You’ve been seriously injured and you now have a long-term disability. However, you believe that you can still work at your job as long as they make a few minor accommodations. For instance, maybe you need to use a wheelchair, so you just need a desk that will accommodate it.
However, your employer may tell you that they don’t want to make any changes just for you to keep working there. They would rather fire you and replace you with someone else who was never injured and isn’t living with this type of disability. Is this legal and can your employer fire you?
It could be serious employment discrimination
No, this firing may not be legal, as employers are not allowed to discriminate against employees on the basis of disability. This is a protected class. If you get fired because you are disabled and your employer just wants to replace you, that could be a violation of your rights. The same is true if your employer refuses to make any reasonable accommodations.
What does a reasonable accommodation look like? One example could be modifying a workplace layout or installing a wheelchair ramp. Another could be updating software programs so that they can be used by workers with visual or auditory impairments. Another example could be modifying your employment schedule so that you can go to physical rehabilitation or make it to doctor’s appointments on time. These minor alterations would allow you to keep your job, and it may be illegal if your employer refuses to make them.
Naturally, though, your employer may argue that the accommodations weren’t reasonable or that they had another reason to let you go from your position. This can lead to a serious dispute and you need to know about all of your rights as an employee – and your legal options moving forward.