QUESTION

Can a employer fire you due to disability?

Asked on Dec 01st, 2016 on Labor and Employment - North Carolina
More details to this question:
My husband was hired as a electrician with his job. Due worsening ploblems with his back from being in the military, his job is not will to make any accommodations for him is this legal and can they fire him?
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
This is an employment-at-will state which means he can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against him. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if he engaged in one of a handful of "legally protected" activities and was fired for engaging in that activity. So, to start, the employer has the right to terminate him "at will" and it has no other duty to him. However, the Americans With Disabilities Act (ADA) prohibits discrimination against employees due to a disability (i.e the unlawful discrimiation in the above paragraph.  The ADA also requires an employer to provide a reasonable accommodation to an employee or applicant with a disability that will allow the person to perform the essential functions of the job. For the purposes of the ADA, the term "employer" means someone employing at least 15 employees.  For the purposes of the ADA, the term "reasonable" is difficult to define as it will change depending on the facts and circumstances.  The ultimately quesiton though (in layman's terms) is what burden is placed on the employer and is that burden reasaonable under the circumstances. So, he can definitely be fired. If the employer has at least 15 employees, it would be unlawful for the employer to terminate him because of his disability or to deny him an accomodation which leads to his termination so long as the accomodation is reasonable.  He really needs to consult with an attorney if his employer has at least 15 employees.
Answered on Dec 02nd, 2016 at 5:24 AM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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