Were you aware that discrimination based on a ‘perceived’ disability is illegal under California and federal law? Just recently, the Equal Employment and Opportunity Commission (EEOC) announced it has settled a perceived disability discrimination lawsuit with a car dealership for $32,500. This lawsuit arose when the dealership reneged on its job offer to an applicant after a urine test revealed the applicant was taking prescription drugs. The EEOC alleged the company wrongfully perceived that the applicant would not be able to do the job despite normal test results and medical authorization.

If you are a disabled individual fighting workplace discrimination, or an individual who was denied a job based on your perceived disability, you may be able to sue. The Americans with Disabilities Act (ADA) forbids employers to make stereotypes about people suffering from disabilities. In addition, under the ADA a potential employer may not ask a job applicant to answer medical questions or to take a medical exam before extending a job offer. In addition, an employer may not ask applicants if they have a disability. However, an employer may ask job applicants whether they can perform the job and how they would perform the job, with or without a reasonable accommodation.

In most cases where employees have already started work, your employer may only ask medical questions or require a medical exam if that employer needs documentation to support an employee’s request for an accommodation. The employer may also ask for medical testing if the employer believes the employee is unable to perform the job successfully or safely due to a medical condition. If you have been a victim of perceived disability discrimination, act now. Contact the group of lawyers at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.