Can an employer fire an employee for a disability discovered after hiring?

Employment

Liz

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I'm sorry to hear about your situation. It sounds really challenging, and I'm here to help you navigate through it.

Understand Your Rights. Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees with disabilities. This includes making employment decisions based on disability or failing to provide reasonable accommodations. It's important to know that your employer cannot legally fire you solely because of your disability. This protection is set out specifically in (42 U.S.C. § 12112), which prohibits disability-based discrimination in hiring, firing, and other terms of employment, and the EEOC's implementing regulations explain how the reasonable accommodation process is supposed to work.
Document Everything. Keep a detailed record of all interactions with your boss and HR regarding your disability and any accommodations. This includes emails, meeting notes, and any statements made by your boss about your condition. Documentation will be crucial if you need to take further action.
Engage with HR. Since HR is already involved, continue to work with them to ensure the accommodation process is moving forward. Make sure to communicate your willingness to perform your job duties with the necessary accommodations.
Seek Legal Advice. If your employer continues to discriminate against you or if the situation doesn't improve, consider consulting with an employment lawyer who specializes in disability discrimination. They can provide specific advice based on your situation and help you understand your legal options.
File a Complaint. If necessary, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). They handle cases of workplace discrimination and can investigate your claims.

Please let me know if you have further questions.

Full Conversation

I believe my boss wants to fire me because of a disability.

Lexi, Chatbot

I'm sorry to hear that you're feeling this way about your job situation. Can you tell me more about the disability and how it may have affected your work?

I have POTS, anxiety and ADHD. He told me that if he had know about my condition he wouldn't have hired me and that he wants to ask all future applicants if they have a disability. He is uninterested in participating in the accommodation process and is now saying that I can't do my job because i am always saying I'm feeling unwell. This is not true as I have had no trouble making sure my work gets done.

Lexi, Chatbot

Have you had any discussions with your boss or HR regarding your disability and your job performance?

Yes, HR is aware of the situation and trying to start the accommodation process going. They said that he is now making claims about me slacking off during work hours which is bot true.

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your disability discrimination.

No.

Liz

Hi there! Welcome. My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. So I can best help, how many employees does your work have?

Liz

I'm sorry to hear about your situation. It sounds really challenging, and I'm here to help you navigate through it.

Understand Your Rights. Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees with disabilities. This includes making employment decisions based on disability or failing to provide reasonable accommodations. It's important to know that your employer cannot legally fire you solely because of your disability. This protection is set out specifically in (42 U.S.C. § 12112), which prohibits disability-based discrimination in hiring, firing, and other terms of employment, and the EEOC's implementing regulations explain how the reasonable accommodation process is supposed to work.
Document Everything. Keep a detailed record of all interactions with your boss and HR regarding your disability and any accommodations. This includes emails, meeting notes, and any statements made by your boss about your condition. Documentation will be crucial if you need to take further action.
Engage with HR. Since HR is already involved, continue to work with them to ensure the accommodation process is moving forward. Make sure to communicate your willingness to perform your job duties with the necessary accommodations.
Seek Legal Advice. If your employer continues to discriminate against you or if the situation doesn't improve, consider consulting with an employment lawyer who specializes in disability discrimination. They can provide specific advice based on your situation and help you understand your legal options.
File a Complaint. If necessary, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). They handle cases of workplace discrimination and can investigate your claims.

Please let me know if you have further questions.

Liz

46,034 satisfied customers

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