Can employers terminate an employee due to a disability?

Yes, an employer in Virginia is allowed to terminate an employee due to a disability under certain circumstances. The Americans with Disabilities Act (ADA) does not prevent them from doing so. However, there are laws in place that protect employees from being terminated due to a disability. The Virginia Human Rights Act (VHRA) makes it illegal for an employer to terminate an employee because of their disability, unless their disability interferes with their ability to do their job. For example, if the employee has a physical disability that prevents them from performing their required duties or if the employee has a mental disability that causes disruptions in the workplace, then employers can legally terminate the employee. Additionally, employers must provide reasonable accommodations for disabled employees and must demonstrate that these accommodations are necessary for them to be able to perform their job and that they would not pose an undue burden on the employer. The employer has the right to ask an employee to provide medical documentation to prove their disability. Even if an employee is subject to termination due to their disability, the employer must still provide them with a severance package that includes adequate notice and their full wages. In some cases, the employee may also be eligible for unemployment benefits. Overall, employers in Virginia are allowed to terminate an employee due to a disability, but must first consider the legal protections afforded to disabled employees.

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Can employers terminate an employee due to a disability?

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