Can employers terminate an employee due to a disability?

In California, employers may not terminate an employee due to a disability as it is unlawful under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). These laws protect individuals from discrimination on the basis of disability, so that employers may not terminate or refuse to hire an employee solely because of a disability. However, employers may still terminate employees with disabilities, as long as the termination is for a legitimate and non-discriminatory reason. For example, an employee may be fired if their performance does not meet the employer’s expectations or due to legitimate disciplinary issues. A termination due to a disability is only allowed if it is decided that the employee cannot perform their job safely or reasonably, even with accommodations. Employers and employees should be aware that if an employee is terminated because of a disability, they may be able to pursue legal action against their employer. If an employee believes their termination was due to discrimination, they can file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH can investigate the complaint and take legal action if there is evidence that the employer violated the law. In summary, employers in California may not terminate an employee due to a disability; however, in some cases, employers may still terminate an employee if the employee cannot perform their job with or without accommodations for their disability. If an employee believes their termination was due to discrimination, they can file a complaint with the DFEH.

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Can employers terminate an employee due to a disability?

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