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Medical Discrimination in the Workplace: Top 3 Federal Laws

By Edited Feb 10, 2014 0 0

One of the most common forms of discrimination in the workplace is related to medical conditions.

In many instances, employers see a person's medical condition as a deterrent to his ability to perform the duties required from the position.

If this happens, then the employee may need a Los Angeles medical discrimination attorney to help him file a complaint and/or a lawsuit against the employer.

There are many federal laws that are in place that protect employees from medical discrimination.

Three of those are:

Americans with Disabilities Act (ADA)

This law protects qualified employees who have a disabling medical condition from being discriminated on all aspects of employment.

A disabled person is defined by the EEOC as:

  • A person with a physical or mental condition that limits one or more major life activities
  • A person who has a history of having the disability
  • A person who is recognized as having such a disability

This also requires employers to provide the employees and applicants reasonable accommodations to help with their duties or their applications.

That is unless the accommodation requested will provide the company undue hardships.

Genetic Information Non-Discriminatory Act (GINA)

This is a new law that was passed in order to combat the incidence of medical discrimination due to the employee's genetic information.

The EEOC defines genetic information as information about the person or a person's family members about any disease, disorders and other medical conditions

This includes employee's family medical history that may indicate the diseases or illnesses tow which he is most at risk.

Under the law employers are prohibited from obtaining an employee's genetic information unless:

  • The information was inadvertently obtained and not intentional
  • If certain requirements are met, information may be obtained for health or genetic services provided by company.
  • Part of certification requirement for FMLA leave (see below).
  • The information is inadvertently obtained through public and commercial documents.
  • The information is obtained through genetic monitoring programs that checks effects of toxic substances in the workplace
  • The information may be obtained for analyses of DNA markers for quality control if the employee works for employers who work in DNA testing for law enforcement.

Family Medical Leave Act (FMLA)

Under the FMLA, qualified employees may take a leave for up to 12 weeks in one 12 month period to recover from a serious injury or health condition.

Once the employee goes back to work, he should be given his old position if available.

If the position is no longer available, he should be provided with an adjacent position with similar compensation and benefits as his previous position.

Getting Help

If your employer violated any of these laws, then they can be held liable for the damages you have suffered.

Consult a Los Angeles medical examination expert, employment law attorney for more information. You can check the profile of an expert employment attorney at LinkedIn.


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