Medical Condition Discrimination
Phillips & Associates is a leading New York discrimination law firm dedicated to assisting individuals who face employment discrimination based on a medical condition. Our attorneys handle all types of medical discrimination cases in the New York City area. Call one of our qualified employment lawyers today at (212) 248-7431.MEDICAL CONDITION DISCRIMINATION IN THE WORKPLACE
Medical condition discrimination refers to the unfair treatment of employees based on real or perceived medical conditions. Because the legal definition of a medical condition is broad, it is important that people with qualifying medical issues understand their rights to equal treatment and reasonable accommodation at work. Unlike workers’ compensation law, there is no “list” of covered illnesses and diseases, so many people are unaware that their condition is treated as a disability, placing them in a “protected” class under employment law.WHAT IS A DISABILITY OR MEDICAL CONDITION
A disability or medical condition is broadly defined as any physical, medical, or mental impairment which prevents the exercise of a normal bodily function. The impairment may be one that is documented by medical history or merely a condition that is “regarded by others” as an impairment.
Although not exhaustive, a few examples of “protected” medical conditions include:
- Alcoholism, drug addiction
- Genetic disorders
- Heart conditions
- Mental illness
To be “protected” under the law, individuals only have to show they suffer from—or have a history of—a medical condition, not that the impairment severely limits a major life function. Major life functions include sensory abilities, walking, speaking, and performing manual tasks.
Our employment discrimination lawyers handle all kinds of medical condition cases in the New York City area. Our initial consultation is always free and there is no fee unless we recover compensation for you. Call us today at (212) 248-7431.MEDICAL CONDITION DISCRIMINATION IS ILLEGAL IN NEW YORK
Medical condition discrimination violates New York state and federal laws. The Americans with Disabilities Act (ADA) strictly prohibits discrimination based on disability in employment. The law covers individuals with medical conditions as well as those “perceived by others” as having such impairments. The ADA requires that employers provide qualified individuals with “equal opportunity” and reasonable accommodation on the job. In recruiting, the ADA also prohibits employers from asking about an applicant’s real or perceived disability, workers’ compensation history, prescription drug use, and medical exams.THE FAMILY AND MEDICAL LEAVE ACT (FMLA)
The Family and Medical Leave Act (FMLA) allows employees suffering from a medical condition involving a period of incapacity, or an absence from work for more than three days, 12 weeks of unpaid leave. This law also gives parents of either sex 12 weeks of job-protected leave for the birth or care of a child. This means parents and employees with incapacitating medical conditions cannot be fired, demoted, or deprived of benefits while taking time off work.
At the state level, New York’s Human Rights Law (HRL) covers smaller employers not subject to the ADA. The HRL uses a broader definition of “disability” and therefore protects more employees with different medical conditions. Like federal laws, the HRL requires employers to provide qualified employees with reasonable accommodation and medical leave. An experienced New York discrimination attorney can explain these federal and state laws and the implications they may have on your case.
Our employment attorneys handle medical condition discrimination cases in the New York area. Call today and speak to one of our employment discrimination attorneys at (212) 248-7431.WHAT TO DO IF YOU ARE A VICTIM OF MEDICAL CONDITION DISCRIMINATION AT WORK
If you believe you are the victim of medical condition discrimination, consult the skilled New York medical condition discrimination lawyers at Phillips & Associates today. At Phillips & Associates, we know that speaking out about workplace violations is tough, but believe that no one should have to suffer discrimination at work. Our firm provides the highest quality legal representation to victims of discrimination throughout New York and is dedicated to helping you recover the compensation you deserve.
We do not charge attorney’s fees unless you get paid. Call (212) 248-7431 for a free consultation or Contact Us online.
45 Broadway, Suite 620,
New York NY, 10006