Can an Employer Fire You for Having a Disability?
Can Your Employer Fire You if You Have a
Disability?
People living with disabilities deserve to know it’s their right to obtain jobs. You can work disabled, but all too often, people who live with disabilities assume their mental or physical impairment will prevent them from being hired or that their disability will somehow inconvenience their employer. Many people even assume their disability will cause them to be fired from a job they already have obtained. If you’re a person who lives with a disability and has at one time or another shared one of these false assumptions, please consider the following truths.
According to federal legislation, the Americans with Disabilities Act (ADA)
prohibits all employers from discriminating against individuals with
disabilities. This statute extends to all employment-related activities,
including hiring, training, and firing. The ADA gives people who live with
disabilities the same right to pay, promotions, and benefits as everyone
else.
Perhaps you were hired as a non-disabled person but have since become either
mentally or physically impaired in some way. In this case, your employer still
doesn’t have the right to terminate you, seeing that you’re able to perform the
essential functions of your job. Your employer is required by law to find a
"reasonable accommodation" for your disability, one that assists you
in completing or performing your job functions. The ADA states that both you
and your employer are responsible for engaging in the “interactive process,” or
an exchange of dialogue, that is intended to match your work-related needs with
effective solutions.
As a person living with a disability, it’s your responsibility to communicate
your needs to your employer. You’re responsible for asking your employer for a
reasonable accommodation, either personally or through the assistance of
another person. If you don’t, your employer cannot be held liable for not
providing you with an accommodation. It’s against the law for your employer to
fire you if you require a reasonable accommodation to perform your essential
job functions.
In certain instances, a person's disability requires having access to special
environments or modified work spaces. Your employer cannot fire you for needing
or requesting these accommodations. All company-wide services, programs, and
non-work spaces must also be made accessible to employees with disabilities.
For example, if your employer provides transportation services to non-disabled
employees, those same transportation services must be made accessible to you as
well. Whichever change your employer has to undergo, or whatever minor
investment your employer has to incur to make the workplace more accessible to
you, know that those things are trivial when compared to the perspective and
expertise your skill set is bringing to their place of business.
If you’re an individual living with a disability who is seeking employment, search the job boards provided by disABLEDperson, Inc. You’ll find a wide array of available jobs for disabled men and women. To learn more about the services we provide, or if you have any additional questions, please give us a call at 760-420-1269 to speak with one of our friendly representatives.