Pursuing Damages For Disability Discrimination Based On Diabetes
People with diabetes may face numerous complications when they are not under the care of a physician, and their insulin is not under control. Diabetes may be disabling and if you become disabled by it, you may need reasonable accommodations from your employer, such as time off work to go to the doctor, time to take insulin shots, or the ability to keep food available in case of blood sugar issues.
In most cases, your employer is not permitted to take any adverse employment action against you on the basis of disability. Adverse employment actions that may be considered discrimination include firing, demoting, retaliating, harassing or making an unfavorable reassignment. In order to sue your employer for disability discrimination, you need to be disabled, be perceived as disabled or have a history of being disabled.
Diabetes may render an employee disabled under both the federal Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). Under the ADA, a disability substantially limits a major life activity. Diabetes may substantially limit the function of the endocrine system. Meanwhile, FEHA provides that any condition that limits a major life activity is a disability. There are some other differences between these laws, but generally, in order to establish a diabetes-based disability discrimination claim, you will need to establish that your disability caused a physical limitation, you can perform the essential job duties, and your employer took an adverse action against you based on your diabetes.
Under both federal and state laws, covered employers have an obligation to provide reasonable accommodations to an employee who is disabled by their diabetes that would allow them to perform essential job tasks. Diabetes is also a medical condition that is a protected characteristic under FEHA.
Employers must provide reasonable accommodations unless doing so would be an undue hardship. The employer must engage in an interactive process with an employee once the need for accommodation arises. Under FEHA, an employer’s failure to engage in the interactive process is a standalone cause of action.
Consult A Disability Discrimination Lawyer In Los Angeles
If you have suffered adverse consequences in the workplace due to your diabetes, the Los Angeles disability discrimination attorneys at The Nourmand Law Firm, APC, may be able to help you file a lawsuit against your employer. We strive to provide aggressive legal representation to workers in San Diego, San Bernardino, Riverside, Palm Springs, Anaheim, Santa Ana, Van Nuys, Beverly Hills and other cities in Los Angeles, Riverside, Orange, San Diego, and San Bernardino counties. Call us at 323-895-7800 or contact us through our online form to set up a free appointment with a workplace rights attorney.