Can we replace workers without cause for not meeting our company mission?
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Can we replace workers without cause for not meeting our company mission?
We are a company who’s mission is to hire people with disabilities.
Often times, we cannot find a person with a disability to hire and
thus hire someone who is not disabled. Can we replace the worker
without a disability with one who does have a disability? Even is the
first worker has done nothing wrong and is fulfilling all the duties?
Asked on February 24, 2016 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, you can't terminate a non-disabled worker in favor of a disabled one, even though most would agree that you are indeed trying to do a good thing while remaining true to your mission. The law prohibits employment discrimination on the basis of disability, which includes discriminating in employment in favor of the disabled (the same way it is employment racial discrimination to fire a white worker to give a job to a member of a disadvantaged minority group).
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