Can I Be Fired for a Medical Condition?

Most employees are protected under both federal and California state law from discrimination based on temporary or permanent disability. You have rights, including the right to reasonable accommodation, the right to file a complaint, and the right to not face retaliation for any complaint you may file.

Protections Under Federal and State Law

Federal law offers protection for those with disabilities under both the American Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). FMLA provides for up to 12 weeks of unpaid leave in a 12 month period if an illness or injury leaves you incapacitated. Those protections cover those working for employers with at least 50 employees, provided you work at least 1,250 hours in a year.

The ADA provides protection from discrimination if you have any physical or mental impairment that significantly limits at least one major life activity. Under the ADA, your employer must offer reasonable accommodation to enable you to perform key functions of your job. The ADA covers you if you work for an employer with at least 15 employees.

California also offers protection of rights under the Fair Employment and Housing Act (FEHA). FEHA goes beyond the protections of the ADA to define a disability as any condition that limits, not just significantly limits, at least one major life activity. FEHA also expands protection to cover those with learning disabilities as well. FEHA applies to employees working for employers with at least five employees.

Reasonable Accommodation

Employees are within their rights to ask for reasonable accommodation to be able to continue doing the key functions of their jobs. Note that the burden is on the employee to request accommodation. The employer does not have to grant the accommodation in the way it is asked but may agree to other accommodations so the employee can perform their job while meeting the needs of their condition.

Reasonable accommodation means the employer may change some work rules or job duties to make the key functions of the job still doable by the employee. It may also entail making equipment or facilities accessible with appropriate changes, adding accommodations for hearing or vision impaired employees, or transferring the employee to another location to better accommodate medical treatment.

Employers are not required to make accommodations that create an undue hardship on the business. However, it is not easy for an employer to prove that an accommodation is unreasonable. The courts will generally find that a reasonable accommodation is possible.

What to Do if You are Fired for a Medical Condition

If you believe your termination was a result of discrimination you have the right to file a complaint and take action to secure your rights. The first step is to follow any procedures in your employee handbook for challenging the action taken against you. It may provide a swift answer to your current situation.

You may also file a complaint with the California Department of Fair Employment and Housing on their website. This will begin the process of seeing administrative action taken to rectify your situation.

In almost every case it is a good idea to contact an attorney for a free consultation if you feel you have been discriminated against. A discrimination attorney can assess the merits of your case and let you know if it deserves further action. They can also help you with the process of filing a complaint with the proper authorities.

If you have been fired because of a medical condition, it is important to take action quickly. California law gives you only one year in which to file a complaint and for federal complaints you have only 300 days. You have the right to reasonable accommodation for your medical condition and to not worry about losing your job.

For more information on the conditions of your firing, please contact one of our Los Angeles wrongful termination lawyers today.