Legal Question in Disability Law in Washington

How can an employer terminate the disabled?

I am in wheelchair - head injury. Have job for over 5 years. Job evolved and now my employer says I no longer qualify. Can my employer just fire me?


Asked on 12/20/06, 10:42 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: How can an employer terminate the disabled?

If you are disabled within the meaning of the Americans with Disabilities Act ("ADA"), then your employer has a duty to make a reasonable accommodation of your condition. Disabled, according to the ADA, means that you are substantially impaired in one or more major life activities.

The reasonable accommodation duty encompasses such things as altering your job duties and/or making changes to the work environment that will allow you to do your job. Of course, you still have to be able to perform the essential functions of your position. However, if you can do your job with some accommodation and that accommodation is not unreasonable, then your employer cannot simply terminate your employment.

For more information about disability discrimination, you can check out my webpage on disability discrimination, http://www.memphisemploymentlawyer.net/index_files/disabilitydiscrimination.html.

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Answered on 12/23/06, 12:15 pm


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