Not only is being fired for performance problems caused by disability unfair, it's also illegal. The Americans with Disability Act (ADA) ensures that people living with disabilities can secure equal employment opportunities and shouldn’t be harassed or dismissed due to their condition. Although most employers are able to legally fire their employees at will, ADA forbids employers from terminating employees with a disability. 

If you have been fired for performance problems caused by disability, you can file a lawsuit or wrongful termination claim against your employer. At Schwimer Weinstein, you will find Santa Monica employment attorneys who will offer the representation you need to fight for your rights.

What Counts as a Disability?

ADA prohibits employers from discriminating against employees with cognitive, physical, and psychological disabilities. Some of the conditions considered a disability under ADA include but are not limited to:

• Hearing impairment
• Dyslexia
• Depression
• Learning disabilities
• Cerebral palsy
• Visual impairments
• Muscular dystrophy

The law does not count people with minor or temporary conditions as disabled.

Accommodations for Employees with Disability

Employers with more than 15 employees should provide the necessary accommodations for staff with disabilities. If you have a disability, you must let your employer know about your disability so that they can provide the appropriate accommodations.

These accommodations may include placing signs in braille, offering disability leave, and making the work area more accessible. 

If you were terminated because of your disability, hiring an employment lawyer can help you understand your available legal options. At Schwimer Weinstein, our attorneys have worked with individuals just like you to enforce their rights against discrimination in the workplace.

Situations Under Which You Can Be Terminated for Disability

ADA allows employees to terminate disabled employees who threaten to cause harm to themselves or other people. However, the employer must prove that similar actions were taken against other disabled employees who behaved the same. Other circumstances that may warrant ADA to terminate workers with a disability include:

• When reasons for termination are not related to the disability
• If there are no accommodations your employer can offer to allow you to perform routine tasks.
• When the employee poses a health or safety threat to the workplace
• If they fail to meet the necessary legal standards for the job

Damages You Can Recover from a Disability Discrimination Claim

If you are able to prove that you were wrongfully terminated, the court can reinstate you by ordering your employer to offer the job back. However, that outcome may not be ideal, especially if there are negative associations with the workplace. A judge may also order monetary damages, which could include:

• Lost wages
• Attorney fees
• Emotional distress
• Punitive damages
• Front pay if you fail to secure another job.

Reach out to a Santa Monica Employment Attorney Today

If your employer terminates you due to your disability, this may be considered discrimination, and you may be entitled to receive compensation. Luckily, we are ready to assist you at Schwimer Weinstein. Contact us today to schedule a consultation with our Santa Monica employment attorneys.