Can employers terminate an employee due to a disability?

Employers in North Carolina are generally prohibited from discriminating against employees due to their disability. This means that an employer cannot terminate an employee solely based on the employee’s disability. However, employers may be able to terminate an employee due to their disability in certain circumstances. For example, the employer could terminate the employee if their disability would prevent them from adequately performing the essential functions of their job, even with reasonable accommodation. Additionally, employers may terminate an employee if their disability-related absenteeism or tardiness prevents them from adequately performing their job. In order to terminate an employee due to their disability, there must be an individualized assessment of the employee. This means that the employer must consider the particular employee’s abilities, with or without reasonable accommodation, and make an informed decision about whether the employee can adequately perform the essential functions of their job. If an employer decides to terminate an employee due to their disability, the employer must be able to demonstrate that the employee would be unable to perform the essential functions of the job, even with reasonable accommodations. Otherwise, the employer could be held liable for discrimination.

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Can employers terminate an employee due to a disability?

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