Disability discrimination and unlawful termination are serious issues that affect many individuals in the workforce. When an employee is treated unfairly or fired due to a disability, it violates their rights and the protections provided by various laws. These discriminatory practices can have profound effects on a person’s livelihood, self-esteem, and overall well-being. It is essential to understand what constitutes disability discrimination and unlawful termination, the laws in place to protect employees, and the steps one can take if they find themselves a victim of such unjust actions.
Our Attorneys
Defining Disability Discrimination
Disability discrimination occurs when an employee or job applicant is treated unfavorably because of a disability. This treatment can manifest in several ways, including but not limited to hiring, firing, promotions, job assignments, training, benefits, and any other terms or conditions of employment. It also includes harassment or any form of intimidation that creates a hostile work environment for the disabled individual.
Disabilities can be physical, mental, or emotional and can affect a person’s ability to perform certain tasks or activities. The Americans with Disabilities Act (ADA) defines disability as a physical or mental impairment that substantially limits one or more major life activities. This definition encompasses a broad range of conditions, ensuring comprehensive protection for those who face discrimination due to their disabilities.
Laws Protecting Against Disability Discrimination
The ADA is the primary federal law that protects employees with disabilities from discrimination in the workplace. It applies to private employers with 15 or more employees, as well as to state and local governments. The ADA requires employers to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship to the business. Reasonable accommodations might include modifications to the work environment, adjustments to work schedules, or the provision of assistive devices.
In addition to the ADA, the Rehabilitation Act of 1973 provides similar protections for employees of the federal government and recipients of federal financial assistance. The Fair Employment and Housing Act (FEHA) in California and the New York State Human Rights Law are examples of state laws that offer additional protections against disability discrimination.
Danielle, Carie, and Perry are the best to work with! They showed so much compassion and care for my case. They kept me updated every step of the way and helped me understand the process of the case. I am very happy with my outcome of my case. Thank you again sickandfired.com lawyers.” - Janel Daniels This was such a new experience for me and I’m glad I called on the right team to do what was needed. You guys made sure to calm my nerves and make this horrible process so easy. Thanks again for going above and beyond." - Thomas Dede Thank you to Perry Smith and his team. From the beginning Perry and his team were clear about their services and laying the groundwork for the process of what I may expect. When I had any questions an email or phone call was made and my questions were immediately answered. Perry handled the case in an efficient manner and their communication let me know that I was in good professional hands. Once again, thank you." - Anonymous
Understanding Unlawful Termination
Unlawful termination — also known as wrongful termination — occurs when an employee is fired in violation of legal protections. This can include being terminated for discriminatory reasons, such as having a disability, or in retaliation for exercising legal rights, such as filing a complaint about discrimination. Unlawful termination also encompasses situations where an employee is fired in breach of an employment contract or in violation of public policy.
For employees with disabilities, unlawful termination might occur if an employer dismisses them solely because of their disability, without exploring possible accommodations or considering their ability to perform the essential functions of their job with reasonable adjustments. This type of termination is not only unethical, but also illegal under the ADA and other relevant laws.
Recognizing Signs of Disability Discrimination and Unlawful Termination
It can sometimes be challenging to identify when disability discrimination or unlawful termination has occurred, as these actions are not always overt. However, there are several signs that may indicate discriminatory practices. These include sudden changes in job assignments or duties that seem intended to disadvantage the disabled employee, unwarranted negative performance reviews, exclusion from important meetings or training sessions, and derogatory comments about the employee’s disability.
If an employee is terminated shortly after disclosing their disability or requesting accommodations, it raises a red flag that the termination may be unlawful. Additionally, if other employees without disabilities are treated more favorably in similar situations, it may suggest discriminatory practices.
How sickandfired.com lawyers can help after you've been wrongfully terminated.
What should I do if I believe I have been wrongfully terminated from my job?
Related Videos
Steps to Take If You Are a Victim
If you believe you have been subjected to disability discrimination or unlawful termination, it is crucial to take immediate action to protect your rights. Document all relevant incidents and communications, including dates, times, and details of discriminatory behavior or comments. Keeping a record of your job performance, including positive reviews and achievements, can also be helpful in supporting your case.
The next step is to file a formal complaint with your employer, usually through the human resources department. Many companies have internal procedures for addressing discrimination complaints, and this can be a necessary step before pursuing legal action. Be sure to follow your employer’s complaint process and keep copies of all correspondence.
If your complaint is not resolved to your satisfaction, you may need to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or a similar state agency. The EEOC will investigate your complaint and may offer mediation services to help resolve the issue. If the EEOC finds evidence of discrimination, they may take action against your employer or issue you a “right to sue” letter, allowing you to file a lawsuit in federal court.
Legal Remedies and Compensation
Victims of disability discrimination and unlawful termination have several legal remedies available to them. These remedies aim to restore the victim’s rights and compensate for the harm suffered. Possible remedies include reinstatement to your former position, back pay for lost wages, front pay if reinstatement is not feasible, compensatory damages for emotional distress and suffering, and punitive damages to punish the employer for egregious misconduct.
In some cases, employers may also be required to implement changes in their policies and practices to prevent future discrimination. This can include providing training for employees and management on disability rights and reasonable accommodations, as well as revising internal complaint procedures to ensure they are effective and accessible.
The Role of a Disability Discrimination Lawyer
Navigating the complexities of disability discrimination and unlawful termination claims can be challenging without legal assistance. A lawyer who focuses in employment law and disability rights can provide invaluable support and guidance throughout the process. They can help you understand your rights, gather evidence, and build a strong case to present to the EEOC or in court.
A lawyer can also represent you in negotiations with your employer or during mediation, ensuring that your interests are protected and that you receive fair compensation for any harm suffered. If your case goes to trial, having a knowledgeable lawyer by your side can significantly increase your chances of a favorable outcome.
Why Choose sickandfired.com lawyers for Your Legal Needs
At sickandfired.com lawyers, we understand the devastating impact that disability discrimination and unlawful termination can have on your life. Our dedicated team of attorneys is committed to fighting for your rights and ensuring that you receive the justice and compensation you deserve. With extensive experience in employment law and a deep understanding of disability rights, we are well-equipped to handle even the most complex cases.
We believe that everyone deserves to be treated with dignity and respect in the workplace, regardless of their disabilities. Our approach is client-focused, meaning that we prioritize your needs and work tirelessly to achieve the best possible outcome for your case. We offer personalized legal services, taking the time to understand your unique situation and tailor our strategies to meet your specific goals.
If you have been a victim of disability discrimination or unlawful termination, do not wait to seek legal assistance. The sooner you take action, the better your chances of achieving a successful resolution. Contact sickandfired.com lawyers today to schedule a consultation with one of our experienced attorneys. Let us help you navigate this challenging time and fight for your rights.