Do Employees Have the Legal Right to Secretly Record Harassment and Discrimination at Work?
California offers employees certain protections when it comes to discrimination in the workplace. For example, employers cannot discriminate against employees based on numerous protected classes, including a person’s medical condition.
A Person’s Medical Condition is a Protected Class in California
A protected class refers to a group of individuals that based on certain characteristics or traits are protected by law against discrimination. Such characteristics include race, color, religion, national origin, sex, age, or disability. In fact, a person’s medical condition can be a protected class as well. A medical condition is any illness, injury, disease, or disorder that can affect an individual’s physical or mental health. Medical Leave conditions are broad in their severity and can range from minor and temporary health issues to chronic health problems. HIV/AIDS is considered a medical condition under California law.
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If an employee is being treated differently from others in their workplace, they may be facing discrimination due to their medical condition. In such cases, to support employees in their job or workplace, employers are required to provide reasonable accommodations to help an applicant or employee with a medical condition to fully participate in the application process, to performing essential job functions. A reasonable accommodation involves making changes or adjustments in a job or workplace. These accommodations ensure that employees with medical conditions have the same benefits and privileges as their colleagues.
FEHA v. ADA
The Fair Employment and Housing Act (FEHA) is a civil rights law enacted in California which prohibits employment discrimination and harassment based on a person’s medical condition. The FEHA defines a medical condition as any health impairment associated with cancer or genetic traits that may increase the persons chance of developing a disorder or disease.
The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against individuals with disabilities in employment, education, transportation, and access to public services and accommodations. Like the FEHA, ADA aims to ensure equal rights and opportunities for people with disabilities and certain medical conditions.
For example, if an employer refuses to hire someone, they believe has a history of HIV or AIDS, the employer’s actions constitute a violation of anti-discrimination laws. In Bragdon v. Abbott, the United States Supreme Court ruled that individuals infected with HIV, even if they were asymptomatic, are significantly impaired in a major life activity. Therefore, the Court acknowledged that because HIV affects many major life activities, HIV is a pervasive nature and since the FEHA includes protection for people with diseases affecting immunological systems, individuals with AIDS or who are HIV positive are a protected class under the FEHA due to their medical condition.
Ricardo Lopez Law Can Help You!
The attorneys at Ricardo Lopez Law can help you navigate the legal system and determine whether you have a claim against your previous employer for discrimination against on the basis of your medical condition. We have substantial experience helping clients obtain justice for wrongful termination. From Los Angeles County to San Diego County, Ricardo Lopez Law will fight for your rights.