Disability: Discriminatory Terminations
Lawyers in Tennessee and other attorneys in other states who practice in the employment law arena sometimes are called on by a client to pursue a disability claim against an employer for an unlawful termination on the basis of a disability.
The Americans with Disabilities Act, which is administered by the Equal Employment Opportunity Commission, prohibits all forms or workplace discrimination on the basis of a qualified disability, including discrimination in the form of an involuntary termination.
Just because an employee has some type of disability does not necessarily mean that such a disabled employee is protected by the Americans with Disabilities Act from employment discrimination.
In order to fall under the protection of the Americans with Disabilities Act, there must be evidence of a mental or physical impairment that substantially limits one or more major life activities of such an individual.
What is considered to be an impairment that substantially limits major life activities is an ongoing process in the courts.
Nonetheless, if an impairment qualifies as a disability within the meaning of the Americans with Disabilities Act, it can be shown in three different ways.
It may be shown that the claimant has an existing impairment that falls within the meaning of the Act. It may be shown that the claimant ha a record of an impairment that falls within the meaning of the Act. It may be shown that the employee is regarded as having an impairment within the meaning of the law.
In addition to the Americans with Disabilities Act, employees in the state are also protected by certain Tennessee Disability Act from disability discrimination if such an employer has at least eight workers in its workplace.
Copyright © 2019 by Gordon Jackson
This document is designed to provide general information in regard to the subject matter. However, almost all legal issues turn on factual matters and are reviewed on a case-by-case basis as to whether certain laws are applicable. Therefore, neither the author or this website is engaged in rendering legal advice by providing such general information.