I was fired/terminated due to my disability. Can they do that?
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I was fired/terminated due to my disability. Can they do that?
They said they could not accommodate me with ADA
because they had no positions I could do. I ask them to
extend my leave of absence under ada. They said they
could not do that. In the termination papers it shows where
they did apply ADA to cover the time I was off instead of
leave of absence which they would not approve. This shows
me they could have accommodated me with ADA for a
extended leave of absence. That was all I ask for.
Asked on October 25, 2016 under Employment Labor Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The issue is whether, with your disability, you could have done your job, possibly with a "reasonable accommodation," or not. Under the ADA and similar state laws, an employer must make reasonable accommodations to let a disabled employee work. A reasonable accommodation is a change in policy or provision of an assisstive device which is not too expensive or disruptive and which lets you do your job, like voice recognition sorftware for the hearing impaired, short snack times for.diabetics or bathroom breaks for those with IBS, a stool for a cashier who has leg problems so she does not havea to stand, etc. But the employee must be able to the job with such a reasonable accommodation. If the employee simply cannot do the job (examples: someone who can't lift more than ten pounds can't work in a warehouse for items heavier than that; someone with seizures can't be a commercial driver or operate heavy equipment), then the employer may terminate them. The law does not make employers keep employees who can't do their jobs.
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