Michelle Cohen Levy

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Can you be fired for needing reasonable accommodations?

| Oct 7, 2020 | Workplace Discrimination |

You were having a day out with friends when you tripped and fell. As a result of the fall, you broke your ankle. Your job is one that requires you to stand most of the day, so when you arrived at work, you let your employer know that you were going to need to be accommodated to work in the same position.

Your employer didn’t seem happy, and they told you to go home until they could figure out how to handle the situation. The next day, they called you and said that they didn’t want you to return to the job.

It’s normally the responsibility of an employer to provide you with reasonable accommodation for any disability that you have. At the moment, you can’t stand, so your employer should offer you a stool, additional breaks or even a slight change in position, so you can still work.

Are there exceptions to providing reasonable accommodations?

There are exceptions, like if providing you a reasonable accommodation would create an undue hardship for your employer or would put others’ safety at risk, but in most cases, that’s not likely.

What should you do if your employer doesn’t provide you with reasonable accommodation?

If they refuse to provide you with a reasonable accommodation or a different position, then you may have a case against them for violation the Equal Employment Opportunity Act. Additionally, if you are terminated because of your disability, then you may be able to file a wrongful termination claim against your employer for their actions. Your attorney can give you more details and talk to you about your potential case.