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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5733
Experience:  Exclusively practice labor and employment law.
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Recently I was terminated after turning in ADA form and documentation

Customer Question

Recently I was terminated after turning in ADA form and documentation from doctor stating the seriousness of my condition. HR stated they couldn't transition me into another position or make accomadations for and fired me while out sick as I haven't been able to perform my job duties. What should I do in this situation. Should I speak with the EEOC or an attorney. I'm in the state of Texas.
Submitted: 2 years ago.
Category: Employment Law
Expert:  John replied 2 years ago.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. I'm sorry to hear about your job loss.
The Americans with Disabilities Act ( ADA) prohibits discrimination on the basis of disability and has a three-part definition of disability. Under ADA, an individual with a disability is a person who: (1) has a physical or mental impairment that substantially limits one or more major life activities; OR (2) has a record of such an impairment; OR (3) is regarded as having such an impairment. As long as an employee can do the job, he cannot be discriminated against for these reasons. A physical impairment is defined by ADA as "any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine." Neither ADA nor the regulations that implement it list all the diseases or conditions that are covered, because it would be impossible to provide a comprehensive list, given the variety of possible impairments.
The issue in your case appears to be that the employer didn't even engage in the interactive disability process with you to determine if you could do any of the work with an accommodation. What I'd recommend you do is retain a local employment attorney and consider filing an ADA discrimination action for failure to accomodate. You'd first have to file a charge with the Equal Employment Opportunity Commissision before filing a lawsuit.
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Expert:  John replied 2 years ago.
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