Job Discrimination Due to Pre-Exsisting Health Conditions

Federal law protects workers with pre-existing health conditions.

Under federal anti-discrimination laws, employers may not discriminate against otherwise qualified workers who have pre-existing health conditions that do not impact their ability to perform their jobs. Employers that discriminate against workers may face monetary penalties.

Laws

Job discrimination due to a pre-existing health condition is prohibited under the Americans with Disabilities Act of 1990, provided that the health condition does not impair the worker's ability to perform the basic duties of the position.

Scope of Employers

The Americans with Disabilities Act of 1990 protects workers employed by government agencies and private companies that have at least 15 workers.

Practices

It is illegal to discriminate against workers with pre-existing health conditions during the process of hiring, recruiting and firing. Employers are also barred from discriminating against disabled workers when making decisions on promotions, pay raises and access to facilities.

Reasonable Accommodations

Under the law, employers must provide reasonable workplace accommodations to workers with pre-existing health conditions.

Filing a Complaint

If your employer discriminates against you based on your pre-existing health condition, you will generally have up to 300 days to file a complaint with the U.S. Equal Employment Opportunity Commission.

References

• The ADA: Your Employment Rights as an Individual With a Disability
• Americans with Disabilities Act