Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
In California, employees have several protections regarding work restrictions due to medical conditions or disabilities. However, whether or not an at-will employee can be fired for work restrictions depends on various factors, including the nature of the restrictions, job duties, and an employer’s ability to accommodate those restrictions.
Protections Under the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA)
ADA: The ADA is a federal law that prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations. An employer cannot exhibit discrimination-based behavior.
- Reasonable Accommodation: Under state and federal laws, employers are required to provide reasonable accommodations to employees with disabilities, as long as it does not cause hardship to the employer. Certain types of reasonable accommodations might include a modified work schedule, reassignment to a vacant position, or certain modifications for any work-related equipment.
FEHA: The California Fair Employment and Housing Act (FEHA) provides similar protections as the ADA but can more expansive.
Termination Due to Work Restrictions
Legal Grounds for Termination:
- Undue Hardship: If accommodating an employee’s work restrictions imposes an unjust hardship on the employer (which can mean a significant difficulty or expense), the employer may not be required to provide the accommodation and could potentially terminate the employee.
- Inability to Perform Essential Functions: If the employee, even with accommodations, cannot perform the fundamental job duties of the job position, the employer may have grounds for termination.
Illegal Grounds for Termination:
- Discrimination: Terminating an employee solely because of their disability or medical condition, without offering or considering providing reasonable accommodations, is illegal under both the ADA and FEHA.
- Retaliation: It is illegal for an employer to retaliate against an employee for requesting accommodations or for filing a complaint related to disability discrimination. If an employee feels like they have lost wages, or were improperly fired, they may be able to pursue monetary compensation (or another type of workers’ compensation benefits) from their former employer. Lawyers’s for Justice, PC’s (LFJ) team of workers compensation lawyers and employment attorneys can help. Plus, they offer a free consultation for wrongful termination cases.
What if an employer cannot accommodate permanent work restrictions? If no reasonable accommodation can be made without causing undue hardship, and there are no suitable alternative positions, termination may be considered a last resort. However, employers must demonstrate that they thoroughly considered all possible accommodations and engaged in a good faith interactive process before reaching the decision to terminate an employee.
Steps to Take if You Believe You Experienced Wrongful Termination
- Documentation: Keep detailed records of work restrictions, communications with the employer, and any accommodations requested, efforts that were made to accommodate work restrictions, and whether or not they were provided.
- File a Complaint: Filing a complaint with the Equal Employment Opportunity Commission (EEOC) for violations of the ADA or with the California Department of Fair Employment and Housing (DFEH) for violations of FEHA, is an option as well.
- Consult an Employment Lawyer: An employment lawyer can provide specific guidance based on a variety of issues in the workplace, like a work-related injury, a workers’ compensation claim, unlawful retaliation, and other safety concerns to protect employees at work. LFJ can help you navigate the process of filing claims or lawsuits.
Reach out today for a free consultation and speak to one of our team members.
