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 answer mainly depends on whether his retardation prevented him from performing the essential functions of the job. It is possible that his disability prevents him from being qualified to perform the required tasks within the required timeframe.
The Americans with Disabilities Act (ADA) prohibits discrimination in employment against qualified individuals with disabilities. Under the Act, mental retardation qualifies as a disability. The employee must be qualified to do the essential functions of the job, with or without accomodation, to be a qualified person entitled to protection under the ADA. Employers are not required to relieve employees of work responsibilities or excuse them from violations of established work policies. But employers are required under ADA law to make "reasonable accommodations" for mentally disabled employees. These may include leaves of absence; minor modifications in work policy, supervision, or job position; or flexible work schedules.
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.
