Your employer generally cannot fire you because you disclosed a disability or because you requested a reasonable accommodation for a qualifying condition. However, disclosing an illness or disability does not prevent an employer from terminating you for legitimate, unrelated reasons. For employees in Westchester County, the key question is often why the employer made the decision and whether your medical condition played a role.
What Laws Protect Employees With Disabilities?
Employees in Westchester County may have protections under both federal and New York law.
The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against qualified individuals based on disability. The New York State Human Rights Law also prohibits disability discrimination and provides protections that may extend beyond those available under federal law.
These laws apply to more than termination. Disability discrimination can affect hiring, promotions, compensation, assignments, benefits, and other terms of employment.
Employers also generally must consider reasonable accommodations that allow qualified employees with disabilities to perform their jobs, unless providing the accommodation would impose an undue hardship.
Do You Have to Tell Your Employer About a Disability?
You generally do not have to volunteer private medical information simply because you have an illness or disability.
However, some disclosure may become necessary if you need a reasonable accommodation. Your employer needs enough information to understand that a medical condition is affecting your ability to perform your job and that an accommodation may be needed.
You do not necessarily have to provide your entire medical history. Depending on the circumstances, an employer may request reasonable medical documentation supporting the existence of a disability and the need for an accommodation.
Can Your Employer Fire You After You Disclose a Disability?
Yes, but not because you have a disability.
An employer can generally terminate an employee with a disability for legitimate reasons that would apply to another employee in the same circumstances. Examples might include documented misconduct, performance problems unrelated to the disability, or a genuine company-wide reduction in force.
The situation becomes more concerning when the disclosure appears to change how the employer treats you.
For example, an employee may have years of positive performance reviews before telling a supervisor about a medical condition. If that employee suddenly faces intense scrutiny, disciplinary write-ups, or termination soon afterward, the timing and surrounding circumstances may deserve closer examination.
What If You Need an Accommodation to Keep Working?
Employees with qualifying disabilities may be entitled to reasonable workplace accommodations.
An accommodation is a change that enables an employee to perform the essential functions of a job. Depending on the position and medical condition, that might involve:
- Changes to a work schedule
- Modifications to equipment or the physical workspace
- Periodic breaks
- Remote work in appropriate circumstances
- A period of medical leave
An employer should engage with the employee to determine whether an effective accommodation is available, rather than simply terminating the employee because an adjustment is needed.
Employers are not necessarily required to provide the employee’s preferred accommodation if another effective option exists, nor are they required to eliminate essential job duties.
What Are Signs Your Termination May Involve Disability Discrimination?
Most employers will not say that a termination occurred because of an employee’s medical condition. Instead, the reason given may involve performance, attendance, restructuring, or another seemingly neutral explanation.
Timing can be important, but it is rarely the only consideration. Other warning signs may include a sudden change in performance evaluations, negative comments about your medical needs, resistance to an accommodation request, or inconsistent explanations for your termination.
Comparisons can also matter. If employees without disabilities engaged in similar conduct but were treated more favorably, that difference may be relevant when evaluating whether discrimination occurred.
Can You Be Fired for Taking Medical Leave?
Medical leave can raise separate legal protections.
Depending on your eligibility and circumstances, leave may qualify as a reasonable accommodation under disability discrimination laws or be protected under the federal Family and Medical Leave Act (FMLA). Employees may therefore have overlapping rights.
Protected leave does not prevent an employer from making every termination decision. But an employer generally cannot fire you because you exercised a protected leave right or requested an accommodation involving time away from work.
What Should You Do If You Are Fired After Disclosing a Disability?
Start by preserving information that shows what happened before and after your disclosure.
Keep copies of performance evaluations, accommodation requests, medical documentation provided to your employer, emails with supervisors or human resources, disciplinary notices, and termination paperwork. Creating a timeline can also help show whether your employer’s treatment changed after learning about your condition.
If you receive a severance agreement, consider having it reviewed before signing. The agreement may contain a release that affects your ability to pursue claims for discrimination or retaliation.
Was Your Disability Really the Reason You Were Fired?
Being fired after disclosing an illness or disability does not automatically establish discrimination. But if your termination followed closely after a disclosure, an accommodation request, or protected medical leave, trust Fearless Justice to protect your employment rights. Connect with us today.