You should not have to feel ashamed of a medical condition that you carry with you into the workplace. In fact, federal statutes such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) shield you from having to experience any of these unwanted feelings. So if your employer or anyone in your workplace is found to be violating such statutes, you may have a considerable discrimination claim on your hands. Follow along to find out what’s deemed medical condition discrimination and how a proficient FMLA lawyer in Gloucester County, New Jersey, at The Vigilante Law Firm, P.C., can help identify whether you or anyone in your workplace has fallen victim to this treatment.
What is the Family and Medical Leave Act?
Of note, the FMLA holds that covered employers must provide their employees with job-protected, unpaid leave for qualified medical and family reasons. More specifically, an employee with a medical condition that renders them incapacitated may take 12 weeks of unpaid leave within 12 months under this Act. That said, this Act may also only apply to employees who work at least 1,250 hours per year for employers with a minimum of 50 employees.
What is the Americans with Disabilities Act?
Also worth mentioning, the ADA finds it unlawful for covered employers to discriminate against prospective and current employees based on their disability. This Act defines a disability as a mental or physical impairment that significantly restricts major life functions. Further, “covered employers” under this Act are all employers with a minimum of 15 employees.
What is considered medical condition discrimination in the workplace?
Now that you understand what regulations the FMLA and ADA enforce, you must move on to learn the specific actions that may constitute medical condition discrimination in the workplace. Such actions may range from subliminal to overt, and they read as follows:
- Your employer may have fired you upon hearing about your medical diagnosis.
- Your employer may have denied you a raise because you used your necessary medical leave.
- Your employer may have refused to implement wheelchair accommodations to help you perform your job effectively.
- Your manager may have demoted you while you were on necessary medical leave in the hospital.
- Your manager may refuse to let you go on your work breaks to take your required prescription medications.
- Your manager may refuse to let you take necessary medical leave to attend your recurrent doctor’s appointments.
- Your coworkers may have harassed you while you were pregnant or using a wheelchair in the workplace.
Even if you are only considering a discrimination claim, you must first consult with one of the talented New Jersey employment lawyers from The Vigilante Law Firm, P.C. Contact our firm today.
