Can My Employer Fire Me For Filing A Discrimination Claim?

Your employer is not allowed to retaliate in any way, including terminating your employment, if you file a discrimination claim, participate in a proceeding, or disagree with an action or policy you feel is discriminatory. John R. Williams and Associates, LLC, can help you understand the laws that protect you from retaliation. There are specific criteria that need to be met for an employee to be a “covered individual,” and we will use our knowledge of this information to determine if you qualify for protection.

Can My Employer Force Me To Retire?

The short answer is no. Employers are not allowed to require employees to retire when they reach a certain age, but there are exceptions to that rule, such as public safety employees. An employer may be able to offer early retirement incentives, but voluntary retirement offers cannot be equivalent to forcing an employee to accept the offer. This means if the only other alternative to retiring puts you, as the employee, in a worse off position, then it may not be voluntary retirement. Our firm can work with you to understand if a retirement offer is voluntary or involuntary.

What Is A “Reasonable Accommodation?”

Under the reasonable accommodations requirement of the Americans with Disabilities Act (ADA), employers are required to accommodate disabled employees through certain adjustments. These accommodations could include work to make facilities accessible or modifications to equipment. Employers are not required to provide accommodations that put undue hardship on themselves or their business. We can work with you to determine if your request is a reasonable accommodation. If an employer has denied your request, we can assist you with an ADA claim.

What Medical Tests Can My Potential Employer Require Me To Take?

It is all dependent on whether the exam is considered a medical exam and at what stage of the employment process your potential employer made the request. The ADA bars employers from requiring medical exams before they have made a job offer under the ADA. Some exams do not meet the definition of a medical exam, which makes them permitted, including drug tests, physical fitness tests or physical agility tests. If you have questions regarding a medical test a potential employer requested you to do, our firm can explain its legality to you.

Schedule A Consultation To Learn More About How We Can Help

Employment law matters can significantly impact your life. For solutions to your employment law issues, call John R. Williams and Associates, LLC, at 203-562-9931 or email us to schedule your initial consultation.