Discrimination Based on Medical Disability

Discrimination Based on Medical Disability

California’s Fair Employment Housing Act protects employees from any adverse employment action based on a medical disability or medical condition. Unlike for disabilities, an individual claiming a medical condition does not have to show the medical condition has limited a major life activity. Federal and California law require employers to make certain accommodations to allow individuals with disabilities to work. Employers are required to provide reasonable accommodations to employees with disabilities. This includes employees facing serious illnesses such as cancer or other medical conditions.

In order to be qualified for leave based on medical disability, the employee must show that:

There is a physical or mental disability,
The employee cannot perform his or her job and
There is a physician note stating that the employee has a disability.

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If you reported your medical disability to your employer, and then your employer retaliated against you by cutting your hours, demoting you or decreasing your pay, then. you might have a cause of action for discrimination. Please contact our team of experts at Employment Rights Lawyers, APC, to discuss your case for free.

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Reasonable Accommodation:

‍In the case of physical disability, employer must provide reasonable accommodation to the employee requesting such accommodation. Reasonable accommodation refers to the provision of conditions, equipment, and environment that enable an individual to effectively perform his or her job. If you have been terminated because of your physical disability and the employer did not take reasonable accommodation, then you might have a valid claim against your employer. Our team of employment law attorneys will be able to help you

Expertise in Employment Law

Paternity Leave

Fathers in California can enjoy paternity leave upon the birth of their newborns. The paternity leave is also protected, and the employer cannot retaliate or discriminate because the employee takes an approved paternity leave. Paternity leave can be obtained through Family Medical Leave Act protection or through the California Family Rights Act (CFRA). Both FMLA and CFRA provide for 12 weeks of leave.

Maternity Leave

An employee can take up to four months of protected leave. This includes time off needed for prenatal or postnatal care, severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, loss or end of pregnancy, or any other related medical condition.

Family Medical ACT Leave

The Family Medical Act (FMLA) is a federal law that provides protection for employees who take time off for medical reasons. FMLA provides that an employer cannot terminate an employee for taking FMLA leave, and the employer must guarantee that the employee’s job remains available upon his/her return back to work.

Age Discrimination

Age discrimination could occur when an employee is wrongfully terminated and the main reason for the termination is the employee’s age. It also could occur in connection with a disability discrimination claim as well.

Reimbursement of Business Expenses

All employers in California are required to reimburse their employees for their legitimate business expenses. If an employer knows that an employee is incurring business costs for the purpose of the employer’s business, then the employer is required to reimburse the employee for their work-related expenses.

Racial Discrimination

Racial discrimination occurs when the employee suffers from harassment, discrimination or other unfavorable treatment at the workplace because of the employee’s race or national origin.

Whistleblower

California is an at-will employment state. This means that generally an employer can terminate an employee at any time without warning, as long as the termination is legal. However, there are several exceptions to the rule of at will employment.

Reasonable Accommodation

An employer must provide reasonable accommodation to an employee who is physically or mentally disabled, if the employee requests an accommodation. Reasonable accommodation refers to the provision of conditions, equipment, and an environment that enables an individual to effectively perform his or her job.

Pregnancy Discrimination

Pregnancy discrimination occurs when an employer fires, demotes, lays off, or fails to promote by eliminating a work position because an employee is pregnant. If the employer has notice of the employee’s pregnancy and fails to accommodate the employee’s pregnancy status, then the employer might be liable for pregnancy discrimination under California Law.

Commission Pay

If you work based on commission, you are entitled to compensation for making sales or completing tasks. In California, commissions are not classified as discretionary, meaning that an employer cannot withhold your payment, as long as you meet the requirements for commission

Class Action

Class actions or collective actions allow an individual plaintiff to bring a lawsuit on behalf of himself and all similarly situated individuals for the employer's violation of California Rules and Procedures. Attorneys at Employment Rights Lawyers, APC, have worked on numerous class actions in the past.

Independent Contractors - Misclassification

A recent California regulation requires that employers consider all employees working under the direction and supervision of an employer as “W-2” employees rather than an independent contractor, unless there is a legal exemption.

Off the Clock Work

Off-the-clock work is where an employee works for the employer while not being on the clock. This happens when the employee has clocked out from work, or the employee is outside of the place of employment and continues to perform his/her duties benefiting the employer. The employer is responsible for the time that the employee has worked off-the-clock.

California Overtime Payment

California law provides payment of overtime for non-exempt employees. The rules regarding overtime payment does not apply to exempt employees.If you work more than eight hours per day or more than 40 hours in a workweek, then your employer is supposed to pay you one and one-half time for each hour worked after the eighth hour in each day.

California Meal and Rest Break

Under California meal break law, each employee is entitled to a thirty-minute duty-free meal break at the end of the fifth hour if the employee works over six hours in a day. The meal break must be duty free, meaning that the employee should not be bothered during his/her meal break...

Exempt/Non-Exempt

An employee is presumed to be non-exempt and thus entitled to overtime, rest periods, meal periods and itemized wage statements. The employer bears the burden of proving that an employee is exempt and, thus, not entitled to overtime, rest periods, meal periods and itemized wage statements.

Sexual Harassment

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when the conduct is made as a term or condition of an individual’s employment, or it occurs during the course of employment.

Discrimination Based on Gender

Gender discrimination occurs when an employer discriminates against you because of your gender in hiring, promotion or firing. Repeated acts that contribute to a hostile workplace, where you feel unwelcome or unsafe because of your gender also count.

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