Understanding Wrongful Termination Due to a Disability

Employment is a valuable component of societal and economic participation — and all people with disabilities deserve equal opportunities in the workforce. Once you have secured a job, you have certain protections through the Americans with Disabilities Act (ADA) and other federal laws. Read on to learn more about disability rights and resources, employee expectations and signs of wrongful termination due to a disability. 

Disability Defined 

It is extremely hard to put disability into concise, concrete terms. However, the ADA defines disability under three main conditions to cover as many people as possible. 

Any person with the following conditions would earn protections under this law: 

• Has a physical or mental condition that substantially limits a major life activity. Common conditions include having difficulties walking, talking, seeing, hearing, learning or operating a major bodily function such as respiratory function. 

• Has a history of a disability. Generally, this would mean that the person’s disability has been documented by medical professionals. 

• Is subject to an adverse employment action because of a physical or mental impairment the individual actually has or is perceived to have. The only exception is if the person’s disability is transitory, meaning it lasts or is expected to last six months or less, and minor. 

Employee Expectations

Disability rights and resources are important in the workplace. Notably, people with disabilities should be able to request reasonable accommodations for their work. The employer must make an effort to change the way things are usually done to make the position accessible for all — unless it would cause undue hardship. If you are fired after asking for accommodations, you may have experienced wrongful termination due to a disability.

Reasonable accommodations may include: 

• Job restructuring

• Modified work schedules

• Acquiring or modifying equipment

• Adjusting or modifying training material

• Providing assistive technology

For example, consider an employee who uses a wheelchair and just got an office job. They may request that their employer lower the desk to make reaching the keyboard easier. This request is reasonable, as it’s a quick fix and would help the employee complete their job tasks. 

Wrongful Termination 

Once you have secured a job, only certain conditions can justify your termination. An employer can fire you if you’re not qualified or you’re not performing the essential functions of the job. However, some people may encounter bias or misconceptions that lead to wrongful termination due to a disability.

Paraquad understands disability rights and provides resources for workers coming out of our employment programs. We usually spot discrimination through a few common examples, such as: 

• The employer outspokenly terminated you based on bias or an assumption about your disability.

• The employer ignores your request for reasonable accommodations or even fires you after you ask for an accommodation.

• The employer fires you after you reveal your disability or history of disability. 

• The employer treats you differently from employees who do not have disabilities. For example, they may deny your requests for time off related to your disability while approving other requests. 

If you lose your job and suspect discrimination, your first step would be filing a claim with the Equal Employment Opportunity Commission (EOC) shortly afterward. From there, the commission will investigate if you have grounds to hire a lawyer and pursue a lawsuit for wrongful termination due to a disability. 

Get to Work With Paraquad

Paraquad is dedicated to evening the playing field through knowledge and resources. As a disability organization based in St. Louis, we empower people with disabilities to seek new opportunities in their journey toward independence. Our teams spend time outlining disability rights and providing resources to help you thrive in the workplace. 

For more information on our employment programs, contact our employment director, Candice Zottarelle, at czottarelle@paraquad.org or (314) 289-4269.