Owners of Delta Valley Convalescent Hospital in Stockton, CA were accused of discriminating against Karen Smith, an employee who was diagnosed with Aortoliliac Occlusive Disease and Femoral Artery Disease, which affect multiple parts of her body system.

When Smith talked to her employer about her diagnoses, her request for medical leave for surgery was denied and her employment was terminated. As part of the settlement, the hospital will pay $65,000 and the owners agreed to attend an annual training program emphasizing disability discrimination. Employers also agreed to display the Department of Fair Employment and Housing (DFEH) poster. The poster advises employees about their employment rights. Owners did not admit liability.

According to the DFEH, disability discrimination is prohibited by CA law. An employer may only discriminate against a person based on their disability if the employer can show that: (1) The person is unable to do the essential functions of the job, and that no reasonable accommodations exist that would enable the person to perform the essential functions of the position, or (2) The person would create an immediate danger to him/herself or others by performing the job, and that no reasonable accommodation would reduce that danger.

The DFEH also notes that an employer may not discriminate against an individual based on their disability because accommodating such individual would cause their insurance rates to increase. Also, the employer may not discriminate based on disability because there may be a potential future harm to the employee or other persons.

If you are a CA resident and you believe that you have been a victim of discrimination based on your medical disability, call Law Offices of David H. Greenberg, LLP at (1-888-204-1014) for a free consultation or visit us at www.discriminationattorney.com. We can help you protect your employment rights.