Dealing with a medical condition on its own is difficult enough, not to mention the added stress of job insecurity. Knowing your rights is essential to ensure fair treatment and avoid wrongful termination. But can you be fired because of a medical condition?
Generally, federal and state laws offer certain protections against termination based solely on a health condition, provided that you can still perform the essential job functions or if reasonable accommodations can enable you to continue working.
Federal and State Protections for Employees with Medical Conditions
The Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) are two key federal laws that protect employees dealing with medical conditions.
- ADA: The Americans with Disabilities Act prohibits discrimination based on a disability, which can include many medical conditions that impact daily life. Under the ADA, if an employee has a qualifying medical condition, employers with 15 or more employees are required to provide reasonable accommodations unless doing so would cause undue hardship for the business. Reasonable accommodations can range from adjusting work hours to allowing remote work, depending on the employee’s needs and the nature of their job.
- FMLA: The Family and Medical Leave Act provides eligible employees with up to 12 weeks of unpaid, job-protected leave each year for specific medical and family reasons. This includes serious health conditions that make it impossible for the employee to perform their job duties. FMLA covers employers with 50 or more employees, and it allows employees to take time off for their own medical condition or to care for a family member with a serious health issue.
Many states also have their own anti-discrimination laws that protect employees with medical conditions. Nevada, for example, has regulations that mirror federal laws while offering additional protections for certain conditions.
What Counts as a Medical Condition?
Federal and state laws typically define a “medical condition” as any physical or mental impairment that substantially limits one or more major life activities. Conditions like diabetes, heart disease, epilepsy, and post-traumatic stress disorder (PTSD) are commonly covered, as they can affect essential daily functions.
However, not every medical condition automatically qualifies for ADA protection. To receive protections, the condition must impact your ability to perform essential job functions, and you must be able to fulfill your duties with reasonable accommodations.
Reasonable Accommodations and Your Rights
If you have a medical condition, requesting a reasonable accommodation is often the first step to maintaining your position. Reasonable accommodations might include changes like:
- Adjusted work hours or modified schedules
- Temporary or permanent work-from-home arrangements
- Accessibility tools, such as ergonomic equipment
- Reassignment to a different position within the company
If your employer can provide a reasonable accommodation that enables you to continue performing essential job functions without undue hardship, they must do so under the ADA. However, if you cannot perform the job’s essential duties even with accommodation, your employer may legally terminate your employment.
Can an Employer Deny Your Accommodation Request?
Employers are not obligated to grant every accommodation request. If they can demonstrate that providing an accommodation would cause undue hardship—typically defined as significant difficulty or expense—they may legally deny it. In such cases, it’s important to assess whether the employer has explored alternative accommodations or if the denial constitutes an ADA violation. Consulting with an employment lawyer can clarify your options and strengthen your case.
Understanding Wrongful Termination Related to Medical Conditions
Wrongful termination occurs when an employee is fired in violation of federal or state laws. If you believe your dismissal was due to your medical condition and in violation of the ADA, FMLA, or other relevant laws, you may have grounds for a wrongful termination lawsuit. These claims often include situations where an employer has:
- Fired an employee without considering a reasonable accommodation
- Terminated employment despite the employee’s eligibility for FMLA leave
- Retaliated against the employee for requesting accommodation or taking medical leave
Filing a Wrongful Termination Lawsuit
If you’re fired because of your medical condition, and your employer has violated your legal protections, you may have grounds for filing a wrongful termination lawsuit. This process can help secure compensation for lost wages, emotional distress, and potential reinstatement, depending on your case.
Steps for filing a wrongful termination claim generally include:
- Documenting All Communication: Keep a record of all interactions with your employer regarding your health condition, requests for accommodation, and responses received.
- Seeking Legal Advice: Employment law can be complex, and consulting an experienced attorney will clarify your rights and next steps.
- Filing a Complaint with the EEOC: To bring a wrongful termination claim under the ADA, you must first file a charge with the Equal Employment Opportunity Commission (EEOC).
Disability Forms and Anti-Discrimination Obligations for U.S. Employers
Under federal law, most U.S. companies are required to provide disability forms to new hires, a step aimed at ensuring inclusivity and compliance with the Americans with Disabilities Act (ADA) and other anti-discrimination laws. These forms are designed to identify whether an employee has a disability so that the employer can proactively discuss any necessary accommodations without discrimination.
Why Employers Request Disability Forms
The ADA requires companies with 15 or more employees to make reasonable accommodations for workers with disabilities, provided that these accommodations don’t cause undue hardship. By collecting information about potential disabilities at the time of hire, companies can engage in open discussions with new employees about any accommodations they might need to perform essential job functions. Examples include modified work schedules, specialized equipment, or altered workspace arrangements.
Protections Against Discrimination
Federal law, including the ADA and the Equal Employment Opportunity Commission (EEOC) guidelines, prohibits employers from using disability information to make biased hiring or assignment decisions. They are legally obligated to:
- Keep Disability Information Confidential: Employers must store disability information separately from general employment files and restrict access to this information.
- Focus on Ability, Not Disability: Employers may not deny a qualified candidate a job or make discriminatory job assignments based on a disclosed disability. Instead, they are required to consider how a reasonable accommodation can enable the employee to fulfill their role.
- Adhere to Non-Retaliation Policies: An employer cannot retaliate against a new hire or existing employee for disclosing a disability or requesting accommodations.
Ensuring Compliance with Anti-Discrimination Policies
To meet ADA and EEOC standards, companies need to integrate disability disclosure and accommodation policies as part of their onboarding process. Many companies provide employees with a disability self-identification form and information on how to request accommodations as part of their human resources policies. By doing so, they aim to foster a fair and accessible work environment that emphasizes the individual’s qualifications and performance, rather than any medical condition.
These protections help ensure that employees with disabilities have the same opportunities as others and that their rights are respected throughout the hiring process and beyond.
What to Do If You’re Facing Discrimination Due to a Medical Condition
Facing termination due to a health condition can be emotionally and financially stressful. Start by knowing your rights under the ADA, FMLA, and state-specific laws. In many cases, a legal claim can provide a path to recovery, whether through financial compensation or securing workplace accommodations.
If you believe your employer has acted unfairly, consider reaching out to an employment lawyer who can help you understand the options available to you. Contact Bourassa Law Group for a free consultation today. Let our experienced attorneys provide you with the guidance and support you need to move forward with confidence.
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