Full question:
My older brother age 48 was terminated from a local non union retailer after being profiled for being too slow on the job according to some computer statistics program. I'm wondering If this is legal since my brother has adult retardation and works and lives with a handicap?
- Category: Civil Rights
- Subcategory: Disabled
- Date:
- State: National
Answer:
The legality of your brother's termination depends on whether his disability affects his ability to perform essential job functions. The Americans with Disabilities Act (ADA) protects qualified individuals with disabilities from employment discrimination. Under the ADA, mental retardation is considered a disability.
To be protected under the ADA, an employee must be able to perform the essential functions of their job, with or without reasonable accommodations. Employers are not required to exempt employees from job responsibilities or to overlook violations of established work policies. However, they must provide reasonable accommodations, which may include flexible work schedules, minor modifications in supervision, or adjustments to job duties.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.