagnosis could directly have on the employee, the diagnosis could lead to changes in the way the employee is treated.
A cancer diagnosis could likely lead to changes in the way a person is treated. In general, people might change the way that they speak or act around the party with the diagnosis. Coworkers and employers alike might feel sorry for the diagnosed employee, often making “poor you” comments. Many employees diagnosed with cancer might be uncomfortable with the sudden pity they are receiving, and they might just want to be treated the same as they were being treated prior to their diagnosis.
In other cases, rather than being pitied, employees diagnosed with breast cancer are mistreated. Diagnosed employees might be marginalized, ignored, or simply seen as less than any other employees. Employees with a diagnosis might constantly be the target of jokes, for instance. In many cases, employers target these employees and subject them to poor working conditions. For example, they might cut their hours, change their schedules, and give them unfavorable tasks simply due to their diagnoses. Employers could also demote and terminate their employees, for example, for no other reason besides their breast cancer diagnosis.
Were you subjected to breast cancer discrimination in your San Bernardino workplace? Do you believe that your employer discriminated and acted against you simply due to your diagnosis? If so, you might have grounds to pursue a claim against your employer. If you were discriminated against due to a breast cancer diagnosis, you could sue your employer and even receive compensation. If you would like to learn more about your right to pursue a breast cancer discrimination claim against your employer, do not hesitate to contact California Labor Law Employment Attorneys Group as soon as possible.
The experts at California Labor Law Employment Attorneys Group have many years of experience handling a variety of claims including all sorts of cancer discrimination claims. Our knowledgeable attorneys are ready to provide you with the guidance that you need to better understand your right to pursue a claim against your employer in San Bernardino, do not hesitate to contact our law firm at your earliest convenience. Our breast cancer discrimination experts are ready to handle your claim and fight for your right to win.
What are the Laws Relevant to Breast Cancer Diagnoses?
Is it illegal for your employer to discriminate against you due to your breast cancer diagnosis? Without a doubt, you have rights as an employee – the right to work without being discriminated. There are a number of laws, both on the federal and state level, that establish your rights as an employee.
Some of these laws include the following:
- The Fair Employment and Housing Act (FEHA)
- The California Family Rights Act (CFRA)
- The Americans with Disability Act (ADA)
- The Family and Medical Leave Act (FMLA)
These laws establish your right to be treated fairly in the workplace, regardless of any medical condition with which you might be suffering. These laws also establish your right as an employee to take time off from work to address any medical issues. When your employer treats you differently based on your diagnosis of breast cancer, he or she is breaking multiple employment laws. You can be certain that our employment experts at California Labor Law Employment Attorneys Group can hold your employer accountable for the mistreatment that you suffered. If you would like to learn more about your right to take action after being subject to breast cancer discrimination in your workplace in San Bernardino or surrounding areas, do not hesitate to contact our firm as soon as possible.
Do You Have the Right to File a Claim against Your Employer for Breast Cancer Discrimination?
You were subject to discrimination based on your breast cancer diagnosis; can you do anything about it? Many people simply accept mistreatment in the workplace because they are afraid to lose their jobs. However, you have rights as an employee – and you must exercise your rights when your employer unjustly subjects you to discrimination based on a medical condition like breast cancer.
What are your options? What could you do? All employment discrimination claims must be filed with a state or federal employment agency. However, victimized employees also have the option to pursue claims through civil court.
Consider the options that are available to you after being subjected to breast cancer discrimination in your San Bernardino workplace:
- Pursuing a claim through the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal employment agency responsible for enforcing all federal employment laws, including the FMLA and the ADA. Claims with the EEOC must be filed within 180 days (300 days if there is a state employment agency) of the discrimination. After the claim is filed, the EEOC will begin an investigation and decide whether to take action against the employer.
- Pursuing a claim through the Department of Fair Employment and Housing (DFEH). The DFEH is California’s state employment agency responsible for enforcing all state employment laws. Some examples of the state employment laws enforced by the DFEH include FEHA and CFRA. Claims with the DFEH are subject to a 1-year deadline. After filing your claim, the DFEH will investigate and come to a conclusion that might include taking action against the employer.
- Pursuing a civil claim independently with the assistance of an employment lawyer. Without a doubt, you have the right to pursue a civil lawsuit against your employer after being subjected to discrimination based on your breast cancer. Before you could pursue a civil lawsuit with the help of an attorney, however, you will need to be granted the right to sue from the EEOC or the DFEH. Depending on where you initially filed your claim, you will have to adhere to a different timeline. For example, after being granted the right to sue from the EEOC, you will have 90 days to file your claim; after being granted the right to sue from the DFEH, you will have 1 year to file your claim.
How do you choose what action to take after being subject to breast cancer discrimination? In general, the EEOC and the DFEH offer different protections. However, breast cancer discrimination is protected by both agencies. Therefore, your choice of whether to file your claim with the EEOC or the DFEH might depend on other factors – such as the timeline that they place on claims, for example. Whichever your choice, you must be aware that once you file a claim with one agency, a claim is automatically filed with the other agency. You must also be aware that these agencies are here to represent your rights and hold your employer accountable for the discrimination to which you were subjected. For more information about the EEOC, the DFEH, and your right to pursue a civil lawsuit, do not hesitate to seek legal assistance with the experts at California Labor Law Employment Attorneys Group as soon as possible.
Could You Receive Compensation?
You could take action against your employer, but could you also recover compensation? Depending on the details of your claim, you might be entitled to receive at least some sort of compensation. Without a doubt, you could recover compensation for the discrimination that you suffered in the workplace. What kind of compensation could you receive?
All employment discrimination claims are different; however, employment discrimination claims usually result in some of the following types of compensation:
- Lost wages – for any income lost due to the breast cancer discrimination suffered, usually associated with hour cuts, lost bonuses, demotions, and terminations.
- Lost benefits – for any benefits (health insurance, life insurance, stock options, etc.) that were lost as a result of the breast cancer discrimination suffered in the workplace.
- Pain and suffering – for the mental and emotional distress caused by the discrimination that you suffered in your workplace.
- Punitive damages – compensation awarded to as punishment to the defendant.
If you would like to learn more about the specific type and amount of compensation that you might be eligible to receive if you suffered breast cancer discrimination in your San Bernardino workplace, do not hesitate to seek legal assistance with the experts at California Labor Law Employment Attorneys Group at your earliest convenience. Our lawyers have many years of experience handling employment discrimination claims and ensuring that victimized employees recover the compensation that they are owed. If you would like to learn more about the compensation that you could receive if your claim is successful, do not hesitate to contact our firm as soon as possible.
Contact California Labor Law Employment Attorneys Group Today
Did you ever expect that your employer in San Bernardino would ever discriminate against you due to your breast cancer diagnosis? You were likely surprised when you were diagnosed with breast cancer; were you also surprised when your employer began treating you differently because of your diagnosis? Unfortunately, discrimination based on a cancer diagnosis, such as breast cancer, is very common. If you have been suffering from breast cancer discrimination at your San Bernardino workplace, it is essential that you take action as soon as possible. Your employer has no right to discriminate against you because of your diagnosis. Would you like to explore the possibility of taking action against your employer after you were subjected to breast cancer discrimination? Would you like to learn more about your right to file a claim against your employer for the discrimination that you suffered? If so, it is important that you contact the experts at California Labor Law Employment Attorneys Group as soon as possible.
At California Labor Law Employment Attorneys Group, we understand how being subjected to discrimination based on a medical condition can affect your life both in and out of the workplace. We are committed to representing the victims of breast cancer discrimination and ensuring that employers are held accountable for their actions. To ensure that all employees affected by breast cancer discrimination have access to the legal information that they need to take action against their employers, our firm offers free legal services. We offer both free consultations and free second opinions, during which our experts will be available to answer all your questions and address all your concerns – ensuring that you have all the information that you need to pursue a discrimination claim against your employer. If you would like to benefit from our free legal services, do not hesitate to contact our firm at your earliest convenience. Our breast cancer discrimination lawyers in San Bernardino are ready to provide you with the guidance that you need to hold your employer accountable for the discrimination that you suffered.
Are you ready to benefit from our legal services? Our firm offers a Zero-Fee guarantee that ensures that you will never have to worry about paying any upfront legal fees for any of our legal services. Our firm is also strictly based on contingency structure, which ensures that you will not have to pay anything until you win. If you are ready to discuss your claim with the experts at our law firm, do not hesitate to contact California Labor Law Employment Attorneys Group as soon as possible.