We know that standing up to your employer can be tough, especially if you have a long history working there, or wish to keep your job. Nonetheless, no one should be the victim of an employer’s unlawful workplace discrimination solely because of a medical condition, especially cancer.
The Law Office of Cohen & Jaffe, LLP is a premier New York Cancer Disability Discrimination law firm.
We represent victims of unlawful discrimination in the employment environment based on an employee’s medical condition. We have handled numerous medical disability discrimination cases in the New York City and Long Island metropolitan area.
Initial consultations are always free and confidential. There are never any fees unless and until we first secure your recovery.
Contact an experienced New York City and Long Island employment lawyer at Cohen & Jaffe to discuss a potential cancer disability discrimination claim. Call us now or fill out our online contact form.
Medical disability discrimination occurs when an employee is treated unequally and differently compared to co-workers, purely based upon their medical condition (in this case, cancer).
In order to serve as the basis for a legal claim against your employer, the unfair treatment can be based either on the actual medical condition, or based on what the employer perceives.
Thus, you still have the right to be treated fairly, and as equally as your co-workers, even if you are not actually suffering from a medical condition (such as cancer) but your employer thinks you are.
Cancer is considered a disability in the workplace under New York State Human Rights Laws as well as federal laws.
An employer cannot legally discriminate against you just because you have cancer. In fact, the Americans with Disabilities Act (ADA) has been explicitly amended and interpreted to afford workers with cancer protection against discrimination.
The ADA applies to disabilities of the body and mind, like the functions of the immune system, cell growth, digestive, bowel, bladder, brain and nervous system, respiratory, circulatory, endocrine, and reproductive systems. The ADA even protects you if you had cancer in the past, but are doing well now.
An employer may not legally discriminate against you because you used to be sick. Nor can an employer legally treat you differently from other employees merely on the basis of the fact that your spouse or children have cancer.
There must be a legitimate business reason for your employer to take an adverse action (e.g., firing you).
Protections against discrimination in the workplace because of cancer begin at the very start – the hiring process.
Employers are legally forbidden from asking questions regarding your actual or perceived medical conditions. Nor can an employer legally ask about any prescription medications you are taking.
Moreover, at work, you are entitled to reasonable accommodations to compensate for your battle with cancer. For instance, if you need time off of work following radiation or chemotherapy treatments, pursuant to the Family and Medical Leave Act (FMLA), you are entitled to up to 12 weeks of unpaid leave.
If your employer denies your request for work leave unfairly, you may have a basis for a legal discrimination claim.
The attorneys at the Law Office of Cohen & Jaffe, LLP can talk to you about your rights, and recommend how to proceed with your claim, free of charge.
Dealing with cancer is hard enough without the additional burden of unlawful discrimination at your job. If you are the victim of cancer discrimination, call us for a free, immediate consultation.
We provide ethical, high-caliber representation. We are dedicated to fighting for the compensation that you deserve. We know your rights. We hold employers accountable to abide by them.
Call us today for a complimentary, confidential initial consultation. There are strict time limitations set by law within which you have to file a discrimination lawsuit. Contact us now for a free consultation. It is in your best interests to act as soon as possible to ensure your claim is filed timely.