Medical-Related Job Discrimination

If you think you have been discriminated against at work because of a your illness or a disability, consider filing a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC).

The charge must be filed within 180 days from the day the discrimination took place.

The goal is that you would return to the same position you would have been in if the discrimination had never occurred. This can include being reinstated, promoted, given back pay, having your legal fees paid, and providing other reasonable accommodation. The EEOC may contact both the employee and employer to see if mediation is an option.

The EEOC will investigate:

    • If they find a violation, they try to reach a voluntary settlement with the employer, or they may refer the case to their legal staff to explore options.
    • If they find no violation of law, you may be given a Notice of Right to Sue letter, which gives you the right to file a lawsuit.

For more information you can contact the EEOC at 1-800-669-4000 or

The Genetic Information Nondiscrimination Act (GINA) provides federal protection from genetic discrimination in both health insurance and employment.

The law was enacted so that patients would be able to participate in the research and development of new tests and therapies that could potentially lead to a cure of previously untreatable conditions.

The law also prohibits insurance companies from requiring individuals or their family members undergo genetic testing as a requirement for obtaining insurance.

GINA does not apply to employers with fewer than 15 employees. GINA’s protections in employment do not extend to the U.S. military.

More Expert Articles From PAF