Employment Law: Unlawful Termination Based on Requesting an Accomodation for a Disability

• 06 October 2016
• in: Personal Injury Blog

Both California and federal law prohibit an employer from discriminating against an employee based on disability. The Americans With Disabilities Act (ADA) is a federal law designed in part to give individuals with disabilities equal workplace opportunities. Qualified employees with a disability have the right to request, at any time during employment, reasonable accommodations from their employers so that they can perform the essential functions of their jobs. Examples of requests for accommodation may include modifying equipment used on the job, installing accessibility ramps, providing sign language interpreters, and allowing for a modified work schedule. If the accommodation does not create undue hardship to the business in terms of difficulty or expense, the employer is required to institute it. It is unlawful for an employer to dismiss an employee for requesting an accommodation for a disability.

There is a time limit for filing a charge of unlawful termination. If you have been unlawfully dismissed based on your request for an accommodation for a disability, it is essential to file before the time limit has passed. You are not required to have an attorney file a charge of discrimination for you, but it is certainly to your advantage to contact an employment law attorney prior to filing. An attorney with expertise in the bureaucratic rules and regulations of this area of the law can help you determine if you do, in fact, have a case; will ensure that all the necessary facts and paperwork are gathered in a timely manner and are presented as legally required; and will be at your side throughout the process to safeguard your rights and to ensure the best possible outcome.

If you would like to discuss your case to determine your employment law rights, please contact us.