Man Waiting on Kidney Transplant Claims Employment Discrimination

December 13, 2012 (Press-News.org) A recent lawsuit highlights the rights of workers when faced with a recent disability. In Boyton Beach, Fla., a man is suing his employer after being fired three days after revealing he was approved to be on the waiting list to undergo a kidney transplant. He had been employed for 10 years in his role as a night shift manager, making $72,000 a year.

The employee did not want to quit and claims that he could have worked 40 hours a week. A doctor recommended self-cleaning dialysis, which the lawsuit claimed the employee could do over his lunch break and would not require extensive time off.

The employer claimed to the Equal Employment Opportunity Commission, the federal agency that enforces federal discrimination laws, that the dismissal was due solely for economic reasons. However, only four employees were actually dismissed for the "downsizing," all of whom were let go four months before the disabled worker was actually terminated.

Most employer/employee relationships are on an at-will basis, meaning the employer can fire an employee for any reason, or none at all. However, employees cannot be fired on the basis of certain protected classes. These classes are specifically protected under the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 and the Americans With Disabilities Act of 1990. Combined, these federal laws prohibit an employer from firing an employee based on:

-Race
-National origin
-Gender
-Religion
-Pregnancy
-Age
-Disability

Americans With Disabilities Act

The above lawsuit claimed a violation of the Americans With Disabilities Act, which protects disabled persons from discriminationin the workplace. That means that a qualified disabled worker cannot be fired on the basis of that disability. In addition, an applicant cannot be passed over simply for his or her disability.

A disabled worker must be qualified for the position. In order to be covered under the ADA, the worker or applicant must meet a legitimate skill, experience, education, or other requirements of an employment position that he or she currently has or is applying for; an employer does not have to hire any disabled person who applies. However, an employer cannot factor that disability, even if it requires reasonable accommodations on behalf of the employer, in making either a decision to hire or let go an employee.

In the case above, the employee did not claim to require any reasonable accommodation whatsoever. Yet circumstances do arise when a disabled person may require certain accommodations, such as an elevator or handicap-accessible building features.

Protected Classes

Anyone who believes he or she was fired in violation of federal law should immediately contact an experienced employment discrimination attorney to discuss his or her legal options. An employee who is fired on the basis of a protected class may potentially receive back pay, reinstatement to the position and other damages.

Article provided by Kennard Law P.C.
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