Under the California Fair Employment and Housing Act (FEHA), employees are protected against discrimination based on disability or medical condition. If you are an employee, it is illegal for an employer to discriminate against you based on a medical condition, including in making employment decisions, such as promotions. Employers must provide reasonable accommodations for employees up for a promotion, which may include modifying job responsibilities or providing time off for medical treatments. 

If you suffered discrimination due to a medical condition, the employment lawyers at Blackstone Law can help you file a complaint with The Civil Rights Department (CRD) or file a claim against your employer for damages. We fight for your best interests every step of the way, from initial consultation to trial, if necessary. 

What Are Lawful Reasons for a Passed-Up Promotion in California? 

Passing up an employee for a promotion due to a medical condition is considered discriminatory under the FEHA. However, employers can choose not to promote an employee for legitimate, nondiscriminatory reasons, including the following: 

  • Failure to meet necessary qualifications 
  • Lack of educational requirements
  • Not enough experience 
  • A more qualified candidate 
  • Poor job performance
  • Failure to commit to a work schedule 
  • Inability to perform required tasks for the position, even if reasonable accommodations

To comply with the FEHA, employers are required to participate in an interactive process with employees who ask for accommodations for medical conditions. This process may involve discussing the employee’s medical condition and potential accommodations that would allow them to perform their job effectively.  

An award-winning employment lawyer can conduct an investigation to discover the true reason behind your lack of promotion and fight for the compensation you deserve if you were discriminated against based on your medical condition. 

How to File a Failure to Promote Claim for a Medical Condition in California

To file a failure to promote claim for a medical condition, you must first initiate the administrative process outlined by the FEHA. The Civil Rights Department will launch an investigation to determine whether your case has merit. If they find no violation has occurred, you may be given a right-to-sue notice and can proceed with a civil lawsuit with the help of an experienced employment lawyer. 

If the agency rejects your claim, it does not mean that your case does not have merit, but may instead be based on the following reasons: 

  • Evidence presented 
  • Chances of winning the case 
  • Limited agency resources
  • Limited relevance of the case to help settle current case law
  • You refused a fair settlement offered by your employer 

After you have exhausted the administrative process, you may file a civil claim against the employer by showing the following: 

  • You are in a protected class
  • You suffered a negative employment decision
  • You were treated differently than other employees who are not members of a protected class
  • You can demonstrate a sufficient causal link between the treatment of employees and the protected class

Proving a causal relationship between the treatment of employees and the protected class can be challenging without the help of an employment lawyer. We can help you obtain evidence, such as patterns of discriminatory conduct, records of comments made by your employer or employees, or documents and other evidence establishing discriminatory intent towards the protected class. 

Seek Legal Guidance From the Leading Employment Lawyers at Blackstone Law 

An employer in California cannot legally pass up an employee for a promotion based on a medical condition. If you suffered due to your employer’s discriminatory conduct, speak with the leading employment lawyers at Blackstone Law for an assessment of your case. We will fight for the justice you deserve and ensure your legal rights are protected throughout the claims process. 

Request a complimentary consultation with one of our experienced employment lawyers by calling (310) 956-4054 or filling out our contact form today.