WHAT IS AN EMBOLISM?
In medicine, an embolism occurs when an object migrates from one part of the body and causes a blockage of a blood vessel in another body part. Blood clots are the most common embolic material, and they often have more serious consequences when they occur in the brain, heart, and lungs.
An embolus in the brain likely will likely cause a stroke, and an embolism starting in the heart can cause an emboli in any part of the body. A pulmonary embolism, a blood clot in the lungs, often causes part of the lung to die because it kills the lung's the ability to receive oxygen. Some people with a pulmonary embolism suffer from a shortness of breath, low blood pressure, and low oxygen concentrations. In order to be treated, an individual might need to be placed on a heart monitor, be required to wear an oxygen mask, required to be hooked up to an IV, or be required to be hooked up to a ventilator.
WAYS IN WHICH YOU MIGHT BE DISCRIMINATED AGAINST BECAUSE OF AN EMBOLISM
- Your employer does not allow you to miss work for medical appointments
- Your employer does not accommodate your need to take a reasonable amount of time off of work
- Your employer will not provide reasonable on-site accommodations for your disability
- Your employer will not accommodate your need to leave work for medical treatments or will not allow you to be hooked up to medical machinery at work
HOW THE LAW PROTECTS YOU IF YOU HAVE AN EMBOLISM
To state a cause of action for disability discrimination, an employee must be disabled, regarded as disabled, or have a record of being disabled. The employee must then show that:
- his or her disability results in physical limitations
- that he or she can still perform the essential functions of the job (with or without reasonable accommodations)
- and that the employer took some adverse action (such as not hiring, firing, or demoting the employee) on the basis of that disability
Both the Americans with Disabilities Act and the California Fair Employment and Housing Act provide protection against disability discrimination. An embolism can render an individual disabled, deserving of protection from discrimination, assuming the embolism renders the individual limited in his or her ability to work. Accordingly, an employer may not take any adverse action against an employee because of the employee's embolism. The employer also has an obligation to provide reasonable accommodation to an employee with an embolism so as to allow the employee to perform the essential functions of the job. The law will protect an employee whose employer does not provide these necessary accommodations. For example, an employer must accommodate an employee's need to use medical machinery, unless doing so would place an undue burden on the employer or threaten the workplace safety of others.
- For Legal Help see Finding an Attorney and David H. Greenberg, California Employment Law Attorney.