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Los Angeles Medical Discrimination Laws and Attorneys

By Edited Feb 10, 2014 0 0

It is tough enough being disabled or having a medical condition that can adversely affect your life but things can get even worse if you experience discrimination in the workplace because of your medical condition.

Fortunately, if you live in the Los Angeles area, you may consult or acquire the services of medical discrimination attorneys to provide a remedy in your situation. Medical discrimination is unlawful and should not be tolerated, here are some pertinent laws regarding this type of discrimination especially if you're a California resident:

  • Genetic Information Nondiscrimination Act of 2008 (GINA) – This federal law took effect only last year on November 21, 2009. Title II of GINA protects employees or applicants from discrimination and employment practices based on their genetic information. Genetic information is any information about the individual's genetics tests or medical history of his family about any disease, disorder or condition.

An employee's genetic information cannot be used to make any employment decision because genetic information doesn't tell the employer anything about someone's current ability to work. Employers with 15 or more employees are covered under this law.

Further under GINA, it is illegal to retaliate or harass an employee or applicant for filing a discrimination complaint or participating in a discrimination proceeding.

  • Americans with Disabilities Act of 1990 (ADA) – Under Title I of this federal statute, it is unlawful for employers in the private sector, and in state and local governments to discriminate against a qualified person with a disability.

The ADA defines disability as, "a physical or mental impairment that substantially limits a major life activity." A person may be considered disabled if the employee has a history of a disability such as cancer that is in remission. Employers are required to reasonable accommodate the known physical or mental limitations or the medical condition of an applicant or employee who is a qualified individual with a disability unless it would impose undue hardship on the operation of the business.

  • Fair Employment and Housing Act (FEHA) – This is a California statute which prohibits employment discrimination based on physical disability, mental disability, medical condition, pregnancy, childbirth or other related medical conditions.

This provides a more potent protection for California employees and would include the award of attorney fees, reimbursement, and also allow the imposition of punitive damages.

If you are a victim of medical discrimination, you may avail of any of these protections afforded by the above-mentioned laws. Hiring a Los Angeles Medical Discrimination Expert, Employment Law Attorney would also ensure the speedy and successful disposition of your complaint. You can check the profile of an expert employment attorney at LinkedIn.



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