It is against the law for an employer to discriminate based on a person’s disability or serious health condition. Unfortunately, medical discrimination in the workplace can be life-threatening and happens often enough that many people never know they have been victims. Therefore, it is important to know what you can do if you suspect you may have experienced medical discrimination in the workplace.
At Levine & Blit, our attorneys understand how to identify medical discrimination at work. Our experience with these types of cases has taught us how your rights as an employee can be violated when your disability or health issues are not considered during employment decisions. If this has happened to you, we urge you to contact us today so that we can take action on your behalf.
What Is Medical Discrimination?
Medical discrimination is the unfair treatment or denial of services based on a person’s illness, mental or physical impairment, or perceived disability. The practice of medical discrimination occurs when employers refuse to hire employees with certain medical conditions. Employers can also take adverse action like reassignment or termination against an employee due to a medical condition.
These practices can happen even if an employee with a medical condition does not need accommodations. They can also occur if an individual needs accommodation and the employer refuses, delays, or makes changes without offering reasonable accommodations.
Medical Discrimination in the Workplace
Federal and state laws prohibit discrimination against employees based on their medical conditions when making employment decisions. These decisions are hiring, promoting and demoting, firing, training, and job assignments.
The Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) protect against medical condition discrimination. These acts cover workers who have or may develop disabilities that could make performing essential functions difficult.
Can You Sue for Medical Discrimination?
Some employers may be liable for medical discrimination. Even if it is illegal, medical discrimination does not apply to everyone with a medical condition. There are times when what appears to be discrimination is not, at least not legally.
If you have a medical condition that makes it unsafe for you to do a particular job, the employer may refuse to hire you. It wouldn’t be discrimination; in that case, it would be a matter of the employer keeping you and others safe.
Can I Be Fired Because of a Medical Condition?
Employees in New York can be fired for any reason, including being sick. However, when a “sickness” is considered a disability under federal, state, and local law, firing the employee may be employment discrimination.
If you believe your employer has discriminated against you due to a sickness you contracted at work, contact our expert disability discrimination lawyer at Levine & Blit. Get a free case evaluation by calling (212) 967-3000.
Consult a Skilled Medical Discrimination Attorney in New York
Levine & Blit attorneys represent clients throughout New York. When you choose a skilled attorney from our firm experienced in handling medical discrimination claims, you get the best possible representation. We will help you determine whether or not there was discrimination at your place of employment. If we find evidence of discrimination, we’ll work hard to ensure you receive fair compensation. Our attorneys have over 100 years of combined experience representing victims of medical discrimination nationwide.
We know how frustrating it is to lose income, and we want to ensure you don’t face obstacles during this process. Contact one of our lawyers for a free consultation. Call (212) 967-3000 today.