Were you terminated from your job due to a disability? Asking for accommodations or having a physical or mental disability is not a ground for employment dismissal. Discrimination against the disabled is illegal; enlist the help of an attorney to find out your rights. An experienced legal counsel can explain the process for filing your claim.
Disability and ADA
The government agency that regulates disability discrimination is the American with Disabilities Act (ADA). American with Disabilities Act began as public law in 1990 and eventually became a United States Code. The ADA promotes equality to persons with disabilities at work, local and state institutions and public accommodations. A disability is defined as: a physical or mental injury or impairment that limits at least one aspect of life activities; documentation of the injury or is known to have the impairment.
Reasonable Accommodation Rights
Employees are able to request adaptations to do their job and not risk the chance of termination as a result. An accommodation is an adjustment in a profession or work surroundings to perform essential job functions .Workers have the right to request it at any time during the application process or employment. All accommodations must be related to a verifiable medical condition.
If medically disabled, then workers can not be discharged under certain circumstances. Instances include refusing to comply with medical restrictions and refusal of time-off for necessary medical appointments. Employers are compelled to provide adjustments that do not represent an excessive hardship or expense.
Employees should communicate modification needs to a supervisor to remain in present job role. Requests can be made using the Disability Accommodation Request form or informally. Workers may need to produce documentation of limitations, but all medical information will remain classified.