Jonah Patel
Harassment due to a medical condition is a form of discrimination that occurs when an employer or other covered entity treats an employee or job applicant unfavourably because of a medical condition. This can include offensive remarks, intimidation, or any unwelcome conduct that creates a hostile work environment. The Americans with Disabilities Act Amendments Act (ADAAA) prohibits employers with 15 or more employees from making unfair employment decisions based on a person's disabilities, and employers must take all reasonable steps to prevent harassment. Harassment can come from supervisors, coworkers, or even clients or customers, and it is important for employees to know their rights and speak out against any form of discriminatory behaviour.
| Characteristics | Values |
|---|---|
| Type of harasser | The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. |
| Type of conduct | Unwelcome conduct, verbal or physical, including intimidation, ridicule, insult, comments, or physical conduct. |
| Reason for harassment | Based on an individual's protected status or protected activities, such as race, colour, religion, sex, sexual orientation, national origin, age, disability, family medical history, status as a parent, marital status, or political affiliation. |
| Severity of harassment | Severe or pervasive enough to alter the conditions of the victim's employment and create an abusive working environment. |
| Actionability | Harassment is actionable as "discrimination" if it is "so severe or pervasive as to alter the conditions of [the victim's] employment and create an abusive working environment." |
| Prevention | Employers must take "all reasonable steps to prevent harassment from occurring." |
| Liability | The employer will be liable for harassment by non-supervisory employees or non-employees over whom they have control, if they knew or should have known about the harassment and failed to take prompt and appropriate corrective action. |
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What You'll Learn
Harassment due to a disability or medical condition
Harassment can come from a supervisor, a co-worker, or even a non-employee, such as a client or customer. It can take many forms, including offensive remarks, jokes, slurs, name-calling, physical assaults or threats, intimidation, ridicule, insults, or interference with work performance. Harassment becomes unlawful when it is so frequent or severe that it creates a hostile or offensive work environment, or when it results in an adverse employment decision, such as termination or failure to promote.
In the United States, several federal and state laws protect individuals from medical condition discrimination and harassment in the workplace. The Americans with Disabilities Act Amendments Act (ADAAA) prohibits employers with 15 or more employees from making unfair employment decisions based on a person's disabilities. The California Fair Employment and Housing Act (FEHA) also aims to protect Californians from discrimination and harassment in the workplace due to their medical condition or disability, ensuring equal opportunities for all.
Employers are responsible for taking all reasonable steps to prevent harassment from occurring and creating an environment where employees feel comfortable speaking up and are confident that their concerns will be addressed. They should clearly communicate that unwelcome harassing conduct will not be tolerated and provide anti-harassment training to their employees. Additionally, employers must keep all medical information confidential and separate from other employee files.
If you believe you are experiencing harassment due to a disability or medical condition, you can seek legal assistance from employment lawyers or file a charge with the Equal Employment Opportunity Commission (EEOC). It is important to gather evidence and information to support your case and be mindful of any time limits for filing a complaint.
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Offensive remarks about a person's medical condition
Harassment due to a medical condition is prohibited by law. This includes offensive remarks about a person's medical condition, which can create a hostile work environment and cause adverse employment decisions.
In the United States, the California Fair Employment and Housing Act (FEHA) protects Californian workers from harassment in the workplace due to their medical condition, physical or mental disability, or other protected characteristics such as race or sex. FEHA ensures that all Californians have equal opportunities in employment, regardless of their medical history. Similarly, the Americans with Disabilities Act (ADA) and the Rehabilitation Act protect employees and applicants from discrimination due to their disabilities.
Harassment can come from various sources, including supervisors, co-workers, clients, or customers. It can take the form of offensive jokes, slurs, name-calling, intimidation, ridicule, insults, physical conduct, or interference with work performance. For example, an employer sharing stories about employees with a medical condition, such as cancer, and suggesting that the worker should quit their job and apply for disability benefits could be considered harassment.
To prevent harassment, employers should take all reasonable steps and establish effective complaint processes. They should also provide anti-harassment training and promptly address any reported incidents. If harassment occurs, employees are encouraged to inform the harasser that the conduct is unwelcome and must stop, and to report it to management.
It is important to note that harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment or when it is severe or pervasive enough to create an intimidating, hostile, or abusive work environment.
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Discrimination based on medical history
In the United States, federal laws such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) protect employees from discrimination based on their medical condition. The FMLA entitles employees to take medical leave under specific circumstances, while the ADA prohibits employers from discriminating based on disabilities, defined as mental or physical impairments that significantly restrict major life functions. The Genetic Information Nondiscrimination Act (GINA) also prohibits employers with 15 or more employees from discriminating based on genetic information and restricts how employers can obtain and disclose such information.
State laws, such as California's Fair Employment and Housing Act (FEHA), also offer protections. FEHA ensures that Californians are not denied job opportunities due to assumptions about their medical history. It prohibits harassment or discrimination by employers or any other person based on an individual's medical condition, physical disability, or mental disability.
In the healthcare industry, discrimination based on medical history can have serious consequences. Structural racism and algorithmic biases have led to disparities in healthcare access and outcomes for marginalized communities. For example, race-adjusted algorithms in renal function assessment have resulted in delays in diagnosing renal disease and reduced access to transplantation for Black individuals.
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Unfair employment decisions based on a person's medical condition
The Americans with Disabilities Act (ADA) makes it unlawful for employers to discriminate based on disability, defined as a mental or physical impairment significantly restricting a major life function. The ADA Amendments Act (ADAAA) prohibits employers with 15 or more employees from making unfair employment decisions based on disabilities. Similarly, the California Fair Employment and Housing Act (FEHA) aims to ensure equal opportunities for Californians, regardless of medical history. FEHA defines physical, mental, and actual disabilities broadly, covering situations where an employer perceives an employee has a disability.
The Genetic Information Nondiscrimination Act (GINA) prohibits employers with 15 or more employees from using family medical history or genetic information to make adverse employment decisions. The Family and Medical Leave Act (FMLA) entitles employees to take up to 12 weeks of unpaid leave to manage a medical condition. The Pregnancy Discrimination Act (PDA) prohibits discrimination against women for pregnancy and related conditions, requiring employers to provide reasonable accommodations.
Harassment based on medical conditions can also lead to unfair employment decisions. Harassment includes offensive remarks, intimidation, insults, or physical conduct that adversely affect the work environment or influence employment decisions. Employers are responsible for taking steps to prevent harassment and creating a safe environment for employees to raise concerns.
If an employee experiences unfair employment decisions or harassment due to their medical condition, they can seek legal assistance to fight for their rights and justice.
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Harassment by non-supervisory employees or non-employees
Harassment due to a medical condition can come in many forms and can be perpetrated by non-supervisory employees or non-employees. This can include offensive remarks about a person's medical condition, such as a need to wear glasses, or a more serious physical disability such as Multiple Sclerosis. Harassment can also include offensive jokes, slurs, name-calling, intimidation, ridicule, insults, or interference with work performance.
Non-supervisory employees or non-employees can include co-workers, independent contractors, or customers. For example, a customer may harass an employee about their medical condition, or a co-worker may make offensive remarks about a person's disability. In these cases, the employer will be liable for the harassment if they knew, or should have known, about the harassment and failed to take prompt and appropriate corrective action.
To avoid liability, employers must take all reasonable steps to prevent harassment from occurring and create an environment in which employees feel comfortable raising concerns. This includes establishing an effective complaint or grievance process, providing anti-harassment training, and taking immediate action when an employee complains. Employers should also communicate to employees that unwelcome harassing conduct will not be tolerated and that there will be consequences for those who engage in such behaviour.
Additionally, employees who speak out about or exercise their rights related to workplace harassment are protected by law. This includes complaining to a supervisor, participating in an investigation or lawsuit, or filing a charge with the Equal Employment Opportunity Commission (EEOC). Retaliation against employees for engaging in these protected activities is unlawful and can include significant changes to job duties, working conditions, or threats of personnel actions.
It is important to note that medical condition discrimination and harassment are separate causes of action. However, harassment can be considered discrimination if it is severe or pervasive enough to alter the conditions of employment and create an abusive working environment. This determination is made on a case-by-case basis, considering the nature of the conduct and the context in which it occurred.
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Frequently asked questions
Medical condition harassment occurs when an employer, supervisor, manager, coworker, client, customer, or non-employee makes offensive remarks about a person's medical condition or disability, or takes negative action against an employee due to a past, present, or potential medical condition.
A medical condition can be relatively harmless, like needing to wear glasses, or physically debilitating, like Multiple Sclerosis. It can be a known ailment or part of a person's family medical history.
Examples include offensive jokes, slurs, name-calling, physical threats, intimidation, ridicule, insults, offensive objects or pictures, and interference with work performance. Harassment can also include sharing stories about other employees with the same medical condition and how it interfered with their work, advising the employee to quit their job, or demoting or firing an employee.
If you experience medical condition harassment, you should inform the harasser directly that the conduct is unwelcome and must stop. You should also report the harassment to management at an early stage to prevent escalation. You may also choose to contact a dedicated employment lawyer to fight for your workplace rights and ensure justice.
Several federal and state laws protect employees from medical condition discrimination and harassment in the workplace. The Americans with Disabilities Act (ADA) and the Rehabilitation Act forbid discrimination in any aspect of employment, including hiring, firing, pay, promotions, and layoff. The California Fair Employment and Housing Act (FEHA) also protects California workers from harassment in the workplace due to their medical condition or disability.
