Summary
You have rights, and your employer has to be fair. But you also have a responsibility to speak up if you need help to do your job because of a disability. If your disability makes it hard to do your job, and you need something changed (like special equipment or different hours), then you do need to tell your boss. If you don't tell them, and you can't do your job well, your boss can fire you for not doing your job, not because you have a disability.
Can I Be Fired for My Disability? also appears on our Substack Newsletter, Making Work Accessible, as part of our Tough Topic Thursdays series.
Tough Topic: Can I Be Fired?
Yes, in some cases, you can be fired for not disclosing a disability. But, only if the disability is preventing you from performing the essential functions of your job! If your performance suffers and your employer isn’t aware of a disability or need for accommodation, they could potentially fire you for performance issues.
However…
Employers cannot ask about disabilities before a job offer. The Americans with Disabilities Act (ADA) prohibits employers from inquiring about an applicant’s disabilities during the hiring process. This protects individuals from discrimination based on their disabilities. You have no obligation to disclose disabilities before hiring, which ensures evaluation based on abilities.
If you have an apparent disability, an employer can ask very limited questions about that disability. Specifically, the employer can ask whether the disability impacts your ability to perform essential job functions. They may also ask if you need accommodations.
Note that in some cases, lying on a job application or interview or falsifying medical records can be considered fraud, which can have legal consequences.
Disclosing a Disability
In most cases, you can decide to tell your employer about a disability or not. If you do disclose a disability, the law requires employers to keep that information confidential and in separate medical files.
If your disability affects your ability to perform your job, and you need a modification to the workplace or job duties to do so, you must disclose your disability and request a reasonable accommodation.
Once an employee informs an employer of a disability and the need for accommodation, the employer must engage in an “interactive process” to determine if a reasonable accommodation can be provided. This involves working with the employee to identify suitable accommodations that would allow them to perform the essential functions of their job.
Accommodations may involve making changes to the work environment, providing assistive devices, or modifying job duties. If an employee cannot perform their current job with reasonable accommodation, the employer must also consider transferring them to another suitable position within the organization.
The Tough Answer: No
If an employee can perform the essential functions of their job with reasonable accommodation, the employer cannot terminate their employment based on their disability. Valid reasons for terminating a disabled employee include a direct threat to health or safety in the workplace, or if the termination is unrelated to the disability, such as performance issues.
The ADA also protects individuals who are “regarded as” having a disability, even if they don’t actually have one. If an employer fires you because they perceive you to have a disability, that could also be a form of discrimination.
Employee Obligations
While the ADA protects individuals with disabilities from discrimination, it also requires employers and employees to both engage in the interactive process. The employer and employee collaborate to identify and implement reasonable accommodations. If an employee fails to disclose their disability, fails to engage in the interactive process, or rejects reasonable accommodations (and, as a result, cannot perform their job duties), the employer may have grounds for termination.
Remember: The ADA applies to employers with 15 or more employees.
Resources for Employees and Employers
- Equal Employment Opportunity Commission (EEOC): The ADA – Your Employment Rights as an Individual With a Disability
- EEOC: Disability Discrimination and Employment Decisions
- EEOC: EEOC Sues All Day Medical Care Clinic for Discriminating Against Employee for Not Disclosing Disability During Job Interview
- AskJAN: If We Had Known…
- US Department of Labor (DOL): Employers and the ADA – Myths and Facts
- DOL: Employment Laws: Disability & Discrimination
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In Summary
You have rights, and your employer has to be fair. But you also have a responsibility to speak up if you need help to do your job because of a disability. If your disability makes it hard to do your job, and you need something changed (like special equipment or different hours), then you do need to tell your boss. If you don't tell them, and you can't do your job well, your boss can fire you for not doing your job, not because you have a disability.