
Discriminating against an individual based on his or her physical or medical condition is illegal in California.
Disability based on medical condition is not allowed if you have been diagnosed with with cancer and have been completely rehabilitated or cured based on a competent doctor's opinion.
Disability based on medical condition is also not allowed if you have an identifiable gene or chromosome, or an inherited characteristic, known to cause or increase the statistical risk of a particular disease or disorder that presently does not have symptoms. This would be like being HIV positive and not having AIDs but being discriminated against for a position.
To determine whether you are protected against discrimination from your employer, there are three other things to consider:
1. Whether you are considered an employee who is covered under the law.
2. Whether your employer is subject to the anti-discrimination laws.
3. Whether your employer's conduct is considered discriminatory under the law.
4. What reason your employer discriminates against you.
If you feel you may be unlawfully discriminated against, contact us so we may review your situation with you.