What Constitutes Medical Condition Discrimination?

Understandably so, you may find it difficult to balance your job responsibilities with tending to or healing from your medical condition. But what may make this all the more challenging is if you do not receive the support you need from your employer, manager, and coworkers. Under drastic circumstances, you may even face discrimination from them. Continue reading to learn what behaviors and actions constitute medical condition discrimination in the workplace and how one of the experienced California protected leave lawyers at Stansbury Brown Law, PC can help you hold accountable those who violate your given rights.

What federal laws offer protection for medical conditions in the workplace?

When it comes to medical condition protection in the workplace, there are three key federal statutes that you must be made aware of. Namely, they are the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the Pregnancy Discrimination Act (PDA).

First, the FMLA requires employers to provide their employees with job-protected unpaid leave for qualified medical and family reasons (12 weeks within 12 months). Secondly, the ADA guarantees equal opportunities for employees with physical or mental impairment in the workplace. Lastly, the PDA prohibits sex discrimination in the workplace on the basis of pregnancy, childbirth, and other related medical conditions. With all these Acts, such protections cover hiring, firing, demotions, promotions, salary decisions, providing necessary accommodations, and other work-related decisions.

However, it is worth mentioning that these Acts may only apply to employers with a certain amount of employees, along with employees with a certain employment status. For instance, the PDA may only apply to employers who have 15 or more employees. Similarly, the FMLA may only protect employees who work at least 1,250 hours per year.

What behaviors and actions constitute medical condition discrimination in the workplace?

Medical condition discrimination in the workplace may take on many forms. Such discriminatory behaviors and actions may be taken on by employers, managers, coworkers, or all of the above.

For example, your employer may deny your request to install wheelchair-accessible fixtures throughout the workplace, such as ramps to entranceways, larger bathroom stalls, etc. Or, your manager may refuse that you use your work break to take your prescription medication in private, such as your insulin shots for diabetes. Sadly, it may be the case that your coworkers avoid you or exclude you from work-related activities upon learning about your illness, such as an HIV infection or AIDs.

You should not have to go into the office day-in-and-day-out with these feelings of isolation and unsupportiveness. So even if you are only considering a discrimination claim, you must first consult with one of the skilled California employment discrimination lawyers from Stansbury Brown Law, PC. Contact our firm today.