Discriminatory Discharge under the Americans with Disabilities Act as a Cause of Action
The Americans with Disabilities Act (ADA) is a federal law that protects workers across the United States from being treated unfairly because of a disability. One of the most serious forms of disability discrimination is being fired because of a physical or mental impairment. This is known as discriminatory discharge. To bring a valid claim under the ADA for discriminatory discharge, a person must prove that four specific elements are met. These elements help courts determine whether the firing was illegal under the ADA.
The Employer Is Covered by the ADA
The first requirement is that the employer is subject to the ADA. This usually means the employer has at least 15 employees. Most mid-size and large companies, government employers, and many private businesses fall under this definition. If the employer is not covered by the ADA, the law does not apply, although state or local laws may still offer similar protections.
The Employee Has a Disability Under the ADA
The second requirement is that the employee has a disability as defined by the ADA. A disability, in this context, means a physical or mental condition that significantly limits one or more major life activities. These activities include things like walking, speaking, breathing, learning, or working. An employee who has a record of such a condition, or is regarded by their employer as having a disability, can also be protected by the ADA.
The Employee Could Do the Job with or without Accommodation
The third element focuses on the employee’s ability to perform the essential duties of their position. The ADA does not require employers to keep someone who cannot do the job. However, if the employee could do the core tasks, either as-is or with reasonable changes (called accommodations), then they are considered qualified. These accommodations might include flexible scheduling, changes to physical workspaces, or assistive technology, as long as they do not cause major difficulties for the employer.
The Employee Was Fired Because of the Disability
The final and most critical part of the claim is showing that the firing happened because of the disability. This means there must be a link between the employee’s condition and the decision to terminate their employment. If the employer acted based on stereotypes, fears, or unwillingness to accommodate, that may support a claim. Evidence might include timing, comments made by supervisors, documentation of accommodation requests, or comparisons to how other employees were treated.
Conclusion
A claim for discriminatory discharge under the ADA requires more than just showing that someone has a disability and was fired. The person must prove that the employer is covered by the ADA, that they have a qualifying disability, that they were capable of doing the job with or without support, and that the disability was the reason for the termination. Understanding each of these elements is essential for both employees seeking justice and employers trying to comply with the law. The ADA is designed to ensure that people are judged based on their abilities, not their limitations.
Find the Law
“In order to make out a prima facie case of discriminatory discharge under the ADA, a plaintiff must show that (1) his employer is subject to the ADA; (2) he suffers from a disability within the meaning of the ADA; (3) he could perform the essential functions of his job with or without reasonable accommodation; and (4) he was fired because of his disability. See Ryan v. Grae Rybicki, P.C., ___ F.3d ___ (2d Cir. Feb. 4, 1998), 1998 WL 50127, at *2 (citations omitted).” Reeves v. Johnson Controls World Services, 140 F.3d 144 (2d Cir. 1998).
The Americans with Disabilities Act, 42 U.S.C. § 12112(a) provides, “No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment.”