What Constitutes Discrimination Based On Medical Condition?
Discrimination based on medical condition is the unfavorable treatment of individuals with a chronic medical condition, perceived limitations, or a history of a medical condition. Entities are prohibited from discriminating against individuals based on a list of enumerated and non-enumerated medical conditions by federal, state, and local laws.
Medical conditions include a person’s history of a disease, perceived limitations, and a record of impairment. The prohibition of discrimination is applicable in the housing sector, public accommodations, employer-employee relationships, social security benefits, and public services, including transportation and education .
Medical condition discrimination is found in both civil rights and employee rights law under federal law. A medical condition can be any mental or physical impairment, or a history of such an impairment. Examples of disabilities include epilepsy, heart disease, traumatic brain injury, acquired immune deficiency syndrome (AIDS), breast cancer, HIV infection, and schizophrenia. In addition, discrimination in hiring, promotions, and fringe benefits are violations of anti-discrimination law based on medical condition.
Your Legal Protections From Discrimination Based On Medical Condition
Enforcement and Remedies
The protection against discrimination based on an employee’s medical condition is primarily provided in both Federal and State law.
The Americans with Disabilities Act (ADA), which went into effect for private employers with 15 or more employees in 1992, prohibits employers not only from discriminating against "qualified individuals" with a "disability." The ADA also provides protection from an employer’s adverse employment actions against individuals whose physical or mental condition does not rise to the level of a "disability." The ADA does so by prohibiting discrimination against an individual because of the individual’s record of a physical or mental impairment or because the employer regarded the individual as having a physical or mental impairment.
On the state level, the New Jersey Law Against Discrimination ("NJLAD") contains protection for individuals diagnosed with most medical conditions, as well as protection against discrimination by employers based on the employee’s association with or perception of an individual with a medical condition. Similarly, the New Jersey Civil Service Statute (N.J.S.A. 11A:6-10) protects public employees against discrimination based on medical condition.
The remedies for discrimination based on medical condition are very similar to the remedies available for discrimination based on other classes recognized by law. These remedies include: reinstatement to the same or substantially equivalent job; reinstatement of lost benefits of employment; compensatory damages for pain, suffering, inconvenience, mental anguish, emotional distress; and punitive damages (in cases where the employer’s unlawful actions were intentional). In addition, plaintiffs may be entitled to attorneys’ fees, expert costs, and any other costs associated with the prosecution of the individual’s claims.
Signs You May Be Experiencing Discrimination At Work
As you navigate employment in California, it is important to know the signs of discrimination in the workplace. As I’ve previously mentioned in other posts, discrimination in employment goes beyond hiring and firing. Most notably, the Fair Employment and Housing Act (FEHA) protects Californians from discrimination based on medical conditions. So what does that look like? For example, let’s say your boss or coworker asks an innocent question: "why do you seem so tired lately and why do you keep leaving work early?". Or an employee with a medical condition loses hours worked, gets denied the ability to work from home, or is unable to receive disability benefits or medical leave after an accident; those actions may be discriminatory in your specific situation. Hopefully these examples help clarify what we mean by signs of discrimination in the workplace.
Some other signs of discrimination may be getting asked for medical documentation when you have not missed any work for your condition, not being assigned work that you are qualified to do, more frequent discipline or reprimands for minor infractions, or being excluded from work events or opportunities.
Your manager may not use phrases that sound discriminatory, but managers are trained in the best techniques to minimize liability for their companies. Some managers will utilize passive aggressive or indirect language, like inferred statements that point to a problem for you as an employee that they want you to figure out. It is usually better to be direct and address the matter.
My recommendation is always to speak with a lawyer to get an understanding of your rights. You may think that you are paranoid, but having a legal consultation can go a long way to making sure you don’t make decisions that will jeopardize your case. If you believe your situation is linked to discrimination as discussed above, you should consider speaking with a lawyer as soon as possible.
A lawyer can help you evaluate your situation to see legally protected issues and will advise you on whether you can take further legal action. A lawyer can help you determine what steps to take next and if you should file a complaint with your employer or with a government agency.
Filing A Complaint About Discrimination
In cases of discrimination based on a medical condition, the first step in seeking remedy is to contact the appropriate federal or state enforcement agency. The federal Fair Housing Act requires complaints of discriminatory housing practices to be filed with the Department of Housing and Urban Development within one year of the date of the alleged discrimination. However , for the most up-to-date and accurate information on filing, knowledgeable counsel should be retained. Cases can also be filed directly through the courts after the time period expires. Under New Jersey law, state law claims must be filed with the New Jersey Division on Civil Rights. Form deadlines depend on the nature of the complaint, whether filed with the DCR or directly with the court.
When To Seek Legal Assistance and Support
If you believe your medical condition is the basis of discrimination, you should seek legal counsel to help you understand your rights and navigate the complications involved. Given the complexity and sensitivity of such matters, seeking legal help can be an important step in successfully addressing an employment-related issue. Various resources and organizations offer guidance and support to those facing discrimination based on their medical condition. The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL) have been instrumental in providing relevant information and responding to specific inquiries regarding employment discrimination. In addition, many additional resources are also available, including civil rights groups such as the American Civil Liberties Union (ACLU) and legal services organizations like the American Bar Association (ABA). Local bar associations and law schools are also valuable resources for those seeking guidance on such issues. Regardless of where you turn for help and advice, it is crucial to have someone looking out for your best interests when faced with such a situation.
Creating An Inclusive and Accepting Environment
Organizations and individuals can take proactive steps to promote a discrimination-free environment for all.
Policy Creation
It is always important for an organization to have clear policies and procedures in place that address discrimination based on medical condition and how complaints will be handled. In addition, in terms of medical condition, an organization should ensure that it has a policy in place addressing drug and alcohol testing and its lawful purposes, defining what constitutes unlawful discrimination in connection with drug and alcohol testing and how complaints in connection with drug and alcohol testing will be handled.
Awareness
Awareness and Education: Be aware of the issues associated with drug and alcohol testing and the potential for the same to result in unlawful discrimination . Require regular training on these issues for HR, management and all employees. Offer training on implicit bias and how to combat it.
Proactive Measures
Posters: Post and make available to employees the posters that notify employees of their rights under the law.
Feedback: Be open to receive feedback from your employees on potential accessibility issues.
Medical Staff: Ensure your organization’s medical staff understands the rules and regulations associated with returning employees to work following an injury or illness.
Procedures: Review all procedures related to employees’ rights to return to work after an injury and/or while recovering from a medical condition.