Derek Smith Law Group / Employment Law / Fired or Refused a Job Due to Disability

Fired or Refused a Job Due to Disability

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TABLE OF CONTENTS

Can I Be Fired or Refused A Job Because Of A Health Condition?
Reasonable Accommodations
Know Your Rights

Can I Be Fired or Refused A Job Because Of A Health Condition?

At Derek Smith Law Group, PLLC., our experienced discrimination attorneys provide aggressive representation to people who have been fired, refused a job, or mistreated at work because of their disability or health condition.

If you were fired because of a disability, you may have legal claims against your former employer. The Americans with Disabilities Act (ADA) is a federal law that makes it unlawful for employers to discriminate against otherwise qualified employees based on a disability.

Similarly, states like New York, New Jersey, Pennsylvania, and Florida also have state laws that prohibit employers from discriminating against qualified employees based on their disability.

Disability discrimination occurs when an employee, or job applicant, is treated unfairly by an employer because they have a disability. Under the ADA, disability is defined as:

A person who has a mental or physical condition that limits a major life activity.
A person who has had a history of a disability.
A person who is believed to have a physical or mental impairment that is not transitory and minor.

If a supervisor or co-worker is constantly making offensive comments about your disability or medical condition, this can create a hostile work environment. Additionally, it may be unlawful for an employer to refuse your request for time off or terminate you for taking time off because of your disability or medical condition.

Even if you have a history of a disability, it is unlawful for any employer or entity covered by the applicable state and federal anti- discrimination laws to treat you less favorably because of a history od a medical condition or disability.

Reasonable Accommodations

The ADA also states that when requested, employers must provide disabled employees with a reasonable accommodation. Under the federal law, reasonable accommodation is defined as a change in the work environment to assist a person with a disability in applying for the job or carrying out their job function.

A reasonable accommodation is required for the identified physical or mental limitations of an otherwise qualified employee or job applicant. In other words, some circumstances require an employer to provide a change in the work environment or application process to ensure that qualified employees with a disability are treated fairly.

The only justification for an employer’s refusal to provide a reasonable accommodation is that the accommodation would cause an undue hardship on the employer. An example of an undue hardship would be that the requested accommodation is too expensive or difficult to provide in the context of the employer’s need or size. Nevertheless, an employer cannot fail to provide a reasonable accommodation, refuse someone a job, or fire someone who requested an accommodation merely because it involves an expense.

Testimonials

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Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.

During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

Get Help for Workplace Discrimination

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Know Your Rights

Employees who feel they have experienced discrimination or harassment based on a disability need to know that they have employment rights and recourse to any workplace discrimination they have suffered. Civil rights laws reflect our country’s commitment to basic human rights and extend to your workplace. Under these laws, like the ADA and applicable state anti- discrimination laws, we can help protect the rights of those who have been subjected to discrimination or harassment.

Federal laws like the New York Human Rights Law, New York City Human Rights Law, New Jersey Law Against Discrimination, Pennsylvania Human Relations Act, and Florida Civil Rights Act also have provisions that make it unlawful for employers to discriminate against employees or applicants based on a disability.

Know your rights in the workplace! An employer cannot discriminate against employees and job applicants in areas such as:

Recruitment, the arrangement for determining who should be offered employment
Hiring, the determination who should be offered employment
Compensation, the decision of the terms and conditions on which employment is offered
Working Conditions, the terms, and conditions on which the contract worker can work
Advancement, the provision of access to opportunities for promotion, transfer, training or other benefits associated with employment
Termination, the determination of which employees are dismissed
Severance, the determination of the financial terms to be given to employment upon departure

When unlawful conduct affects an individual’s job performance, employment status, or creates an intimidating, hostile, or offensive work environment, we can file a lawsuit on behalf of the injured party.

If you feel like you’ve been discriminated or wrongfully terminated against based on your disability, or if you believe that your employer engaged in unlawful employment practices, consult with an experienced Derek Smith Law Group, PLLC attorneys.

Our attorneys have years of experience litigating claims of discrimination, sexual harassment, and employee’s rights in the workplace. With offices in New York City, Philadelphia, and Miami, we have recovered millions on behalf of our clients who were subject to unlawful employment practices. Let us stand up for you and your rights when it counts. If you need an attorney in New York, New Jersey, Pennsylvania, or Florida, please give our attorneys a call, toll-free at (800) 807-2209, for your free consultation.

Verdicts & Settlements

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$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

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