Disability – Illustrations of Wrongful Termination based on Discrimination
The following are examples illustrating grounds or facts for suing an employer for wrongful termination based on disability discrimination in California:
Example 1: Failure to Provide Reasonable Accommodations
Facts: Sarah, an employee with a physical disability, has worked as an administrative assistant at a California-based company for several years. She uses a wheelchair and has requested a reasonable accommodation—an adjustable desk to accommodate her needs. The company refuses her request and insists that her current desk is sufficient.
Over time, Sarah experiences increasing discomfort and difficulty performing her job due to the lack of accommodation. Despite her continued requests, the company fails to provide the necessary desk. Sarah’s performance declines as a result, and she is eventually terminated for alleged poor job performance.
Grounds for Wrongful Termination Lawsuit:
- Discrimination Based on Disability: Sarah can argue that her termination was based on her disability, as evidenced by the company’s failure to provide a reasonable accommodation, resulting in declining job performance.
- Failure to Accommodate: Sarah can claim that the company’s refusal to provide a reasonable accommodation for her disability constitutes discrimination under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).
Example 2: Retaliation for Requesting Accommodation
Facts: James, an employee with a visual impairment, has been working for a California-based company for several years. He has successfully performed his duties with the help of assistive technology and screen-reading software. However, when a new supervisor, Susan, takes over, she expresses frustration with accommodating James’s needs.
Susan makes derogatory comments about James’s disability and insists that he should not need any special accommodations. James is uncomfortable with Susan’s attitude and files a formal request for reasonable accommodation to ensure he can continue to perform his job effectively. Shortly thereafter, he is terminated, with the company citing budget cuts as the reason.
Grounds for Wrongful Termination Lawsuit:
- Retaliation for Requesting Accommodation: James can argue that his termination was in retaliation for requesting a reasonable accommodation due to his visual impairment. The timing of his termination shortly after filing the accommodation request strengthens his case.
Example 3: Disparate Treatment Discrimination
Facts: Emily, an employee with a psychiatric disability, works as a sales representative for a California-based company. She has been open about her disability and has been successfully managing her condition with medication and therapy. However, when her supervisor changes, he begins treating Emily differently.
He frequently makes disparaging comments about mental health conditions, such as calling employees with psychiatric disabilities “unstable.” Emily overhears these comments and becomes concerned about her job security. Shortly thereafter, she is terminated for alleged insubordination, a charge she disputes.
Grounds for Wrongful Termination Lawsuit:
- Discrimination Based on Disability: Emily can argue that her termination was based on her psychiatric disability, as evidenced by her supervisor’s derogatory comments about mental health conditions and the timing of her termination following her complaints.