WHAT IS AN ULCER?
An ulcer is an open sore of the eyes, the skin, or internal tissues, which is often caused, by an initial abrasion and generally exacerbated by inflammation, infection, or medical conditions. Previously, ulcers were believed to be caused by stress, but now they are commonly thought to merely be intensified by stress. Common causes are now believed to be bacterial or viral infections, cancer, diabetes, and hypertension.
Ulcers result in loss of integrity in the area, a generalized weakening of the patient, and infection of the site. Ulcers are frequently located in the stomach, mouth, or bladder.
WAYS IN WHICH YOU MIGHT BE DISCRIMINATED AGAINST BECAUSE OF AN ULCER
- 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
HOW THE LAW PROTECTS YOU IF YOU HAVE AN ULCER
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 discrimination on the basis of disability. An ulcer can render an individual disabled, deserving of protection from discrimination. Accordingly, an employer may not take any adverse action against an employee because of the employee's ulcer. The employer also has an obligation to provide reasonable accommodation to an employee with an ulcer 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, if the individual needs to attend a doctor's appointment in order to treat the ulcer, the employer has an obligation to accommodate the employee accordingly, unless doing so would unduly burden the employer.
- For Legal Help see Finding an Attorney and David H. Greenberg, California Employment Law Attorney.