Can an Individual Be Denied a Job Because of a Medical Condition?

The California Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against current or potential employees based on medical condition, mental disabilities, or physical disabilities. 

By Brad Nakase, Attorney

Email  |  Call (888) 600-8654

Get Smarter: Search my blogs

Can an Individual Be Denied a Job Because of a Medical Condition?

Under California law, an employer is not allowed to refuse to accept a job candidate based on any medical conditions. This would qualify as employment discrimination on the grounds of a medical condition, which is unlawful according to federal law and California state law.

Related to this, the California Fair Employment and Housing Act makes it unlawful for an employer to discriminate against a job applicant on the grounds of a medical condition.

The Americans with Disabilities Act (ADA) also protects job candidates and employees from discrimination based on medical needs, mental disabilities, and physical disabilities. The ADA and other anti-discrimination laws offer protection to qualifying individuals. Such an individual may do the necessary parts of their job with or without accommodations for their condition.

The ADA, as well as California laws, offer protection to employees who have medical conditions so that they do not face discrimination at their place of work. For instance, it is unlawful for a company to mistreat an employee due to their record of medical issues.

According to the FEHA, it is unlawful for a company to discriminate against an employee or job applicant over a medical issue. The unlawful conduct includes the following:

  • Refusing to employ or hire an individual based on a medical condition
  • Firing an individual based on a medical condition
  • Selecting a person for a training program based on a medical condition
  • Offering different pay or terms based on a medical condition
  • Providing different privileges of employment based on a medical condition

The law requires that employers judge applicants for a job without considering their real or perceived medical problems. Employers must provide reasonable accommodations to applicants and employees who request them. If the accommodation request causes unnecessary difficulties for the employer, then an exception may be made. Undue hardships may be described as anything ranging from significant expense or difficulty. You should contact a San Diego employment attorney if you experienced discrimination based on your medical condition.

Discrimination based on a medical condition is unacceptable in every part of employment. Discriminatory behavior includes any of the following:

  • Refusing to provide reasonable accommodations
  • Refusing to participate in an efficient, positive interactive process with employees who request accommodation
  • Refusing to select for a training program
  • Refusing to hire
  • Demotion
  • Deduction from pay
  • Denial of benefits
  • Harassment
  • Denial of a promotion
  • Denial of a reinstatement
  • Assigning different duties
  • Forcing an employee to quit

Employers that are sued by their employees should contact a employment attorney representing employers accused of discrimination.

What Does Perceived Medical Condition Mean?

The laws that protect against medical condition discrimination are also relevant for perceived medical conditions and disabilities. This is when a person with a certain medical condition may not exhibit any impairment, limiting or otherwise. If an employer is incorrect about the employee’s actual situation, they still do not have a defense against discrimination.

For example, let’s say an employer does not give a job to an applicant because they perceive the candidate to have AIDS or HIV. The employer later discovers that the information is inaccurate and the employee did not, in fact, have any medical conditions. This could result in a lawsuit for unlawful discrimination.

What Medical Conditions are Legally Protected from Discrimination?

According to the California Fair Employment and Housing Act, a medical condition is defined as:

  1. A health impairment related to a cancer diagnosis or a history of cancer
  2. Genetic characteristics
    • A scientific or medically known chromosome or gene combination that causes a disorder or disease in an individual
    • Inherited characteristics may come from a family member who had a history of a disorder or disease

Genetic conditions can predict the likelihood of cancer, heart disease, or another severe diagnosis. An employer might discriminate against an employee because they worry the individual will ask for more time off or will leave the job in the future.

What Are Example of Cognitive Disabilities?

Cognitive disabilities include chronic illnesses or medical conditions such as the following:

  • Clinical depression
  • Schizophrenia
  • Bipolar disorder
  • Anxiety disorder
  • Obsessive-compulsive disorder
  • Intellectual disabilities
  • Dementia
  • Learning disabilities

What Are Examples of Physical Disabilities?

Physical disabilities protected by anti-discrimination laws include the following:

  • Cosmetic disfigurement
  • Physiological diseases, conditions, and disorders
  • Anatomical loss

What Are Examples of Permanent and Temporary Medical Conditions?

Permanent and temporary disabilities protected by anti-discrimination laws include the following:

  • Impaired hearing
  • Impaired eyesight
  • Chronic diseases
  • Hepatitis
  • Impaired speech
  • HIV/AIDS
  • Cancer
  • Diabetes
  • Pregnancy and childbirth
  • Limb loss

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment Law

Most recent blogs:

Tax on Overtime What You Need to Know

Tax on Overtime: What You Need to Know

Overtime pay is taxed the same as regular wages, but additional income may shift employees into higher tax brackets. This article explains how overtime impacts payroll taxes, exemptions, and how extra earnings affect total tax liability.
When Is a Doctor's Note Required for Work

When Is a Doctor’s Note Required for Work?

Employers can request a doctor’s note for extended absences or workplace accommodations but must follow privacy laws and legal restrictions. Employees have rights protecting their medical information, ensuring confidentiality and preventing workplace discrimination related to health-related absences.
What Is Considered Full-Time Employment in California

What Is Considered Full-Time Employment in California?

California does not have a fixed definition of full-time employment, but federal guidelines set thresholds between 30 and 40 hours weekly. Full-time status impacts benefits, overtime eligibility, and legal protections, with employer policies differing based on industry and regulations.
Do Employers Verify Doctor's Notes in California

Do Employers Verify Doctor’s Notes in California?

California employers can verify certain details of a doctor's note but cannot access medical records without consent. Employees have rights under HIPAA, FMLA, and state laws, protecting medical privacy and ensuring job security in specific situations.
How do you properly fire an employee in California

How Do You Properly Fire an Employee in California?

California employers must follow strict legal guidelines when terminating employees to avoid wrongful termination claims and compliance issues. Proper documentation, adherence to state laws, and clear communication help mitigate risks and maintain workplace integrity.
How is overtime calculated in California

How Is Overtime Calculated in California?

California mandates overtime pay at 1.5 times the regular rate for work exceeding eight hours per day or forty per week. Employers must calculate overtime correctly, considering bonuses, multiple pay rates, and employee classifications under state labor laws.
What are common grounds for termination

What Are Common Grounds for Termination?

Termination decisions require careful consideration. This article outlines 25 legitimate reasons for dismissal, addressing ethical, legal, and performance-based concerns while emphasizing workplace integrity and compliance.
Can an employer require a doctor's note for just one day of work

Can an Employer Require a Doctor’s Note for Just One Day of Work?

An employer can request a doctor's note for a single sick day, but policies must comply with labor laws and employee privacy rights. Companies should clearly outline documentation requirements in handbooks, ensuring consistency while avoiding unnecessary medical inquiries.
When should an employer consult an attorney

When Should an Employer Consult an Attorney?

An employment attorney helps businesses comply with labor laws, draft contracts, and resolve workplace disputes. Employers should consult one when facing legal claims, employee conflicts, or compliance concerns.

Contact our attorney.

Please tell us your story:

2 + 2 = ?

See all blogs: Business | Corporate | Employment Law