Can a disabled person be fired from a job?
Yes, a disabled person can be fired from a job in Delaware. However, there are certain conditions under which an employer cannot make the decision to fire an employee. Under the Americans with Disabilities Act (ADA) and the Delaware Code, employers are not allowed to discriminate against a qualified job applicant or employee because of disability. This means that employers in Delaware cannot fire an employee due to their disability, unless it would cause "undue hardship" for the employer. This means that the employer must prove that the firing is necessary in order for them to comply with safety regulations, or due to the employee’s inability to perform their job properly. In addition, employers in Delaware must make reasonable accommodations for a disabled employee, unless it would cause a significant financial or administrative burden. This means that employers in Delaware must look into making adjustments to a job or the work environment in order to accommodate the disabled employee. For example, if the employee needs a special chair, then the employer must provide it, if the employer is financially able to do so. When it comes to firing a disabled employee, it is important to note that employers must take the necessary steps to ensure that the termination is lawful and necessary. A disabled person also has the right to file a complaint against their employer if they feel their disability was the sole reason for their termination.
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