Los Angeles Cancer Discrimination Lawyer
Our law offices in Beverly Hills and Culver City proudly serve Los Angeles employees facing cancer discrimination in the workplace.
Your Employee Rights When You Have Cancer in the Workplace
We are passionate and dedicated to cancer victims and their rights. Our attorneys provide compassionate, supportive and effective legal representation to individuals diagnosed with cancer. You may find yourself having to balance treatment, side-effects, work and life obligations. The last thing you need is to be bullied because of your health condition.
While at your vulnerable time you may just need a helping hand and cooperation from your employer to continue to perform your job, anti-discrimination and retaliation laws were implemented because individuals impacted by cancer may face discrimination and retaliation in the workplace.
Although California and Federal laws require equal access to employment opportunities and medical accommodations, these legal rights are just words on paper unless they are enforced by a qualified attorney.
Please contact us for a free consultation with an attorney who will listen, understand, and help you.
“Highly recommend. Diana is very knowledgeable and compassionate. She’s dedicated to helping people, in my experience individuals with cancer. Anyone diagnosed with cancer should know that there is a lot that can be done to maintain your career and normal day to day life, and Diana is someone who can help you with this!”
-Andi W.
Examples of Discrimination/Retaliation Because of Cancer at Work
Discrimination or retaliation that is passive aggressive is equally harmful:
For example: After a teacher, who had a history of receiving good performance reviews, informed the School District of her breast cancer diagnosis and requested medical leave to receive treatment, the District set her up for failure by giving her a series of difficult assignments without the resources required to complete them. For example, the District assigned her to teach a kindergarten class even though she had not taught kindergarten in decades and denied her request for a mentor tear she requested nor any training. The District then used her inability to complete these unreasonable assignments as a pretext for its decision not to renew her contract.
Discrimination or retaliation also occurs if you are being penalized for conduct caused by Cancer:
For example: A surgical technician working at a Hospital was repeatedly written-up for either being late to work or being absent too frequently and was ultimately terminated pursuant to the Hospitals attendance policy. However, he had a case for wrongful termination because of cancer because prior to his termination, the Hospital was aware that his absences and tardiness were due to his tumor related doctor appointments. Under California law, an employee cannot be penalized under an attendance policy for seeking medical treatment. Because his termination was motivated by conduct associated with his tumor and therefore medical condition, the termination was unlawful.
Discrimination or Retaliation Because You Needed Medical Accommodations Because of Cancer is Also Illegal
So long as a medical accommodation does not pose an undue hardship to your employer, an employer may be required to allow you to:
- Work a Modified
- Work Schedule
- Work From Home
- Take Medical Leave (All at Once or Intermittent Medical Leave)
- Work Light Duty
This is not a full list of all accommodations. It is important that you work with your medical provider and give your employer notice of your medical condition and your needs. Upon receiving such notice, your employer must engage in a dialog with you known as an interactive process to work with you to help you be successful at work while accommodating your needs for treatment and other medical needs.
Cancer Survivors May Also Face Discrimination/Retaliation
Perhaps your employer was supportive of you during your cancer treatment. But, things changed once you were in the clear. Discrimination/Retaliation manifests itself in passive aggressive ways because an employer is looking to avoid liability and hide their true motives. It is important to be mindful of how you are being treated after your medical leave/medical accommodations.
Should You Resign if Your Employer is Creating a Hostile Work Environment Because of Your Cancer Diagnosis?
Your health and well-being is paramount. An employer may be creating a hostile work environment by refusing to approve medical accommodations or taking other adverse actions to force you to resign to avoid a wrongful termination lawsuit. While there is a concept known as constructive termination, whereby an employee who resigns is deemed to be terminated if the conditions are “objectively intolerable” under the law. However, the law set a very high standard for what is “objectively intolerable” for a person.
We strongly advise that you call us for a free consultation with an attorney specializing in these situations. We can provide guidance regarding potential exit strategies and discuss how to preserve your rights.
Wrongfully Terminated Because of Cancer or Cancer Related Medical Accommodations?
Being punished for suffering through a medical condition is an injustice no one should ever have to go through. You have legal rights and the right to restitution for the pain and suffering you have had to endure and may continue to endure. Call us today or complete our contact form so that we may get in touch and discuss the next steps. The more information you provide on our contact form the more effective our free consultation will be.
