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| Governmental Regulations |
| Government Regulations: Americans with Disabilities Act |
A school bus driver is dismissed from his job because he is diabetic, and school officials fear his insulin dependency may endanger schoolchildren
A nurse is discharged because a back injury prevents her from doing any lifting--one of the requirements of her job.
An employee, known to have a drug addiction, is fired because supervisors fear that he needlessly threatens the safety of others.
To most of us, these dismissals are reasonable. Unfortunately, under the guidelines of the ADA, each of these employees' terminations amounted to "discriminatory discharge," either because the employer did not make reasonable accommodations, or because the disability was protected under the ADA.
Keep the following rules in mind when terminating an employee because of an impairment or disability:
- Always consult us when terminating an employee who, in your opinion, is no longer able to perform his or her job. "Disabilities," (including not-so-obvious ones like drug addiction) are protected under the ADA.
- Be certain that we are aware an injured employee is returning to work. We will help protect you by carefully reviewing the doctor's release and helping you make necessary accommodations.
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