California residents may be aware of the Americans with Disabilities Act that was passed in 1990. In 2008, it was amended in order to protection for those with chronic diseases. However, a study that was published in a peer-reviewed medical journal has found that workplace discrimination is still a problem for those with chronic illnesses such as cancer. The study compared claim data from the Equal Employment Opportunities Commission between 2001 and 2007.
It also looked at data from 2009 to 2011 after the amendments were passed. Claims related to terms of employment increased after it passed, and claims related to relations at work were also up after 2008. Claims for discrimination as it related to hiring, firing and other issues were roughly the same over both time periods. One conclusion was that oncologists and oncology providers could do more to create personalized accommodations in the workplace for those with cancer.
Workers who believe that their employers are discriminating against them because of a disability or other protected impairment may wish to talk with an attorney. If a worker is part of a class of people protected by employment law, employers cannot make decisions based on an impairment or perceived impairment. Furthermore, employers must provide accommodations when it is reasonable to do so.
An attorney may be able to help an individual gather evidence that may prove that employment laws were violated. Evidence may include pay records, statements from management or statements from the employee him or herself. Witness testimony and other relevant employment records may be used to verify a worker’s case. If successful, it may be possible to win a financial award in addition to reinstatement for those who were wrongfully terminated in violation of the ADA.
