What Can You Legally Do if You Are Unable to Work Due to a Disability?

For employees with disabilities to be able to perform their jobs, employers must make “reasonable adjustments.” Your employer must make a reasonable accommodation unless doing so would be extremely difficult or expensive.

Similarly, if you have a disability and are a job applicant, the employer must make reasonable accommodations so that you can apply and be considered for the position. Again, appropriate accommodation must be made unless doing so would be excessively difficult or expensive.

You may be eligible for disability if you cannot maintain full-time employment and regularly attend it. Furthermore, you should be qualified for Social Security disability benefits if your doctor determines that you cannot work a full-time job.

Disability Discrimination Regulations

Disability-related workplace discrimination is prohibited by the federal Americans with Disabilities Act (ADA). Private employers with 15 or more employees must comply with the ADA.

Contact a Social Security Disability lawyer to learn more about the disability laws that might apply to your case.

Americans With Disabilities Act of 1990 (ADA)

ADA forbids discriminating against a qualified person with a handicap in the workplace. Additionally, the ADA prohibits discrimination against people with disabilities in local and state government services, as well as in public places, transportation, and telecommunications.

Reasonable Modifications

Under the ADA, employers must provide workers with disabilities with reasonable accommodations. The workplace or place of employment must be adjusted to enable an employee to perform their job despite a disability.

You must ask your employer for reasonable accommodation for you to be able to do your work. Although your company is not required by law to grant the unique accommodation you request, it must cooperate with you to find a solution.

Common Claims of Wrongful Termination

If you were fired and any of the following relate to your circumstance, you should think about consulting a lawyer about bringing a disability discrimination claim:

  • Soon after disclosing your condition or asking for a reasonable adjustment, you were dismissed.
  • Your boss or employer made derogatory remarks about your disability or believed it prevented you from performing your job.
  • Your request for a reasonable accommodation was rejected or disregarded by your employer.
  • Your employer mistreated you compared to other employees who did not have disabilities.
  • Your company wouldn’t grant you time off for your impairment, so you were fired or forced to resign.
  • Because of prejudices or assumptions about your handicap, your company fired you.

How to React If You’re Fired for Having a Disability

You must follow a few steps to file a wrongful termination claim against your company. The steps involved in bringing a claim for wrongful termination are described below, along with the amount of compensation you might be eligible to receive.

Bringing a Charge of Discrimination

Before bringing a lawsuit against your employer for handicap discrimination, you must report the incident administratively to a government body.

You can report your claim to your state’s fair employment practices office or to the Equal Employment Opportunity Commission (EEOC), the federal government responsible for enforcing the ADA.

It would help if you detailed the activities of your employer and the reasons why you think they were discriminatory in their actions. The EEOC or the appropriate state agency will contact your employer about the claim. Officials might look into the situation, try to mediate or resolve the conflict, or possibly take legal action against your employer.

Asking the EEOC or the state agency to provide you a “right to sue” letter, which states that you have satisfied the requirement of submitting an administrative charge and may now initiate a lawsuit, might help speed up your case.

What Losses Can You Recover if You Win?

You can ask the court to be reinstated if you prevail in your action against handicap discrimination. It is more typical to get monetary damages, such as:

  • The salaries, benefits, and financial losses you incurred as a result of being fired improperly.
  • Attorney’s fees and other litigation expenses.
  • Damages for mental anguish brought on by discrimination.
  • Punitive damages are meant to hold your employer accountable for violating the law.

Employing a Lawyer

If you’re considering filing a lawsuit against your employer for wrongful termination, you should speak with an experienced Social Security Disability lawyer. An attorney can help protect your rights during the lawsuit.

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