Wrongful termination, the firing of an individual on account of his or her protected classification, is a form of discrimination. Individuals with disabilities are typically members of that protected class. A disability is defined as having, or being perceived as having, a physical or mental impairment that significantly impedes the person from enjoying one or more important life activities. Disabled individuals are protected under both federal and state law.

The Americans with Disabilities Act (ADA) is the federal law which provides disabled individuals with employment rights and prevents those who are otherwise qualified to perform a task from being fired solely because of a disability.  The law also protects employees who are somehow associated (i.e. married) with disabled persons. Moreover, while most states, including California, honor the idea of “at-will” employment, meaning that neither the employee nor the employer are indefinitely bound to the employment contract and may terminate the relationship at any time, discrimination based on an employee’s disability is unlawful and constitutes an exception to the at-will agreement.

Employers who employ more than fifteen workers are subject to the ADA and must comply with disabled employees’ requests for special accommodations, if such modifications or additions are necessary to perform the particular job and are not unduly difficult or expensive to put into operation. For example, Ms. Sager, a deaf employee at the Huntington Beach Library, was rightfully entitled to request, and be given, an interpreter and more written communications so that she may sufficiently perform her job. While accommodations may be demanded at any time during the disabled person’s employment, discrimination charges must be filed with the Equal Opportunity Commission (EEOC), or other agency, no more than 300 days after an alleged wrongful termination has occurred. There is no cost to file a complaint, and although one may be filed without a lawyer, victims are advised to speak with a wrongful termination lawyer in Santa Ana to discuss the merits of their claim.

Wrongful termination may be demonstrated by either the direct or indirect method.  A comment or admission by the person who perpetrated the discrimination may be an example of the direct method. The indirect method is a little trickier to carry out, and it typically involves three steps: 1) the employee must prove that he or she is fit for the job and that those employees without disabilities are treated in a superior manner, 2) the employer must give a justifiable excuse for the disparate treatment, 3) the employee must show that the excuse is not plausible. The intricacies involved in proving discrimination are yet another reason why a Santa Ana, wrongful termination lawyer may be critical in launching a successful claim.

Fortunately for disabled employees, the 2008 amendments to the ADA have expanded the definition of the term disability. However, these recent changes may also mean that a person may possess a valid claim of which he or she is unaware. If a person has any suspicion that they have been unlawfully terminated, they should resist the urge to voluntarily resign, as it may prevent them from recovering the payment or other benefits to which they may be entitled. Instead, they should try to continue working to the best of his ability, and as mentioned above, immediately contact a wrongful termination lawyer in Santa Ana so as to increase the chances of obtaining the maximum amount of damages possible.