Disability Discrimination

You’ve just been fired, and you’re lucky enough to have the reason why explained to you (hopefully in writing). So, can you sue if your employer lied about the reason for termination? Well, it depends on the “true reason” for your termination, not the reason given by your employer. An employee can be fired for a good reason, a bad reason, reason based on false facts, or for no reason at all. The question is whether it was for a non-discriminatory reason. Reasons like favoritism, mistake, or disdain are irrelevant and may be lawful. Unlawful Termination First, it is unlawful to terminate someone because of their race, national origin, age, sex, religion, or disabilty. This is what we call the protected classes. It is also unlawful to reduce pay or transfer employee to an undesirable location because of membership in…Read More

Under the ADA an employer must provide “reasonable” accommodations for workers with known disabilities unless such accommodations would result in undue hardship to the employer. An accommodation is reasonable, and thus required under the ADA, only if it allows the worker to perform the essential functions of the job. Elements of ADA Accommodation Claim To win a disability accommodation claim under the ADA a worker must prove the following facts: Worker is disabled; Worker is qualified; Employer knew of worker’s disability; Worker requested an accommodation; Reasonable accommodation existed that would have allowed worker to perform the essential functions of job; Employer failed to provide a reasonable accommodation. What Is Considered a “Disability” “Disability” is a physical or mental impairment that substantially limits one (1) or more major life activities. A physical impairment is a condition…Read More