If My Employer Disciplines Me For A Symptom Of My Disability What Are My Legal Rights? Should I Contact An Employment Lawyer?

If your employer disciplines you because you are disabled, what can you do? If the discipline is based on a symptom of your disability, and not on poor performance or conduct, it could be a violation of the Americans with Disabilities Act (ADA). You may have legal recourse if the discipline is based on your disability.

Both the ADA and the Connecticut Fair Employment Practices Act ("CFEPA") prohibit discrimination against qualified individuals with disabilities. This means an employer cannot deny employment opportunities or take adverse actions (like discipline) against you based on your disability. It is important to remember, however, that an employer can discipline you for poor performance or misconduct, even if it is related to your disability. If, however, your performance issues are directly related to your disability, your employer must first attempt to provide reasonable accommodations to address those issues before taking disciplinary action. For example, you can be disciplined for failing to meet sales goals, unless the reason you are missing the goals is because of your disability. If your employer fails to provide or consider a reasonable accommodation, and you are disciplined for missing your sales goals, you may have grounds for a legal claim.

If you have been disciplined for a reason related to your disability, you should contact an experienced employment lawyer to help you determine if your employer's conduct violates the ADA or CFEPA. There are short timeframes for filing disability discrimination claims, so you should contact an employment attorney sooner rather than later.

If you believe that your employer's discipline was based on your disability, contact the Law Offices of Anthony J. Pantuso, III at 203-726-0284.