Can He Be Fired For His Disability

[tanya433]

My brother in-law worked for a company called e-check. In order to get the job you have to pass a test to be hired, and although he has a reading disability the passed the test. He was doing well at his job, and they promoted him to assistant manager. In order to keep that position he had to pass another test. He failed the test the first time, and they were going to make provisions for him to be read aloud to. Then they decided against it and he had to take the test by himself. He then passed the test. The HR manager did not believe the results so she came to his site and had him read some paperwork aloud. When he stumbled over some words the next day he was demoted. The wrote down that he needed to get some remedial reading on his own time. When he went to appeal his demotion he was fired for insubordination. They felt that his reading level was too low although he had been doing the job for 6mos.

Can he be fired for his disability?

Thanks for the help.
Concerned sister-in law

 

[army judge]

My brother in-law worked for a company called e-check. In order to get the job you have to pass a test to be hired, and although he has a reading disability the passed the test. He was doing well at his job, and they promoted him to assistant manager. In order to keep that position he had to pass another test. He failed the test the first time, and they were going to make provisions for him to be read aloud to. Then they decided against it and he had to take the test by himself. He then passed the test. The HR manager did not believe the results so she came to his site and had him read some paperwork aloud. When he stumbled over some words the next day he was demoted. The wrote down that he needed to get some remedial reading on his own time. When he went to appeal his demotion he was fired for insubordination. They felt that his reading level was too low although he had been doing the job for 6mos.

Can he be fired for his disability?

Thanks for the help.
Concerned sister-in law

You're mistaken.
he wasn't fired for or because of a disability.

He was fired for insubordination.

You indicated that in your post. (READ IT ABOVE, QUOTED IN MY POST)

But it doesn't matter, he need not be given any reason, except we no longer require your service, now go.

 

[cbg]

This is a fine line to walk.

No, he cannot be fired BECAUSE he has a disability.

However, if he has a disabilty that qualifies under the ADA, AND he requests a reasonable accommodation for that disability, AND there is no reasonable accommodation that can be found that will allow him to perform the essential functions of his position, THEN yes, he can be fired.

 

[Betty3]

He can't be fired because he has a disability - it's a protected characteristic. However; he can be fired for another reason that's not protected even if he has a disability or if he asks for an ADA accommodation for a disability to do his job functions & there isn't a reasonable one, he can also be fired.

 

[ElleMD]

Here is the thing, he can not legally be fired simply because he has a disability. His boss could not say she doesn't want anyone with a learning disability working there and terminate anyone who has one. However, whether he pased the test or not, if his performance isn't up to standards, then he can be fired, evn if the reason his performance suffers is because of a disability. Employers are not required to lower their standards for those who have disabilities. If he was able to pass both tests without accommodation, then it is quetsionable at best whether or not he even meets the ADA definition of disabled. Unless he is under some sort of legally binding employment agreement which guarantees the right to appeal decisions, he does not have one and can be fired for doing so. Even if there is such an agreement in place, how he went about making that claim and appealing the decision matters. We don't have any of those details.