Is There Such A Thing As Medical Condition Discrimination In NJ?
Like discrimination against individuals with disabilities, you have legal protection if you have been the victim of discrimination as a result of a medical condition. This includes any condition that limits your capacity to carry out job duties in a conventional way. Wherever possible, employers should allow reasonable accommodations to assist employees with medical conditions to complete their jobs. In this article, we share more with you about medical condition discrimination.
What is Medical Condition Discrimination?
Similar to any type of discrimination based on a protected characteristic, such as age and gender, medical condition discrimination is unacceptable, and you are protected under the law. If you have been treated differently as a result of your medical condition during the hiring process, was wrongfully terminated or passed over for promotions, you could have a case. A medical condition can include conditions that affect one of our many body systems, including cancer.
Even if it turns out you do not have a medical condition, your employer could still be liable if they had treated you unfairly based on the assumption that you have one. For instance, if your doctor’s suspicion of cancer was proven wrong but your employer had already unfairly terminated you, you could still have a case.
Establishing a Medical Condition
Of course, it is unlikely that your employer will send you an email informing you that your job duties have changed as a result of your condition. However, there are many other ways that discriminatory intent and/or impact can take place. These include:
- Passing remarks made to a co-worker about problems with hiring people who have your condition
- Reduced hours
- Exclusion from workplace meetings and social events
- Failure to promote or hire qualified applicants with medical conditions
- Failure to put a stop to harassment from co-workers after it has been brought to the attention of the employer
- … and more!
Even if your employer is not the one discriminating against you, they have an obligation to put an end to any harassment between co-workers. That is why you should always report any harassment or discrimination to your employer after it happens instead of brushing it off. Once your employer is aware of the discriminatory behavior, it becomes their responsibility to take all reasonable steps to mitigate the situation and prevent it from happening again.
Turn to Carcich O’Shea For Representation
If you have been harassed or treated unfairly in the workplace due to a medical condition, you have legal recourse. At Carcich O’Shea, LLC, you can be assured that we listen, and we care. We specialize in a wide range of practice areas and can represent you in your fight for justice. You can enjoy peace of mind that we are well-versed in the latest employment laws and will advocate fiercely for your case.
Contact us today if you would like to discuss what you can do to hold your employer accountable for a case of medical condition discrimination.