Can You Be Fired for Having a Learning Disability?




Can Your Employer Fire You for Having a Learning Disability?

 

Living with a learning disability doesn’t disqualify you from finding jobs. You can work disabled, and in fact, you may have strengths that make you an asset to a business or an organization. Acts and regulations are in place to prevent employers from discriminating against applicants and employees who have learning disabilities.

The ADA 

An employer who fires a worker or refuses to hire an applicant based on a learning disability could face serious legal consequences. The Americans with Disabilities ACT (ADA) was established to prevent businesses with more than 15 employees from discriminating against individuals with disabilities, including learning disabilities. The ADA also covers workers of labor organizations and employment agencies. Although an employer cannot fire you for having a learning disability, the company can fire you based on a fictitious application, the inability to complete job duties outlined in your work description, or if you’re a threat to yourself and others. If you’ve been wrongfully terminated, you could file a claim against your previous employer with the ADA or your state attorney general department. 

Finding Suitable Employment

Many people want to work at their dream job, but sometimes they lack the qualifications to do so. Research positions you have the education and training to excel within. If you have a learning disability, it’s best to have evaluations done prior to going on the job hunt. These evaluations can be completed by a primary care physician, a physical therapist, a counselor, and other medical professionals. Finding the right type of job prevents you from wasting time applying for positions or promotions that aren’t suitable to perform while managing your learning disability. 

Employee Accommodations 

Depending on the type of learning disability you have, an employer may need to adjust your workload and the office atmosphere to accommodate you and other employees. You can learn more about reasonable accommodations you may be eligible for by researching the ADA and any state or local regulations within your community. 

Work Strategies 

Once you’ve found the position that’s best for you, develop a strategy to ensure your disability doesn’t prevent you from keeping up with the duties outlined in your job description. Try taking notes while a team leader or supervisor is giving out directions or suggestions. Employees with disabilities can also use a recording device to tape meetings and other important conversations that play a key role in their job performance. The objective is to do as much as possible to give yourself an advantage, based on your current abilities.

 

It’s important to find the right company to work for and ensure they don’t discriminate against those who are disabled. Jobs are readily available for people with learning disabilities, and you can begin your search by browsing the listings provided by disABLEDperson, Inc. If you have any questions about employment for individuals living with disabilities, please feel free to give us a call at 760-420-1269.