The American with Disabilities Act (established 1990) protects workers from being fired due to discrimination against their disability. ADA laws also outlaw discrimination against those with physical or mental disabilities in local and state government positions, transportation, telecommunications and public accommodations. Disabled individuals fired from a job may file a lawsuit arguing wrongful termination, or termination because of their disability, if they think they have evidence to prove their case.
What Kind of Employers are Covered by the Americans with Disabilities Act?
It is illegal for the following employers to engage in discrimination against disabled people:
- Local and state governments
- Private employers
- Labor organizations
- Employment agencies
- Labor management committees
In addition to firing an employee based on their disability, disability discrimination also happens when covered employers treat disabled employees negatively or less favorably than non-disabled employees. This type of discrimination usually involves employees with histories of disabilities (cancer in remission, for example) or if an employer thinks an employee has a mental or physical problem that won’t be resolved, even when the employee does not suffer from such a disability.
What is Disability Leave and How Can the ADA Protect Employees from Discrimination?
Disability leave refers to temporarily taking time off from a job for a variety of health reasons. Depending on an employer’s policies regarding sick or disability leave, employees may be paid or unpaid during their time away from work. The Family and Medical Leave Act allows certain employees suffering serious medical issues to take time off without incurring penalties. Health conditions covered by the FMLA include severe injuries, illnesses or other mental/physical impairments that prevent the employee from performing work tasks.
If an employee is fired while on disability leave, they may be able to file a lawsuit citing ADA regulations and protections. Wrongful termination is a viable, legal reason for disabled individuals to hire a disability attorney who will evaluate their case and possibly file a lawsuit against their employer. The attorneys at Fred London Law have years of experience filing claims against employers who have engaged in discriminatory actions against disabled people. Call today to schedule an appointment with a lawyer who may be able to help you fight a wrongful termination due to your disability.