If you’ve been fired or faced workplace retaliation after disclosing a medical condition, it’s important to know that you have legal protections under the Americans with Disabilities Act (ADA). Understanding your rights can help you fight back against wrongful termination and hold your employer accountable.
What Is the ADA, and How Does It Protect Employees?
The Americans with Disabilities Act (ADA) prohibits discrimination against qualified applicants and employees based on their disabilities. The law applies to covered employers, including private employers with 15 or more employees, labor organizations, and governmental agencies.
Under the ADA, employers must provide reasonable accommodations to employees with disabilities, as long as those accommodations don’t cause undue hardship to the business. The law covers every stage of employment — from the application process to termination.
Key Protections Under the ADA:
Prohibits discrimination in hiring, firing, and other employment-related activities.
Requires employers to engage in an interactive process to determine reasonable accommodations.
Protects employees from adverse employment actions due to a medical condition.
Disability Forms and the Hiring Process
Before hiring, many employers require job applicants to complete disability-related forms. These forms are part of the Equal Employment Opportunity (EEO) process, which allows applicants to voluntarily self-identify as having a disability. The purpose is to ensure equal access and compliance with federal laws, but it’s important to know your rights during this stage.
What Employers Can and Cannot Ask
Employers can ask job applicants if they are able to perform essential job functions, but they cannot ask disability-related questions before making a conditional job offer. Once a conditional job offer is made, the employer may require medical examinations or request medical documentation to ensure the applicant can perform the job’s essential functions.
Important Points to Remember:
Completing disability forms is voluntary, and applicants cannot be penalized for choosing not to disclose a disability.
Employers must keep medical information obtained during the hiring process confidential.
Medical documentation requests must be job-related and consistent with business necessity.
Disclosing a Medical Condition: Know Your Rights
Disclosing a medical condition is a personal decision, but it’s sometimes necessary to request accommodations. The ADA requires employers to keep medical information private and prohibits discrimination based on an employee’s medical condition.
When and How to Disclose
If you need reasonable accommodations to perform essential functions of your job, you should notify your employer. Provide sufficient evidence, such as a doctor’s note or other medical documentation, to support your request.
Best Practices for Disclosing:
Disclose your medical condition only when necessary.
Provide reasonable documentation to support your request.
Engage in the interactive process with your employer to determine accommodations.
What Counts as Disability Discrimination?
Disability discrimination can take many forms, including wrongful termination, failure to provide reasonable accommodations, or harassment based on an employee’s impairment. Adverse actions taken because of an employee’s medical condition violate the ADA.
Examples of Disability Discrimination:
Terminating an employee for attending medical appointments.
Refusing to provide accommodations without proving undue hardship.
Requiring unnecessary medical examinations.
If you’ve experienced any of these actions, you may have a claim for alleged discrimination.
What to Do if You’re Fired for Disclosing a Medical Condition
If you believe you were wrongfully terminated due to your medical condition, take the following steps:
Document Everything: Keep records of any communications, medical documentation, and employment decisions.
File a Complaint: You can file a complaint with the Equal Employment Opportunity Commission (EEOC) or a state governmental agency.
Consult an Attorney: Seek legal advice to understand your rights and options.
How the Interactive Process Works
The interactive process is a key requirement under the ADA. When an employee requests accommodations, the employer must engage in a back-and-forth dialogue to find a solution.
Steps in the Interactive Process:
The employee requests accommodations and provides medical documentation.
The employer assesses the request and considers reasonable accommodations.
Both parties work together to ensure the employee can perform essential job functions.
Failing to engage in the interactive process can be considered a violation of the ADA.
Common Questions About ADA Protections
Can an Employer Fire Me for Requesting Accommodations?
No, the ADA prohibits covered employers from taking adverse action against employees for requesting accommodations. This includes firing, demotion, or any other negative employment decisions based on an employee’s disability or accommodation requests.
What if My Employer Says Accommodations Are Too Expensive?
Employers must prove that providing accommodations would cause undue hardship. They cannot deny accommodations without sufficient evidence. In most cases, the cost of accommodations is minimal compared to the value they bring to a workplace.
Is My Employer Allowed to Share My Medical Information?
No. Medical information obtained through disability forms or medical examinations must be kept confidential and stored separately from other employee records. Sharing this information with co-workers or others outside the company is a direct violation of ADA protections.
What Does the Term “Direct Threat” Mean Under the ADA?
A direct threat refers to a significant risk of substantial harm to the health or safety of others that cannot be reduced or eliminated through reasonable accommodations. Employers cannot use this as an excuse to deny employment unless they have concrete evidence that an employee poses a real, immediate risk.
Can I Be Denied a Job Offer Based on My Medical Condition?
A prospective employer cannot withdraw a conditional job offer based on a covered disability unless it can prove that the employee’s disability prevents them from performing the essential functions of the job, even with reasonable accommodations.
What Happens if My Employer Claims I Can’t Perform My Job Duties?
Employers must engage in an interactive process to explore accommodations that would help the employee perform their job duties. The ADA requires employers to make reasonable efforts to keep employees in the same job category and avoid discriminatory practices.
Can an Employer Ask Disability-Related Questions During a Job Interview?
No, employers cannot ask about an applicant’s medical condition or disability during the hiring process. However, after a conditional job offer is made, the employer may require medical examinations, provided they apply the same requirements to all applicants in that job category.
Are Local Laws in Colorado Different from Federal ADA Protections?
Yes. Local laws may offer additional protections beyond federal laws like the ADA and the Rehabilitation Act. It is important to understand your rights under both state and federal regulations to ensure you receive full protection against disability discrimination.
What If My Employer Claims Poor Performance as a Reason for Termination?
Employers must provide sufficient evidence to justify termination due to poor performance. If an employee’s disability or request for accommodations is a contributing factor, the termination may be considered wrongful under ADA protections.
Can Employers Share My Medical Information with Co-Workers?
No. Employers must keep all medical information confidential. Sharing medical details with co-workers or other employees is a violation of the ADA and can result in legal action.
Can the Fire Department or Other Public Agencies Discriminate Based on Disability?
No. Public agencies, including the fire department, must comply with ADA regulations and provide equal access to job opportunities for all qualified applicants. Discrimination based on disability is prohibited, and accommodations must be provided unless they cause undue hardship.
Are Family Members’ Medical Conditions Protected Under the ADA?
Yes. The ADA protects employees from discrimination based on their association with a family member who has a disability. Employers cannot take adverse action against an employee because of a family member’s medical condition.
How Can I Prove Disability Discrimination?
To prove disability discrimination, employees must provide sufficient evidence of an employer’s adverse action based on their disability. This may include documentation of denied accommodations, termination letters, or discriminatory remarks.
Can an Employer Ask for Medical Documentation to Support a Request for Accommodations?
Yes. Employers can request reasonable documentation to verify an employee’s disability and need for accommodations. However, the documentation must be directly related to the accommodation request and cannot be overly invasive.
What Happens If There Are Several Qualified Applicants for the Same Job?
If there are several qualified applicants, the employer must make employment decisions based on qualifications and job duties, not on disability status. Any adverse action based on a covered disability may constitute discrimination under the ADA.
Are Domestic Employees Covered by the ADA?
Domestic employees, such as caregivers and housekeepers, may be protected under the ADA depending on the nature of their employment and whether the employer meets the criteria of a covered employer. It’s important for both employers and employees to understand their rights and obligations under local and federal laws.
What Can I Do If I Believe My Rights Were Violated?
If you believe your employer violated your ADA rights, you can file a complaint with a federal agency like the Equal Employment Opportunity Commission (EEOC). It’s crucial to act quickly, as there are time limits for filing discrimination claims.
Understanding “Essential Job Functions”
Employers often argue that an employee cannot perform the essential functions of a job. The ADA defines essential functions as the core duties of a position — tasks that cannot be removed without fundamentally changing the job.
Factors Considered When Determining Essential Functions:
Job descriptions.
The time spent performing specific tasks.
The impact of removing the task on the business.
Employees with disabilities must be able to perform essential functions with or without reasonable accommodations.
Example: Wrongful Termination Due to a Medical Condition
Sarah, a marketing manager, disclosed her chronic illness to her employer and requested a flexible schedule to attend medical appointments. Despite providing a doctor’s note, Sarah was fired shortly after disclosing her condition. Her termination was a clear violation of the ADA.
After filing a complaint with the EEOC, Sarah received a settlement for her wrongful termination. Her case highlights the importance of understanding your rights and taking action when those rights are violated.
Conclusion: Protect Your Rights
Disclosing a medical condition should never cost you your job. The ADA and other federal laws protect employees from discrimination based on their disabilities.
If you believe you’ve faced wrongful termination or other adverse actions due to a medical condition, Bourassa Law Group can help. Contact us today for a free consultation and let us help you fight back against disability discrimination.
1-800-870-8910