Can employers terminate an employee due to a disability?
In the state of Washington, employers may not terminate an employee on the basis of a disability. Washington State has passed a law that protects employees with disabilities from being discriminated against in the workplace. Under the law, employers are required to make reasonable accommodations for employees with disabilities. Reasonable accommodations could include providing modified work schedules, making physical changes to the workplace, and providing assistive technology to workers with disabilities. However, if an employee is unable to perform the essential functions of their job due to a disability, with or without reasonable accommodations, the employer can lawfully terminate that employee. In such a case, the employer is not required to keep the employee on staff due to the disability. Furthermore, an employer can terminate an employee for any reason other than a disability. It is important that employers understand the law regarding disability in Washington State. Employers should not discriminate against workers with disabilities and ensure that reasonable accommodations are in place before making a decision to terminate an employee. If an employer is found to have violated the law, they may face criminal penalties or be required to pay the employee back pay.
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