The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with mental or physical disabilities. Often, disability-related employment discrimination claims arise when an applicant is not hired after disclosing a disability. However, an employer is also obligated to provide reasonable accommodations to an employee who becomes disabled while he or she is employed with the company, or discloses a disability in the course of employment. If an employee is fired after becoming disabled or disclosing a disability, this may constitute wrongful termination. Termination of an employee based on membership in a protected class is, with limited exceptions, illegal.
Terminating an employee due to disability is generally illegal if the company has 15 or more employees. For disabled employees at companies with fewer than 15 people, state laws may offer some protection against termination.
Restrictions on Termination of a Disabled Employee
Of course, any employee with a poor job performance can be fired. However, it is unlawful to discriminate against or terminate an employee based on a disability. Even if there are other factors involved, termination may violate the law if a non-disabled employee with a similar work history or job performance would not have been fired. It’s also illegal to make any employment decisions such as pay, benefits, or promotions based on an employee’s disability.
Some situations that may give rise to a claim for discrimination on the basis of disability include:
- Being terminated in response to a request for reasonable accommodations
- Being fired after revealing a disability
- Being discriminated against in the job assignment process based on stereotypes or assumptions about limitations
- Being denied reasonable accommodations
- Being subjected to offensive or derogatory remarks about your disability
If You’ve Been Terminated Due to Disability, Help is Available
If you have been fired or treated unfairly due to your disability, you have options. Speak to an attorney with a track record of success in employment discrimination matters. The attorneys at Yarian and Associates have the knowledge and experience to help you with your employment law matter. We have helped many disabled employees who have been treated unfairly get the compensation they deserve. Call our office today to set up an appointment for a free consultation with one of our experienced employment law attorneys.