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AttorneyTom, Lawyer
Category: Employment Law
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My daughter was fired from KMart after 32 years - reason given

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My daughter was fired from KMart after 32 years - reason given was hearing problems, she has a hearing aid and has worn it since she was 3 years old. I believe it is illegal to fire someone for health reasons?
Submitted: 5 years ago.
Category: Employment Law
Expert:  AttorneyTom replied 5 years ago.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.
It is unlawful to terminate or otherwise discriminate against an employee based on her disability. An employer has a duty to work with an employee to discover and to make reasonable accommodations that will allow the employee to perform the job and, as long as reasonable accommodations can allow her to perform the job, the employer must provide them. Reasonable accommodations can even include transfer to another open position. If your daughter was terminated due to a disability, she can file a complaint with the EEOC or the Minnesota Department of Human Rights. The Department will investigate the matter and it may attempt to reach a settlement. If that cannot be done, the Department will issue a right to sue and your daughter can then file a suit herself.
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