Updated: Dec 6, 2022
Disability, Medical, And Genetic Information Discrimination In California Workplaces
In short: no. An employer cannot force an employee or job applicant to disclose their medical condition with few exceptions.
Many employees and job seekers fear that a disability or chronic illness will bar them from finding good jobs. Unfortunately, some employers will reject or fire an otherwise qualified applicant or employee after discovering their medical condition.
That said, you should know that California discrimination laws have comprehensive coverage of protections against discrimination, retaliation, and wrongful termination for workers who are disabled, have chronic illnesses, or have certain genetic conditions.
Here's what our prescreened California disability discrimination attorneys have to say:
Can An Employer Ask What Your Medical Condition Is?
There are particular situational examples for such, including but not limited to:
Employers generally cannot ask about your medical condition unless they need documentation for requested accommodations. When you request reasonable accommodation for your disability, employers might need documents to help them decide which accommodations they will provide you.
They can also ask for medical records should you file for CFRA due to a serious health condition. This should also show when the condition began, how serious it is, and why you might need to take time off work.
In some rare cases, some jobs heavily require a certain fitness level. For example, the FAA requires a 20/20 vision with or without corrections. In addition, while many pilots wear glasses, some conditions might not be corrected with lenses.
If you've experienced discrimination because of your disability status, you should consult a California disability discrimination lawyer ASAP. An experienced, prescreened disability discrimination attorney in California knows their way around the law, can assess your case, and assist you in filing claims.
Can An Employer Ask Why You Are Sick In California?
Usually, when you go on a sick day in California, you'll have to inform your employer that you're currently ill and unable to go to work. However, in general, employers can ask about the details of why you're sick and can ask for a doctor's certificate.
That said, if you say that your reason for sick leave is ADA-protected, then your boss doesn't need to know more. You can also request that your medical certificate not be overly detailed about your specific diagnosis.
If you're unsure whether your case qualifies under employment law protections, consult a workplace disability attorney in California about your claim. They can examine the details and assess whether you should sue your employer for unfair or illegal workplace treatment.
What If I'm Fired Because Of My Disability Or Medical Conditions In California?
Disability or disability status is considered a protected attribute under California employment law. This means your employer cannot fire you based on your disability status. If your employer violates this law, they can be sued for wrongful termination in California.
Your employer also cannot do any of the following adverse employment actions:
Incite or tolerate harassment because of your disability
Refuse accommodations for your disability, chronic illness, or present conditions
Fire or retaliate against you for filing a leave of absence due to your medical condition
Retaliate against you for filing claims against them
If you've experienced any of the above, you should consider filing claims to protect your rights and receive compensation for financial and emotional losses.
You should consult a California workplace disability claim lawyer to help you gather paperwork, compile evidence, submit documents, and meet deadlines. In addition, your California disability discrimination attorney will also represent you in settlement negotiations or court if needed.
Find A Prescreened California Disability Discrimination Attorney
1000Attorneys.com is an established online Lawyer Referral Service that refers you to a workplace disability attorney in California. You may contact us through our 24/7 live chat (or complete our case details submission form) for a free initial consultation.