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When disability discrimination results in wrongful termination

On Behalf of | Jan 31, 2025 | Workplace Discrimination

Workplace disability discrimination can come in many forms. Some companies refuse to hire individuals with visible disabilities. Others may deny workers the reasonable accommodations they need to do their jobs safely, efficiently and effectively.

In scenarios where workers ask for accommodations after accepting job offers or acquiring medical conditions during their employment, they generally trust their employers to do what is right and legally necessary. Sadly, some businesses discriminate against workers by refusing their accommodation requests. They may then add insult to injury by terminating that worker.

Terminations of workers with medical conditions may be a result of regular absences or lower productivity, both of which may be the result of denied accommodation requests. Workers who have lost their jobs because they have debilitating medical conditions may have grounds to pursue wrongful termination lawsuits against their former employers. How can workers assert themselves after unfairly losing a job because of medical challenges?

Keep documentation of accommodation requests

Companies often use red tape to justify organizational misconduct. They create unnecessary barriers for workers who need basic workplace accommodations. They then justify denying their accommodation requests by pointing to minor mistakes in the request process.

Keeping personal records of communications with management or human resources and a copy of the company’s accommodation policy can help workers prove that they followed the right procedures when requesting accommodations or that the company made that process unnecessarily difficult.

Review disciplinary or performance records

When employers use absences related to medical issues, performance concerns or productivity as grounds for termination, workers may need to establish that reasonable accommodations could have sidestepped those issues.

They therefore need records of the company’s performance reviews or write-ups to counter them successfully if they file a lawsuit. A thorough review of the company’s complaints about the workers’ performance could make it clear that assistive technology or other accommodations could have eliminated those issues.

Recognize the importance of advocacy

Workers already dealing with disabling medical conditions and a frustrating job loss may not be in the best position to calmly make their case during settlement negotiations or litigation. Instead, they may require the help of a professional.

Discussing the situation with someone familiar with wrongful termination statutes and discrimination laws can help workers. They may require support as they prepare for court.

Proving that a company discriminated against a worker is often the first step toward holding the business accountable for an unjust termination through civil litigation. Workers who experience a wrongful termination may be able to regain their jobs or secure compensation for the financial impact of the company’s misconduct.