Employer Retaliation After a Medical Emergency

Medical privacy laws protect employees and job candidates from employers terminating their employment or refusing to hire them because of their medical history.  Meanwhile, the Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for employees who have received a diagnosis of a disability, which in the context of employment law means any long-term health condition that affects the employee’s ability to perform his or her job duties.  Offering and requesting disability accommodations at work is a negotiation process where the goal is to find a solution that is not excessively burdensome either to the employee or the employer.  The law prohibits employers from discriminating against employees on the basis of disability or medical history, except for example, in certain physically demanding jobs where employees must demonstrate ability to perform physically taxing work.  Good health is not something to take for granted, so if you suffer a medical emergency or other serious health issue, it is an unpleasant situation for everyone, but your legal rights still apply.  If your employer began mistreating you because your health took a turn for the worse after you started your job, contact a Los Angeles discrimination and harassment lawyer.

Law Firm Partner Alleges That Employer Took Adverse Actions Against Him After an Unexpected Illness

A lawyer from California is suing his employer for discrimination and employer retaliation after he suffered ill health shortly after beginning his employment.  The plaintiff, a Black man, was hired as a partner at a large law firm; he moved to this employer from another law firm, rather than simply being promoted within the same firm.  He began his job in November 2022 and received a full caseload.  All was well for the first few weeks, but the next month, he suffered complications from a medical procedure; in the subsequent months, he visited the emergency room several times and was sometimes absent from work.

Although the plaintiff was transparent with the employer about what was going on, the employer retaliated.  The other partners began treating him disrespectfully and making racially derogatory remarks; the law firm also withheld his pay and reassigned most of his cases to other lawyers.  In 2024, the plaintiff filed a lawsuit against the law firm, alleging racial discrimination, harassment, and retaliation.

Reducing an employee’s pay or reassigning job duties when the employer did not request this is an adverse action, and when an employee’s motivation for doing this is a protected characteristic such as the employee’s race, it is employment discrimination.

News reports do not indicate when, if ever, the employee requested a medical leave of absence, although this is also a protected activity.  Although this lawsuit did not mention them by name, two partners at the law firm were recently fired because of their discriminatory behavior toward other employees.

Speak With a Los Angeles Employment Discrimination Lawyer

A Los Angeles employment discrimination and retaliation lawyer can help you if your employer retaliated against you for requesting a medical leave of absence or disability accommodations.  Contact Litigation, P.C. in Redondo Beach, California to discuss your situation or call (424)284-2401.

Source:

news.bloomberglaw.com/business-and-practice/lewis-brisbois-hit-with-discrimination-suit-by-black-ex-partner