Pennsylvania is an at-will employment state, which generally means an employer can terminate an employee at any time, for any reason, or for no reason at all. However, at-will employment does not allow discrimination. Both federal and Pennsylvania law prohibit employers from firing an employee because of a disability. If your termination violates these protections, you may be able to file a lawsuit under federal or state statutes and could be entitled to financial compensation.
Laws Protecting Employees With Disabilities
Several federal and state laws protect employees from discrimination based on disability:
- Americans with Disabilities Act (ADA): The ADA prohibits discrimination against qualified individuals with disabilities in hiring, promotions, and other employment practices. While employers can terminate employees, they cannot do so because of a disability.
- Pennsylvania Human Relations Act (PHRA): This state law provides protections similar to the ADA. PHRA claims are filed in state court, whereas ADA claims are filed in federal court.
- Rehabilitation Act of 1973: Applicable primarily to employees working for federal agencies or federal contractors, this law requires employers to provide reasonable accommodations unless doing so would cause undue hardship. An employer must have a valid justification if they deny an accommodation.
Disclosing Your Disability
To benefit from these protections, you generally need to inform your employer of your disability or request accommodations. Employers must either know or reasonably should know about your condition. If a disability is not disclosed and is not obvious, proving discrimination can be difficult. Disclosure can happen during the hiring process, when requesting reasonable accommodations, or whenever it becomes necessary to explain job-related limitations.
How to Prove Wrongful Termination Due to a Disability
Employers rarely admit that a disability is the reason for termination. Often, they may provide another reason, or make working conditions so difficult that an employee feels compelled to resign—known as a constructive discharge.
You may need circumstantial evidence to show the true reason for termination. Examples include:
- Termination shortly after taking medical leave or requesting accommodations.
- A sudden decline in performance evaluations after disclosing your disability.
- Inconsistent or changing explanations for your termination.
- Disparate treatment compared to non-disabled coworkers.
- Failure to engage in the interactive process for accommodations.
- Enforcement of workplace rules that were previously ignored.
- Social exclusion or mistreatment after the employer learns of your disability.
An experienced employment lawyer can help identify and gather the evidence necessary to support your claim.
Contact the Philadelphia Employment Lawyers at The Gold Law Firm P.C.
If you have experienced workplace discrimination or have been terminated due to a disability, it is crucial to seek legal guidance promptly. The Philadelphia employment lawyers at The Gold Law Firm P.C. can help you understand your rights and explore your options. Schedule a free consultation by calling 215-569-1999 or by submitting an online contact form. Our offices are located in Philadelphia and Pennsauken, NJ, and we serve clients throughout Pennsylvania and New Jersey.
