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I am mentally handicapped since birth but I am now 34 years old and I live with my parents. I have never lived on my own. I was working up until today when I went in I was fired. I worked there for almost 5 years and almost everyone there that I work with harrassed me. Now I was fired me. I was wondering because I am mentally handicapped can they do that. I was told a while ago that they could not do that to a handicapped person. Was I told wrong or what. They fired me because of a safety rule. They said I should walk behind the guy I was working with and so I did but I had to run to keep up with him. What does the law really say about this. Tina Rabe

 
 
 
 
 
 
Tina,

The probably cannot, if they fired you because you are mentally handicapped. That is against the law; it is against the "Americans With Disabilities Act". What the Act says is that if the company or boss knows of someone's disability, they cannot discriminate against that person because of that disability.

What you must do is you have to contact the EEOC (Equal Employment Opportunity Commission) to file a complaint BOTH for discrimination based on disability and for harrasment. This is their link: http://www.eeocoffice.com/States/wisconsin/wisconsin-eeoc-offices.html

Second, you have to talk to an attorney who does discrimination law and have the attorney review your facts--you might have a suit against the company.

Sincerely,

Dimitry Alexander Kaplun, Esq.
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Question

I am mentally handicapped since birth but I am now 34 years old and I live with my parents. I have never lived on my own. I was working up until today when I went in I was fired. I worked there for almost 5 years and almost everyone there that I work with harrassed me. Now I was fired me. I was wondering because I am mentally handicapped can they do that. I was told a while ago that they could not do that to a handicapped person. Was I told wrong or what. They fired me because of a safety rule. They said I should walk behind the guy I was working with and so I did but I had to run to keep up with him. What does the law really say about this. Tina Rabe

Category: Legal
 
 
 
 
 
 

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State/Country relating to Question: Wisconsin

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Posted by Dimitry Alexander Kaplun 340 days and 1 hours ago.

Accepted Answer

Tina,

The probably cannot, if they fired you because you are mentally handicapped. That is against the law; it is against the "Americans With Disabilities Act". What the Act says is that if the company or boss knows of someone's disability, they cannot discriminate against that person because of that disability.

What you must do is you have to contact the EEOC (Equal Employment Opportunity Commission) to file a complaint BOTH for discrimination based on disability and for harrasment. This is their link: http://www.eeocoffice.com/States/wisconsin/wisconsin-eeoc-offices.html

Second, you have to talk to an attorney who does discrimination law and have the attorney review your facts--you might have a suit against the company.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

 
 
 
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Dimitry Alexander Kaplun

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