There is one job that I omitted from my resume, and that was simply because I got fired for having a major health problem. In February 2022, Valentine’s Day to be exact, I started the job but had to leave early because I was suffering from diabetic keto acidosis and almost died that same night. No, I had no clue I was diabetic.
In the two months that I was navigating my diagnosis, I was terminated from the position. It was all on the basis of disability. Let me remind you of several laws:
- Americans with Disabilities Act (ADA):
- Enacted in 1990, the ADA is a landmark piece of legislation in the United States aimed at protecting individuals with disabilities from discrimination in various aspects of life, including employment.
- Under the ADA, employers with 15 or more employees are prohibited from discriminating against qualified individuals with disabilities in hiring, promotion, job assignments, termination, and other employment practices.
- The law also requires employers to provide reasonable accommodations to qualified employees with disabilities, ensuring they have equal opportunities in the workplace.
- Rehabilitation Act of 1973:
- Section 504 of the Rehabilitation Act prohibits discrimination against individuals with disabilities in programs receiving federal financial assistance, including many employers.
- Additionally, Section 501 of the Rehabilitation Act requires federal agencies and contractors to take affirmative action in hiring individuals with disabilities and prohibits discrimination in employment practices.
- Fair Employment and Housing Act (FEHA) (California, USA):
- FEHA is a state law in California that prohibits discrimination and harassment based on various protected characteristics, including disability.
- Employers covered by FEHA must provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship.
- Canadian Human Rights Act (CHRA) (Canada):
- In Canada, the CHRA prohibits discrimination in employment based on various grounds, including disability.
- Employers are required to accommodate the needs of employees with disabilities to the point of undue hardship, ensuring they can perform their job duties effectively.
Companies that fail to comply with laws prohibiting disability discrimination and failure to provide reasonable accommodations may face legal consequences, including:
- Lawsuits filed by aggrieved employees or former employees.
- Monetary damages, including compensation for lost wages, emotional distress, and punitive damages.
- Reputational damage and loss of business opportunities.
- Remedial measures imposed by regulatory agencies, such as fines and mandatory training on anti-discrimination policies.
People reading this, may think I’m being overtly bitter. However, it is my civic duty to write this, as someone with not only a chronic illness, but someone who also has a learning disability. I can only hope this will encourage people to write to their senators and congressmen/women and just speak up. I cannot believe that I, myself, forgot to use my powerful voice.
Speaking up starts with awareness and education about employees’ rights under the law. Many individuals with disabilities may not be fully aware of their legal protections or may feel hesitant to assert their rights. By fostering a culture of awareness and education, employees should feel empowered to speak up when they experience discrimination or require accommodations.
xoxo,
a very furious, tired, and teary-eyed April
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April Federico 