Living with a disability presents unique challenges, especially in the workplace. Physical disabilities such as cerebral palsy, amputation, blindness, and paraplegia, as well as mental health conditions like depression, bipolar disorder, schizophrenia, and autism, can impact job performance.
Legal Protections for Disabled Workers
Fortunately, disabled employees are protected under the Americans with Disabilities Act (ADA)—a federal law prohibiting covered employers from firing workers solely due to a disability. The ADA also prevents workplace discrimination in pay, hiring, promotions, and other employment matters.
A Paramus employment law attorney at the Law Offices of Usmaan Sleemi can help you understand your rights.
Reasonable Accommodations Under the ADA
Employers must provide reasonable accommodations unless doing so creates significant hardship. These accommodations help disabled employees perform their job duties without imposing undue burden on the employer. Examples include:
- Workplace Modifications: Installing ramps, ergonomic desks, or accessible restrooms.
- Flexible Schedules: Adjusting work hours, allowing remote work, or providing extra breaks.
- Assistive Technology: Using speech-to-text software, screen readers, or adaptive keyboards.
- Job Duty Adjustments: Modifying work tasks or reassigning non-essential duties.
- Communication Support: Offering sign language interpreters or written instructions.
What the ADA Doesn’t Do
While the ADA offers strong protections, it does not:
- Guarantee Employment: Employers are not required to hire disabled workers—they must only ensure hiring decisions aren’t based on disability.
- Cover Unqualified Applicants: Disabled individuals must meet job requirements and perform essential duties with or without accommodations.
Can You Be Legally Fired?
Though disability-based termination is illegal, there are situations where firing a disabled worker is lawful:
- Inability to Perform Essential Job Functions: If an employee cannot fulfill core tasks, even with accommodations, termination may be justified.
- Undue Hardship on the Employer: If accommodations create an excessive financial or operational burden, the employer may not be required to keep the employee.
- Workplace Misconduct: Employees with disabilities must still follow company policies. Termination for misconduct is legal.
- Company Restructuring: Layoffs due to downsizing or budget cuts are lawful, provided they are not disability-related.
- Threat to Workplace Safety: If a disability poses a significant risk to safety and no reasonable accommodation can mitigate it, termination may be valid.
Contact Us for Legal Help
While an employer cannot fire you solely for having a disability, you can be let go if you cannot perform the job or if valid, non-discriminatory reasons exist. If you are facing workplace discrimination or need legal guidance, a Paramus employment law attorney at the Law Offices of Usmaan Sleemi is ready to assist. Call 973-866-9415 or fill out our online form to schedule a consultation today.