Suing for medical discrimination in California can be a complex and challenging process. However, if you have been a victim of medical discrimination, you have the right to seek legal remedies to address the harm you have suffered. Under the California Fair Employment and Housing Act (FEHA), you are protected from discriminatory conduct in the workplace if you are part of a protected class.
Employers are legally obligated to provide reasonable accommodations to employees with medical conditions and disabilities. If they violate FEHA, you may recover compensatory damages, such as back and front pay. The leading employment lawyers at Blackstone Law can help you determine your best legal options and fight on your behalf if your rights have been violated.
How to Sue for Medical Discrimination
Medical condition discrimination is a violation of federal and state law. The following is a step-by-step guide to suing your employer for medical discrimination in California:
1. File a Claim With the Civil Rights Department or Request a Right-To-Sue Notice
The Equal Employment Opportunity Commission (EEOC) implements federal ADA disability discrimination laws, whereas the Civil Rights Department (CRD) handles discrimination complaints at the state level. Before filing a complaint with either agency, it is essential to work with your supervisor to resolve the issue. If there is no resolution, you may file a complaint with the CRD or request a right-to-sue notice with the help of an experienced employment lawyer.
2. Proceed With the Administrative Process or Serve the Complaint
Within 60 days of filing, an investigator will contact you to discuss the details of your case. If the representative determines the CRD will not proceed with the complaint, the matter will be dismissed, and you may proceed to sue your employer in court. If the CRD will proceed with the complaint, it will be prepared to be delivered to the employer. It may be dual-filed with the EEOC.
3. File a Lawsuit
Once you have obtained a right-to-sue letter, you may file a lawsuit against your employer for medical discrimination. You must comply with the statute of limitations, which depends on the circumstances of your claim. Generally, you have up to three years to file a complaint with the CRD and only one year to file a lawsuit after obtaining a right-to-sue notice.
During the discovery process, your lawyer can investigate your case to obtain the necessary evidence to prove medical discrimination. This may include acquiring witness testimony, documentation of discriminatory behavior, or other vital evidence.
Before proceeding to trial, an experienced employment lawyer will fight on your behalf to try and reach a favorable settlement. Generally, the CRD also requires you to go through a mediation process to settle the dispute.
6. Proceed to Trial
If mediation is unsuccessful, your case will go to trial. At trial, you and your employer will present evidence and arguments to the judge or jury, who will decide whether your employer is liable for medical discrimination.
Damages You May Be Eligible to Recover in a Successful Medical Discrimination Claim
The damages you are eligible to recover depend on the extent of the discrimination, whether you were subject to any other unlawful conduct during employment, and the harm you suffered.
The following are damages you may be awarded in a successful medical discrimination claim:
- Back and front pay with interest
- Loss of income
- Reduced pay after a demotion
- Pension benefits
- Pain and suffering
- Emotional distress
If an employer’s conduct is especially egregious or malicious, you may also be awarded punitive damages. Punitive damages are awarded to punish the wrongful behavior of the employer.
Contact the Experienced Medical Discrimination Lawyers at Blackstone Law
Suing for medical discrimination in California can be an extensive, complex process that requires the skilled guidance of an experienced employment lawyer. At Blackstone Law, we are well-versed in California discrimination laws and can help fight to recover damages for the injustice you suffered by your employer.