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.