Receiving a diagnosis for a medical condition can be overwhelming on its own. But when that diagnosis is followed by being fired, it raises an even more difficult question—was it because of your condition? Many individuals in this situation wonder if they’ve fallen victim to disability discrimination. Disability discrimination is illegal in many cases, and it’s important to know what you can do if you find yourself in this situation.
Being fired after revealing a medical diagnosis could potentially be a violation of your rights. But how do you know if your firing was an act of discrimination? The law provides protections for individuals with disabilities, but not every situation where someone is fired after a diagnosis automatically means they were discriminated against. Let’s take a deeper look into what you should understand about this issue, how the law can protect you, and what steps you can take if you believe your rights have been violated.
What is Disability Discrimination?
Disability discrimination happens when an employee is treated unfairly because of their disability. This can involve actions like firing an employee, refusing to provide reasonable accommodations, or denying promotions based on their condition. The key factor is whether your employer took actions that were based on your diagnosis or if they treated you differently than other employees because of it.
The law protects individuals from being discriminated against for having a disability, and your medical condition should not be a reason for your firing unless it directly impacts your ability to perform essential job functions.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
Your Legal Rights Under the ADA
The Americans with Disabilities Act (ADA) provides important protection for employees with disabilities. It prevents employers from discriminating against workers due to their disabilities and requires that employers make reasonable accommodations for employees who need them. This law covers both physical and mental disabilities that significantly affect major life activities such as working, walking, talking, and more.
Under the ADA, an employer cannot fire an employee because of a disability. However, they are also not required to retain someone who cannot perform their job duties, even with accommodations. The law requires employers to make reasonable adjustments to help workers with disabilities perform their job responsibilities, as long as these accommodations do not create excessive hardship for the employer. If your employer was aware of your medical condition and chose to fire you without attempting to provide reasonable accommodations, they may have violated the ADA. This could be grounds for a claim of disability discrimination.
– Steve Hendrix – Adriana Solis – Luis Amador – Maria Terrazas
Red Flags for Disability Discrimination
While not every case of being fired after a diagnosis points to discrimination, certain situations can raise red flags. For example, the timing of the firing could suggest that your medical condition played a role. If your performance had been solid before the diagnosis, but after your condition was disclosed, your performance was suddenly called into question, it’s worth considering whether your diagnosis may have influenced your employer’s decision.
Another red flag might be if you were fired right after requesting accommodations. The ADA requires employers to work with employees to provide reasonable accommodations to help them continue working. If your employer dismissed your accommodation request or did not make an effort to engage with you in an interactive process to determine what reasonable changes could be made, this could be a form of discrimination.
Additionally, if your employer made negative or hurtful remarks about your condition, it could indicate discriminatory intent. Employers should refrain from making comments that belittle, stigmatize, or negatively view employees for their medical conditions.
Steps You Can Take If You Suspect Discrimination
If you believe you were fired due to your disability, there are actions you can take to determine whether discrimination occurred and how you might proceed.
Document everything related to your diagnosis, your requests for accommodations, and any communication from your employer. This could include emails, written notes, or even notes from verbal conversations. Keeping track of dates and specifics surrounding your firing and diagnosis is crucial when trying to determine whether disability discrimination played a role.
It’s also important to review your employer’s policies, as they should outline how the company handles requests for accommodations and other related issues. If your employer has a policy on disability accommodation or discrimination, it can provide a helpful guideline to see if the company followed proper procedure.
If you feel that your termination was wrongful or discriminatory, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC enforces laws related to employment discrimination and investigates claims of discrimination under the ADA. Your complaint must be filed within a certain period after your termination—usually within 180 days—but in some cases, this deadline can be extended.
It’s also a good idea to seek legal guidance. An attorney who handles employment law can evaluate your situation, determine whether discrimination occurred, and guide you on the next steps. A lawyer can also help you understand whether your firing was unlawful and what remedies you might be entitled to, such as reinstatement or compensation.
Are You Protected?
Understanding whether you’re protected under the ADA depends on whether your condition qualifies as a disability and whether it limits your ability to perform basic job functions. Simply being diagnosed with a medical condition doesn’t automatically grant protection under the law. To qualify for protection, your disability must significantly impact a major life activity.
If you have been fired after a diagnosis, it’s essential to understand the context in which this occurred. Was the firing due to a performance issue unrelated to your condition? Was there a reasonable accommodation that could have allowed you to continue working? It’s important to examine the situation carefully to determine if your rights were violated.
What Happens Next?
If you suspect that your diagnosis led to your firing, you have legal protections under both state and federal laws. Employers should not fire someone for a disability without providing reasonable accommodations, and doing so could open the door for you to seek justice.
At Chavez Law Firm, we understand how difficult it can be to face both a medical diagnosis and an unfair firing. If you believe that you have been discriminated against due to a disability, we are here to help. We can assist you in navigating the legal process and ensuring that your rights are upheld. Don’t let an unfair dismissal go unchecked. Reach out to us for a consultation today, and we will fight to protect your rights.