You should not be fired because of a disability

On Behalf of | Feb 23, 2022 | Employment law

If you have a temporary or permanent disability that makes you unable to do your job as required, your employer cannot dismiss you based on your condition. Instead, they are required to make changes at the workplace that will accommodate your situation to continue working efficiently.

Under the Americans with Disabilities Act (ADA), employers are legally obligated to reasonably accommodate their employees’ disabilities or inability to work under current conditions. It is against the law to discriminate against anyone based on their unique characteristics.

What constitutes reasonable accommodation?

Your employer should ideally adjust some things at the workplace. They include;

  •     Change of tasks where you could be assigned lighter duties
  •     Improving accessibility to a work area
  •     Allowing a flexible work schedule
  •     Use of technology to assist the affected employees, among others

However, if your employer will have to undergo undue hardship when accommodating you, they may be legally excused. For example, this may happen when the accommodation in question is costly or will abnormally disrupt operations at the workplace.

Protect your legal rights

If you have a disability that affects how you carry out your duties, you need to make your employer aware. Additionally, you need to provide viable solutions to how your situation can be improved to ensure your disability does not affect how you perform your job. Your employer is supposed to respond and, if possible, provide the accommodation needed.

If you were let go because you could not discharge your duties for one reason or the other, you need to protect your legal rights. It may seem at first like a valid reason, but you may have been wrongfully terminated. If your employer made no effort to accommodate you, then you may take action against them and get the justice you deserve.