Medical discrimination can affect an employee’s health, income, and sense of safety at work. If you have been treated unfairly because of a disability, pregnancy, medical condition, or request for leave, an attorney can evaluate whether you have experienced medical discrimination and help you report it and continue the claim.

Erkel Law, P.C. is here to help. You can reach out to discuss your situation with a Sacramento medical discrimination lawyer today.

What Does Medical Discrimination Include?

California’s Fair Employment and Housing Act (FEHA) prohibits employers from discriminating based on medical reasons. The law also requires employers to provide reasonable accommodations and engage in an interactive process when an employee needs help. Unfortunately, workers still face medical-based unfair treatment.

A Sacramento attorney at Erkel Law, P.C. can help with medical discrimination cases involving:

  • Firing or demoting someone after a diagnosis
  • Cutting hours because an employee needs treatment
  • Refusing to allow medical leave
  • Making negative comments about an employee’s condition
  • Denying promotions or opportunities based on health
  • Penalizing an employee for requesting accommodation

If you have experienced this type of treatment, a lawyer can help protect your rights and pursue appropriate legal remedies under FEHA.

Reasonable Accommodations for Medical Concerns

A big part of handling workplace medical concerns involves reasonable accommodations, as a medical discrimination attorney in Sacramento can explain. This is when an employer allows a change for the employee that helps them do their job. FEHA requires this except in situations where it would cause undue hardship for the company. To begin, the employee informs the employer that they need assistance of some kind. They enter into the interactive process, where both sides discuss possible solutions.

Possible accommodations include:

  • Modified schedules
  • Time off for treatment
  • Light-duty assignments
  • Assistive devices
  • Remote work options
  • Temporary reassignment

When employers fail to engage in this process or refuse reasonable accommodations without justification, an attorney can help hold them accountable.

Documenting and Reporting Medical Discrimination

Documentation of what happened and when it occurred strengthens claims for medical discrimination.

Helpful records to save include:

  • Emails or letters requesting accommodations
  • Doctor’s notes or medical work restrictions
  • Write-ups or evaluations issued after the condition was disclosed
  • Notes describing conversations with supervisors
  • Work schedules or timesheets showing changes
  • Company policies about leave or accommodations

Reporting discrimination helps to create a record and give the employer the chance to correct the issue. Reporting rules can usually be found in an employee handbook, and it is important to follow these rules. Often, reports are made to HR, a supervisor, or another designated person. A Sacramento attorney experienced with medical-based unfair treatment claims can assist with documentation and reporting.

Filing a FEHA Complaint for Medical Discrimination

The first step in a medical discrimination claim is to file a complaint with the California Civil Rights Department (CRD). Filing a civil lawsuit can come later, and a skilled medical discrimination attorney in Sacramento can explain whether it is better to begin the lawsuit right after receiving a Right to Sue letter or wait until the CRD finishes its investigation. The deadline to file is three years from the last incident of discrimination.

Speak to a Sacramento Attorney About Medical-Based Unfair Treatment

With the right information and support, workers can stand up for their rights after experiencing medical discrimination. Erkel Law, P.C. can assist with documentation, reporting, and guidance through the claim. Reach out today to discuss your case with a Sacramento medical discrimination lawyer.

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