When someone loses their job, it can be a difficult and overwhelming experience, especially if the reason behind the termination feels unfair or unjust. Two common reasons for wrongful dismissal are disability discrimination and wrongful termination. While these terms are sometimes used interchangeably, they represent different legal issues. It’s crucial to understand the distinction between them to better navigate your legal rights.
What is Disability Discrimination?
Disability discrimination occurs when an employer treats an employee or job applicant unfairly because of their disability. Under the Americans with Disabilities Act (ADA), employees are protected from discrimination based on their physical or mental impairments. A disability under the ADA includes conditions that significantly limit one or more major life activities, such as seeing, walking, or hearing.
Disability discrimination can take many forms, and firing an employee because of their disability is one of the most obvious violations. However, it is also illegal for employers to fail to provide reasonable accommodations to employees with disabilities. For example, an employer may be required to modify the employee’s work schedule, provide special equipment, or adjust their workspace so they can continue performing their job. If an employer refuses to provide reasonable accommodations and subsequently terminates the employee because of their disability, that would be considered both disability discrimination and potentially wrongful termination.
It’s important to remember that a person is protected under the ADA not only if they have a disability but also if they have a history of one, or if they are perceived by others to have a disability. For instance, even if someone is in remission from cancer, they are still protected by the law from discrimination based on their previous condition. If an employee believes they’ve been fired or treated unfairly because of their disability or their need for accommodation, they have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC).
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
What is Wrongful Termination?
Wrongful termination is a broader concept that involves an employee being fired in violation of their legal rights, whether through an explicit contract, an implied contract, or a violation of public policy. Wrongful termination does not necessarily have to involve discrimination, though it often can.
For example, an employee may have a contract that specifies they can only be fired for certain reasons, and if they are fired without cause or in violation of that contract, it could be considered wrongful termination. In another scenario, if an employee is fired for taking legally protected medical leave, filing a workers’ compensation claim, or refusing to engage in illegal activities at the request of their employer, that could also be classified as wrongful termination.
While wrongful termination does not always involve discriminatory practices, it can intersect with cases of disability discrimination. If an employee is fired after asking for a reasonable accommodation, or if they are let go because of their disability, the situation could be considered both disability discrimination and wrongful termination.
– Steve Hendrix – Adriana Solis – Luis Amador – Maria Terrazas
Key Differences Between Disability Discrimination and Wrongful Termination
The primary difference between disability discrimination and wrongful termination lies in the reason for the termination. Disability discrimination specifically refers to mistreatment or firing of an employee because of their disability, or because they are perceived to have a disability. It may also involve the failure to provide reasonable accommodations to a qualified employee.
On the other hand, wrongful termination is a more general term referring to an employee being fired in violation of the law or their rights. It may include violations of an employment contract, firing due to retaliation, or in breach of public policy. In cases of disability discrimination, wrongful termination could still apply, but not all wrongful termination cases involve discrimination.
How These Issues Can Overlap
In real-life scenarios, the line between disability discrimination and wrongful termination can become blurred. For example, if an employee requests a reasonable accommodation under the ADA and is subsequently fired, this could be both a case of disability discrimination and wrongful termination. In such cases, the employee may be entitled to file claims with both the EEOC for discrimination and with a court for wrongful termination.
Consider the case where an employee suffers from chronic pain and asks their employer to allow them to work from home part-time. If the employer denies this request without offering a viable alternative and then fires the employee shortly thereafter, this situation could be classified as both disability discrimination and wrongful termination. The employee is being discriminated against because of their disability, and the firing may also violate company policy or public policy regarding reasonable accommodations.
What to Do If You Face Either Issue
If you believe you are being discriminated against due to a disability or have been wrongfully terminated, it’s important to understand your legal rights and seek help as soon as possible. Keeping thorough records of any communications, performance reviews, or incidents related to your disability and job can be crucial in proving your case.
Seeking legal advice is an important step in understanding whether you have a legitimate claim. A lawyer who specializes in employment law can guide you through the process, advise you on whether you should file a complaint with the EEOC or take legal action, and help protect your rights.
Understanding the difference between disability discrimination and wrongful termination can help you better navigate your situation if you believe you’ve been treated unfairly at work. Disability discrimination specifically relates to unfair treatment because of a disability, while wrongful termination covers a broader range of illegal firing practices, including but not limited to discrimination. If you find yourself facing either of these issues, seeking legal advice is essential to ensure your rights are protected.
If you believe you are experiencing disability discrimination or wrongful termination, Chavez Law Firm is here to assist you. Our experienced team can help guide you through the legal process and fight for the justice you deserve. Don’t wait – take action to protect your career today.