Discrimination against certain demographics has posed a serious issue across the United States. Medical discrimination can occur when an employee is treated unfairly at work based on a medical condition, whether it be real or perceived. Everyone should have the right to fair treatment in the workplace. If you believe you have experienced medical condition discrimination at work, contact an Atlanta employment discrimination attorney to discover the next steps and how to address the situation.
What Are Some Types of Medical Discrimination in the Workplace?
Unfortunately, there is a plethora of forms that medical discrimination can take. Some common medical conditions that are discriminated against can include the following.
- Physical or mental disability
- Depression
- Anxiety
- Bipolar disorder
- Schizophrenia
- OCD
- PTSD
- Genetic conditions
- Asthma
- Cancer
- Heart conditions
- Crohn’s disease
- Kidney or liver disease
- Diabetes
- Epilepsy
- HIV or Aids
- Lupus
- Tourette Syndrome
Making hiring, firing, promotion, or task assignment decisions based on the above conditions can be considered discrimination.
Is Medical Discrimination Illegal?
Certain groups of people are protected from workplace discrimination under federal law. The kinds of discrimination protected by federal law include race, color, sex, gender, sexual orientation, gender identity, national orientation, age, veteran status, and disability. Medical conditions are generally protected under disability discrimination laws.
The Family and Medical Leave Act (FMLA) prohibits workplace discrimination based on medical conditions. The FMLA is a program that requires employers to offer their employees up to 12 weeks of unpaid but job-protected leave each year. An employee is entitled to take this leave for a variety of reasons, one being the development or worsening of a medical condition or the need for extensive medical attention. Under this federal law, it is illegal for employers to discriminate against employees who request or take leave through the FMLA. Employees are also protected from retaliation or job termination due to taking their legally protected leave. The ADA (Americans with Disabilities Act) is also a federally protected civil rights law prohibiting discrimination based on a disability.
What Should I Do if I Experience Discrimination in the Workplace?
It can be frustrating and hurtful if you experience discrimination at work. You are there to make a living and contribute to society, but employers or coworkers can make that difficult or impossible through harassment and discrimination. If you are facing medical condition discrimination it is important to hire a lawyer.
An experienced attorney will have extensive knowledge of your rights as an employee. They will have dealt with similar cases before and know exactly what actions to take. It is important to follow the proper procedures when dealing with something as delicate as a workplace discrimination case.
You will want to keep detailed reports of your encounters including the names of people involved and the dates and times of the incidents. Review your company’s policies and report your experience to HR. Ask them to launch an investigation. If needed, your attorney can help you file a complaint with the EEOC (Equal Employment Opportunity Commission).
