Can a disabled person be fired from a job?
In Virginia, just like in many other states, a disabled person can be fired from a job. Under the Americans with Disabilities Act (ADA), employers cannot discriminate against individuals who have a disability or are perceived to have a disability. However, employers are allowed to make decisions based on an individual’s ability to complete the job duties. If an employer fires a person because of their disability, the employee may have a legal claim. To get compensation, the employee must be able to prove the employer’s primary motive was to discriminate against them based on their disability. Additionally, an employer can terminate an employee’s employment if the employee is unable to perform the essential duties of the job, with or without reasonable accommodation. If an employee believes they have been terminated because of their disability, they can contact the U.S. Equal Employment Opportunity Commission (EEOC) or the Virginia Division of Human Rights. The EEOC will investigate the allegations and determine what action to take. In conclusion, in Virginia, a disabled person can be fired from a job. However, employers are prohibited from discriminating against individuals with disabilities and must instead make decisions based on an individual’s ability to complete the job duties. Individuals who feel they have been fired because of their disability can file a complaint with the EEOC.
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