Employers hire professionals based on their job history, education and functional capabilities. Anti-discrimination statutes require that employers provide equal consideration to those who can perform job tasks with accommodations as they extend to those who can do the job unassisted.
Sometimes, previously successful employees experience medical challenges that compromise their ability to continue working a particular job. Can employers terminate workers who lose functional capacity due to injuries or illnesses, or are they at risk of discrimination lawsuits if they fire a worker who cannot perform important job functions?
Records should support employer claims
In cases where the decision to terminate a worker relates to an acquired medical condition, the company may need to maintain thorough internal records to validate that the decision was not discriminatory but rather the result of the employee’s inability to perform necessary functions. Workers may sue if they believe a termination was wrongful.
If the company cannot accommodate the worker without facing undue hardship or if the worker truly cannot meet company requirements anymore due to their new medical limitations, the employer can theoretically proceed with the termination without risking a discrimination lawsuit. Especially if the worker refuses a transfer to a better-suited position, defending the termination in court is possible.
The more documentation the company has of performance issues and the demands of the job, the easier it may be to push back on claims that the firing was inappropriate and unlawful. Managers and other business leaders realizing that a worker can no longer perform critical job functions may need to discuss their employment law concerns with a legal professional.
Having assistance when responding to employment litigation stemming from disability discrimination claims is of the utmost importance for the reputation of a California organization. Managing scenarios like this is not a DIY project.