Category: Americans with Disabilities Act

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Wrongfully Terminated After Medical Leave? Know Your Rights

Medical care, hospital - Family Leave Lawyers Helmer Friedman LLP.

Fired While Sick: The Truth About Wrongful Termination

Imagine dedicating nearly two decades of your life to a company, only to find yourself facing the distressing possibility of losing your job right after requesting time off for a vital surgery. For many, the fear of job loss during such a challenging time can be truly overwhelming and heart-wrenching. While it’s true that most employment in the United States operates under “at-will” policies—allowing employers to terminate employment for almost any reason—it’s essential to recognize that there are crucial legal protections in place to shield workers from discrimination and retaliation.

Being let go simply for asking for or taking medical leave is not only profoundly unfair, but in many places, it is also illegal. Federal laws like the Family and Medical Leave Act (FMLA), along with various state regulations, exist to protect employees who are prioritizing their health during particularly difficult times. It’s so important to understand the differences between “at-will” employment and unlawful retaliation. Taking this first step can empower you to stand up against any unjust dismissal you might be facing. Your health and rights are incredibly significant, and knowing when to seek support is vital in navigating these tough situations. You are not alone in this, and there are resources available to help you.

Understanding Wrongful Termination and Medical Leave

Wrongful termination, also known as wrongful discharge, occurs when an employer fires an employee for reasons that violate public policy, employment contracts, or statutory laws. While employers have broad discretion in hiring and firing, they cross a legal line when the termination is motivated by an employee’s protected activity—such as requesting medical leave.

Several key federal and state laws establish these protections:

  • The Family and Medical Leave Act (FMLA): This federal law provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for serious health conditions. Firing an employee for exercising their right to FMLA leave is a clear violation.
  • The Americans with Disabilities Act (ADA): The ADA mandates that employers provide “reasonable accommodations” for qualified employees with disabilities, which can include modified work schedules or medical leave. Terminating an employee for requesting such an accommodation is illegal.
  • State-Specific Protections: States like California offer robust additional safeguards. The California Fair Employment and Housing Act (FEHA) and the California Family Rights Act (CFRA) prohibit discrimination based on disability and medical condition, often covering smaller employers than federal laws do.

When an employer fires a worker shortly after a leave request, citing vague “performance issues” or minor policy infractions, it often points to pretextual reasoning—a false reason given to cover up the true, illegal motive.

Case Study: A Battle for Rights in New York

Legal battles regarding medical leave often reveal patterns of employer retaliation. A recent lawsuit filed in the Southern District of New York highlights the severity of these allegations. Nidya Cabrera, an accountant with nearly 20 years of tenure, sued her employer, Swissbit NA, Inc., alleging she was fired after requesting leave for epilepsy surgery.

According to the complaint filed in November 2025, Cabrera suffered from epilepsy and other health conditions that substantially limited her major life activities. After requesting a week of leave for surgery to implant a Vagus Nerve Stimulator, her request was allegedly denied by the CFO, who cited workload concerns. When she was eventually able to undergo the surgery months later, she claims she was forced to return to work almost immediately, forgoing recommended recovery time.

The situation escalated when Cabrera was terminated in April 2024. The company cited an unauthorized phone purchase as the reason for dismissal—a claim Cabrera disputes, arguing it was a pretext for discrimination and retaliation against her disability and leave requests. This case underscores the reality that wrongful termination is rarely explicit; it is often disguised as a disciplinary action for unrelated matters.

Actions to Take If You Suspect Wrongful Termination

If you believe you are being targeted for termination due to a medical leave request, or if you have already been fired, immediate and strategic action is essential to protect your legal claims.

1. Document Everything

Create a detailed paper trail. Save emails, text messages, and internal memos related to your leave request and any subsequent disciplinary actions. Write down a timeline of events, noting dates, times, and the names of supervisors involved in conversations about your health or performance.

2. Protect Your Privilege: Do Not Use AI

In the digital age, it is tempting to ask Artificial Intelligence platforms for legal advice. Do not do this. Conversations with AI chatbots are not privileged and can be discovered by the opposing party in a lawsuit. If you provide an AI with inconsistent details or exaggerations, the defense can use those logs to damage your credibility at trial. Keep your sensitive information between you and your attorney.

3. Do Not Sign Severance Immediately

Employers often present terminated employees with severance packages that include a release of claims. Signing this document effectively waives your right to sue for wrongful termination. Take the document home and review it with a legal professional before putting pen to paper.

4. Consult a Wrongful Termination Lawyer

Employment law is complex, with strict statutes of limitations for filing claims. Consulting with an experienced attorney, such as the team at Helmer Friedman LLP, can help you determine if your rights were violated and what compensation you may be entitled to.

Fighting for Your Livelihood

No employee should have to choose between their health and their job. Laws like the ADA and FMLA exist to prevent exactly that scenario, but they only work when enforced. If you have been fired after requesting medical leave, recognized legal counsel can assist you in navigating the complexities of employment law and holding employers accountable for illegal retaliation.

If you suspect your rights have been violated, contact the wrongful termination lawyers at Helmer Friedman LLP for a confidential consultation.

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Uncovering the Reality of Wrongful Termination | Legal Insights

Fired after complaining about safety violations is wrongful termination.

The Silenced Workforce: Uncovering the Reality of Wrongful Termination

The meeting invitation arrives with no subject line, just a fifteen-minute block on your calendar. By the time you sit down, the decision has already been made. Your access to email is cut, your laptop is locked, and security is waiting. For thousands of workers, this isn’t a scene from a movie—it is the abrupt, jarring end to their livelihood.

While many terminations are legal business decisions, a significant number cross the line into illegality. Wrongful termination is not just a buzzword; it is a violation of civil rights that leaves devastating emotional and financial wreckage in its wake.

The Human Cost of “At-Will” Employment

In the United States, the concept of “at-will” employment is often misunderstood by employers as a blank check to fire anyone, for any reason. However, this legal doctrine has crucial exceptions. You cannot be fired for your race, your gender, your age, or for blowing the whistle on illegal activity.

Yet, it happens every day.

Consider “Michael,” a senior software developer at a major tech firm in Silicon Valley. (Names have been changed to protect privacy). After five years of stellar performance reviews, Michael raised concerns about his team’s exclusion of older engineers during a restructuring phase. Two weeks later, he was placed on a “Performance Improvement Plan” (PIP) for vague communication issues. A month later, he was gone.

“It wasn’t just the loss of income,” Michael says, reflecting on the six months he spent unemployed. “It was the gaslighting. They made me feel like I had lost my skills overnight. I questioned my sanity before I questioned their motives.”

This psychological toll is a common thread among victims. The sudden loss of identity, coupled with the immediate panic of losing health insurance and income, creates a crisis that extends far beyond the workplace.

Industry Spotlight: The Volatility of Big Tech

The technology sector, often lauded for its innovation, has become a hotbed for complex wrongful termination cases. High salaries and stock options often obscure a culture where ageism and retaliation can fester.

In the rush to streamline operations, developers and engineers are frequently swept up in mass layoffs. However, legal experts warn that these reductions in force (RIFs) can sometimes serve as cover for discriminatory practices. If a layoff list is disproportionately composed of workers over 40, or those who have recently taken medical leave, the termination may be actionable.

“Tech moves fast, and sometimes HR departments cut corners,” explains a seasoned employment attorney. “We see developers fired shortly before their stock vests, or senior staff pushed out for ‘culture fit’ when the reality is they were simply older than their managers. That is not just unfair; often, it is illegal.”

Diverse Situations, Same Injustice

Wrongful termination is not limited to corporate boardrooms or coding bullpens. It strikes across all industries:

  • The Pregnant Sales Executive: Fired days after announcing her pregnancy, under the guise of “restructuring” her territory.
  • The Injured Construction Worker: Terminated for “safety violations” immediately after filing a workers’ compensation claim for an on-the-job injury.
  • The Whistleblower: An accountant who pointed out irregularities in a quarterly report and was summarily dismissed for “insubordination.”

In each scenario, the employer attempts to create a paper trail to justify the firing. This is where the legal battleground lies—proving the stated reason is merely a pretext for the illegal one.

Understanding the Legal Framework

To fight back, you must understand the protections afforded to you. Federal laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) form the bedrock of worker protection.

Furthermore, state laws often provide even stronger shields. For instance, California’s Fair Employment and Housing Act (FEHA) offers robust protections against discrimination and retaliation that exceed federal standards.

Recourse for Victims

If you have been wrongfully terminated, the law provides several avenues for recourse. The goal of civil litigation in these matters is generally to make the victim “whole.” This can include:

  • Lost Wages: Back pay from the date of termination and potentially front pay for future lost earnings.
  • Emotional Distress: Compensation for the anxiety, depression, and reputational harm caused by the firing.
  • Punitive Damages: In cases of egregious conduct, courts may award damages specifically designed to punish the employer and deter future bad behavior.
  • Reinstatement: While rare, courts can order an employer to give you your job back.

Advice from the Front Lines

If you suspect your termination was illegal, the actions you take in the immediate aftermath are critical. Legal experts advise a strategy of documentation and caution.

1. Don’t Sign Immediately
Employers often present a severance agreement during the termination meeting, offering a payout in exchange for waiving your right to sue. “The pressure to sign is immense,” notes a legal advocate. “But once you sign that release, your case is likely over. Take the document home. You have the right to have an attorney review it.”

2. Document Everything
Write down a timeline of events leading up to the firing. Who said what? Were there witnesses? Did you send emails complaining about treatment? If you still have legal access to non-proprietary personal records, secure them.

3. Seek Counsel Early
Employment law is governed by strict statutes of limitations. Waiting too long to file a claim with the Equal Employment Opportunity Commission (EEOC) or a state agency can bar you from seeking justice.

Reclaiming Your Narrative

Losing a job is traumatic, but accepting an illegal termination is not mandatory.

“I was terrified to speak up,” admits a former wrongful termination victim who successfully settled a retaliation suit. “I thought I would be blacklisted. But standing up for myself gave me my dignity back. It reminded them that I have rights they can’t just write off.”

Wrongful termination cases are complex battles of fact and law. They require digging beneath the surface of performance reviews and official statements to find the truth. Whether you are a developer in a high-rise or a shift manager in a warehouse, your rights remain the same. If you believe your firing was unlawful, you do not have to navigate the aftermath alone. Justice is available for those willing to fight for it.

If you or someone you know has experienced wrongful termination, contact the highly experienced wrongful termination lawyers at Helmer Friedman LLP now. Our attorneys are committed to advocating for your rights and guiding you toward justice.

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The $103 Million Verdict: Age Discrimination in the Workplace

Laws protect against age, gender, race discrimination. Helmer Friedman LLP represents discrimination victims.

The $103 Million Wake-Up Call: Age Discrimination in the Workplace

For thirty-one years, Joy Slagel was a loyal employee. She built a career, managed cases, and even won awards for her customer service. But in the corporate world, three decades of experience doesn’t always guarantee respect—sometimes, it paints a target on your back. After a leadership change in 2012, the atmosphere at her workplace shifted. Older colleagues began disappearing, forced into resignation or fired outright. Slagel found herself isolated, criticized for “setting the bar too high,” and eventually terminated without explanation after returning from medical leave.

Her story isn’t an anomaly, but the outcome was historic. A Los Angeles jury recently ordered her former employer, Liberty Mutual Insurance Co., to pay $103 million in damages. The verdict sends a thunderous message to boardrooms across America: discriminating against older workers is not just unethical; it is a massive financial liability.

Age discrimination remains a pervasive, often silent issue in the modern workforce. While we frequently discuss diversity in terms of race and gender, age bias often flies under the radar until it causes irreparable harm to careers and health. Whether it manifests as a subtle comment about “fresh energy” or a blatant firing of senior staff, ageism is illegal, harmful, and costly.

Federal Age Discrimination Laws

Understanding the Age Discrimination in Employment Act (ADEA)

At the federal level, the primary shield against this bias is the Age Discrimination in Employment Act of 1967 (ADEA). This law explicitly protects individuals who are 40 years of age or older from employment discrimination based on age. It applies to both employees and job applicants.

Under the ADEA, it is unlawful to discriminate against a person because of their age with respect to any term, condition, or privilege of employment. This is a broad umbrella that covers nearly every aspect of the working relationship, including:

  • Hiring: Employers cannot refuse to hire a candidate simply because they are over 40.
  • Firing and Layoffs: Targeting older workers for redundancy during restructuring is prohibited.
  • Compensation and Benefits: Older workers cannot be paid less or denied benefits offered to younger counterparts.
  • Promotions and Training: denying career advancement or upskilling opportunities based on age is illegal.

The law applies to employers with 20 or more employees, including employment agencies, labor organizations, and federal, state, and local governments. Additionally, the Older Workers Benefit Protection Act (OWBPA) amended the ADEA to prohibit employers from denying benefits to older employees, recognizing that the cost of providing benefits should not be used to discourage hiring experienced talent.

California Age Discrimination Laws

Fair Employment and Housing Act (FEHA)

The Fair Employment and Housing Act (FEHA) is a California law that offers strong protections against age discrimination for individuals aged 40 and older. Under FEHA, age discrimination occurs when an employer treats a job applicant or employee less favorably because of age. This can include actions such as denying promotions, terminating employment, or refusing to hire someone solely based on their age. FEHA applies to employers with five or more employees and requires that all workplace decisions be based on merit and qualifications rather than age. Additionally, FEHA prohibits practices like including age preferences in job advertisements or enforcing seemingly neutral policies that disproportionately affect older workers without legitimate, non-discriminatory reasons. This law serves as a crucial safeguard, ensuring that older employees are treated fairly and have equal opportunities in the workplace.

While the Fair Employment and Housing Act (FEHA) and the Age Discrimination in Employment Act (ADEA) offer similar federal safeguards, they aim to prevent age discrimination but differ in scope and application. FEHA applies to employers with five or more employees and includes broader protections against various types of discrimination beyond age discrimination. In contrast, the ADEA specifically addresses age discrimination and applies to employers with 20 or more employees, making its coverage threshold stricter.

Another key distinction between the two laws is the age group protected. Under the ADEA, the law specifically protects individuals aged 40 and older from discrimination. FEHA, however, doesn’t explicitly set a minimum age but prohibits age-based discrimination more generally, which may allow for a broader interpretation within California. Additionally, claims under the ADEA are typically filed with the Equal Employment Opportunity Commission (EEOC), while FEHA claims are processed through the California Civil Rights Department (CRD). This emphasizes the overlap yet distinct processes these laws provide. Together, FEHA and ADEA establish a comprehensive framework to protect workers from age discrimination, especially in jurisdictions like California, where state and federal regulations intersect.

How Age Discrimination Manifests in Real Life

Bias rarely announces itself with a megaphone. Instead, it often creeps into the workplace through coded language and subtle exclusions. While the law is clear, the application of discrimination can be murky.

In hiring, it might look like job postings that seek “digital natives” or caps on years of experience, effectively filtering out older applicants before they even apply. In the office, it can be social exclusion—being left out of meetings, overlooked for challenging assignments, or subjected to “jokes” about retirement or adaptability to technology.

The most damaging forms often occur during restructuring. Companies looking to cut costs often target higher-salaried employees, who tend to be older workers with long tenure. If a layoff disproportionately affects those over 40, it may violate the ADEA.

Similarly, promotions may be withheld under the guise that an older employee “lacks long-term potential” or “isn’t a cultural fit,” phrases that often serve as smokescreens for bias.

Anatomy of a Verdict: The Liberty Mutual Case

To understand the severity of age discrimination, one need look no further than the recent case against Liberty Mutual. The details, as presented in court, paint a disturbing picture of a systematic effort to push out older workers.

According to court filings, the environment at Liberty Mutual shifted dramatically around 2012 following the promotion of a new regional claims manager, Ariam Alemseghed. The complaint alleged that a pattern emerged where employees in their 50s and 60s were forced to resign. Eventually, of the approximately 120 employees in the department, only two were over 40. Joy Slagel was one of them.

The harassment Slagel endured was calculated. Despite a spotless 30-year record, she was suddenly criticized for being a bad team player. The complaint detailed how she was ignored during morning greetings and singled out during meetings. When she won a customer service award and a $1,000 gift for her exemplary work, the regional manager allegedly undercut the achievement by telling her she “got lucky” and that it “would never happen again.”

The stress of this hostile environment took a physical toll. Slagel’s blood pressure worsened, forcing her to take a short-term disability leave. While she was away, the company sent a courier to retrieve her laptop—an unusual move that foreshadowed her fate. Upon her return, her access badge had been deactivated. She was called into a conference room and fired, effective immediately. She was replaced by a white male in his late 20s.

The jury’s verdict—$20 million in compensatory damages and $83 million in punitive damages—was a direct rejection of these tactics. Justin Shegerian, the lead trial attorney, stated that the verdict is a “resounding message” that juries will hold employers accountable for such harm.

Strategies for Employees Facing Discrimination

If you suspect you are being targeted because of your age, it can feel isolating. However, there are steps you can take to protect yourself and build a potential case.

Document Everything

Paper trails are essential. Keep a detailed record of discriminatory comments, exclusion from meetings, or sudden negative shifts in performance reviews that contradict your actual output. In the Liberty Mutual case, the timeline of events—from the leadership change to the specific comments made during the award ceremony—helped establish a pattern of behavior.

Know Your Rights Regarding Waivers

Employers sometimes ask departing employees to sign waivers releasing the company from ADEA claims, often in exchange for a severance package. Under the OWBPA, these waivers must meet strict standards to be valid. You must be given at least 21 days to consider the agreement and seven days to revoke it after signing. Most importantly, you should be advised in writing to consult an attorney. Do not sign away your rights without legal counsel.

Oppose the Behavior

Retaliation for opposing discriminatory practices is illegal. If you report age discrimination to HR or file a charge, and your employer punishes you for it, that retaliation is a separate legal violation.

For employers, the $103 million verdict against Liberty Mutual should serve as a stark warning. The costs of age bias extend far beyond legal fees; they damage reputation, morale, and institutional knowledge.

“This verdict is a resounding message to corporations nationwide: age discrimination is illegal, it is harmful and juries will hold employers accountable,” Justin Shegerian, lead trial attorney and founder of Shegerian & Associates, said in a statement.

Preventing discrimination starts with culture. Employers must ensure that performance reviews are based on objective metrics, not subjective feelings that can mask bias. Leadership training is crucial—managers need to understand that comments about “fresh blood” or “digital natives” can be evidence of discriminatory intent.

Furthermore, audits of hiring and firing practices can reveal statistical anomalies before they become lawsuits. If a reduction in force impacts 80% of your workforce over 50, you have a problem. Building an inclusive workplace means valuing experience as an asset, not a liability.

Upholding Dignity in the Workforce

Joy Slagel gave 31 years to a company that ultimately treated her as disposable. The jury’s decision to award her over $100 million restores a measure of justice, but it cannot undo the stress and indignity she suffered.

Age discrimination is not merely a legal issue; it is a human one. We will all age. Creating a workplace that respects tenure and experience protects everyone’s future. Whether you are an employee facing bias or an employer seeking to avoid liability, understanding the high stakes of age discrimination is the only way forward.

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Wrongful Termination After Medical Leave: Know Your Rights

Suffering a heart attack is frightening. Laws protect from wrongful termination after serious illnesses.

When Medical Leave Ends in Wrongful Termination

An employee suffers a major health crisis, takes legally protected medical leave, and keeps their employer informed. Yet, upon recovery, they find their job has been terminated. This scenario is not just a hypothetical; it is an unfortunate reality for many workers. In the United States, an estimated 150,000 workers are illegally fired or retaliated against each year for taking family or medical leave. This act, known as wrongful termination, violates federal and state laws designed to protect employees during their most vulnerable times.

Wrongful termination occurs when an employer fires an employee for an illegal reason, such as discrimination or in retaliation for exercising a legal right. Laws such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) provide crucial protections for employees who need time off for serious health conditions. Understanding these rights is the first line of defense against unlawful employment practices. This article will explore what constitutes wrongful termination after medical leave, examine a real-world case, and outline the steps you can take if you believe your rights have been violated.

Understanding Your Right to Medical Leave

Federal law provides a safety net for employees who need to take time off for significant health issues, either their own or a family member’s. The primary law governing this is the Family and Medical Leave Act (FMLA).

Eligibility and Rights Under the FMLA

The FMLA allows eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. To be eligible, you must:

  • Work for a covered employer (private-sector employer with 50 or more employees, public agencies, or schools).
  • Have worked for the employer for at least 12 months.
  • Have worked at least 1,250 hours during the 12 months before the start of leave.
  • Work at a location where the employer has at least 50 employees within 75 miles.

Under the FMLA, eligible employees can take up to 12 weeks of leave in 12 months for a serious health condition that prevents them from performing their job. During this leave, your employer is legally obligated to maintain your group health insurance coverage under the same terms as if you had continued to work. Most importantly, upon your return, you must be restored to your original job or an equivalent position with the same pay, benefits, and other terms of employment.

Employer Obligations and Restrictions

Employers cannot interfere with, restrain, or deny the exercise of any FMLA right. They are also prohibited from retaliating against an employee for taking FMLA leave. This means they cannot fire, demote, or otherwise discipline you simply because you took necessary medical leave. They must hold your job open for you and cannot use your absence as a justification for termination.

What Constitutes Wrongful Termination After Medical Leave?

Wrongful termination after medical leave occurs when an employer fires an employee for reasons that violate the FMLA, ADA, or other applicable state laws. It is not about being fired for a reason you disagree with; it is about being fired for a reason that is legally prohibited.

Examples of unlawful actions include:

  • Direct Retaliation: Firing an employee specifically for taking approved medical leave.
  • Pretextual Termination: Firing an employee for a fabricated reason, such as “poor performance” or “job abandonment,” when the real reason is their medical leave.
  • Disability Discrimination: Terminating an employee due to their underlying medical condition, which may be considered a disability under the ADA. The ADA requires employers to provide reasonable accommodations for employees with disabilities, including extended leave, unless doing so would cause an undue hardship.
  • Failure to Reinstate: Refusing to return an employee to their original or an equivalent position after their FMLA leave ends.

These actions not only violate federal law but also undermine the very purpose of medical leave protections: to allow employees to address serious health needs without fear of losing their livelihood.

Case Study: Ortiz v. Elevance

The story of Mr. Ortiz unfolds as a heartbreaking example of alleged wrongful termination, illustrating the profound challenges faced by dedicated employees during times of medical crisis. After undergoing emergency open-heart surgery in February 2022, Mr. Ortiz found himself in a difficult situation, requiring an extended medical leave to recover from painful complications.

For nearly 20 years, Mr. Ortiz had been a loyal and exemplary employee at Elevance/Anthem/Blue Cross, advancing to the Senior Underwriter role with an annual salary of approximately $147,000. Throughout his tenure, he meticulously adhered to company protocols, informing his supervisor about his surgery and consistently submitting the necessary medical authorizations to extend his leave, which was officially sanctioned until February 2, 2023.

However, in a troubling turn of events in October 2022, Mr. Ortiz received an alarming email from his supervisor, accusing him of being on “unapproved leave” and threatening termination for “job abandonment” if he did not respond within three days. The letter contained a chilling warning: “you are not eligible for rehire.”

With a sense of despair but determination, Mr. Ortiz promptly reached out to his supervisor, clarifying that his leave was indeed medically authorized and expressing his unwavering desire to return to work once he received the green light from his doctors. “I have not abandoned nor do I plan on abandoning my job,” he stated poignantly in a follow-up email.

Tragically, on October 10, 2022, Mr. Ortiz was abruptly terminated. At a time when he needed support the most, the company, a well-known healthcare giant, seemed to turn its back on him. The lawsuit alleges that this termination was used as a pretext and raises concerns about discrimination, highlighting how a similarly situated white employee was allowed to take over a year of leave without penalty. Additionally, when Mr. Ortiz applied for another position within the company that matched his qualifications, he was rejected—without explanation.

This case poignantly illustrates the struggles employees face as they try to navigate their health needs while standing up for their rights. It underscores the critical importance of protecting individuals and ensuring compassionate treatment, especially during life’s most challenging moments.

What to Do If You Believe You Were Wrongfully Terminated

If you find yourself in a situation similar to Mr. Ortiz’s, it is crucial to act swiftly to protect your rights.

  1. Gather Documentation: Collect all relevant documents, including your employment contract, performance reviews, emails regarding your leave, medical certifications, and your termination letter.
  2. File a Complaint: You can file a complaint with federal or state agencies. For FMLA violations, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD). For disability discrimination, you can file a charge with the Equal Employment Opportunity Commission (EEOC). There are strict deadlines for filing, so do not delay.
  3. Consult an Employment Attorney: An experienced employment lawyer can assess the details of your case, explain your legal options, and help you navigate the complexities of filing a lawsuit. They can advocate on your behalf to seek remedies such as reinstatement, back pay, and other damages.

How Employers Can Prevent Wrongful Termination Claims

Employers can take proactive steps to ensure compliance and foster a supportive workplace culture.

  • Develop Clear Policies: Create and distribute a clear, FMLA-compliant medical leave policy that outlines employee rights and responsibilities.
  • Train Managers: Ensure all supervisors and HR personnel are thoroughly trained on FMLA, ADA, and state leave laws. Managers must understand that they cannot discipline or retaliate against employees for taking protected leave.
  • Maintain Consistent Practices: Apply leave policies fairly and consistently to all employees to avoid claims of discrimination. Document all communications and decisions related to employee leave requests.

Protecting Your Rights and Livelihood

Losing your job is devastating, but losing it illegally while recovering from a serious medical condition is an injustice no one should face. Federal and state laws were established to prevent this very outcome, ensuring that employees can prioritize their health without sacrificing their financial security.

If you believe your employer has violated your rights by terminating you after a medical leave, it is vital to understand that you are not powerless. By documenting your situation and seeking expert legal guidance, you can hold your employer accountable and fight for the justice you deserve. Do not hesitate to contact an experienced employment attorney to discuss your case and explore your options.

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Mental Health Disability Discrimination: Know Your Rights

Depression and anxiety make you feel like you're going to pieces. The ADA protects you from discrimination, harassment and wrongful termination.

Mental Health at Work: Know Your Rights

Mental health is a critical component of our overall well-being, yet it remains a subject shrouded in stigma, especially in the workplace. While conversations around mental health have become more common, employees with conditions like depression or anxiety still face significant hurdles, including the risk of discrimination and wrongful termination. Understanding your rights and the legal protections available is the first step toward ensuring fair treatment and fostering a supportive work environment.

This post will explore the legal frameworks designed to protect employees with mental health conditions, an employer’s responsibilities, and the steps you can take if you believe you have experienced mental health disability discrimination.

Legal Protections for Mental Health in the Workplace

Federal and state laws provide a strong foundation for protecting employees with mental health disabilities. The two most significant are the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA).

The Americans with Disabilities Act (ADA)

The ADA is a federal civil rights law that prohibits discrimination against qualified individuals with disabilities. This protection extends to mental health conditions that substantially limit one or more major life activities. Under the ADA, employers with 15 or more employees are forbidden from discriminating in any aspect of employment, including:

  • Hiring and firing
  • Compensation and advancement
  • Job assignments and training
  • Other terms and conditions of employment

The ADA makes it clear that employment decisions must be made based on employee qualifications rather than on stereotypes about an employee’s disability.

 

The ADA also requires employers to provide “reasonable accommodations” for employees with known disabilities, as long as it doesn’t cause “undue hardship” for the business. This is a crucial provision for employees with mental health conditions who may need adjustments to perform their jobs effectively.

California’s Fair Employment and Housing Act (FEHA)

In California, the Fair Employment and Housing Act (FEHA) offers even broader protections than the ADA. FEHA applies to employers with five or more employees and has a more expansive definition of disability. Unlike the ADA’s “substantially limits” standard, FEHA protects employees with a mental or physical condition that merely “limits” a major life activity. This lower threshold means more Californians are protected from disability discrimination.

Like the ADA, FEHA mandates that employers provide reasonable accommodations and engage in a timely, good-faith interactive process with the employee to determine an effective accommodation.

A Case Study: Fired for Depression

The real-world consequences of mental health disability discrimination are stark. A recent case involving Ranew’s Management Company, Inc., highlights the severe penalties employers can face for violating the ADA.

According to a lawsuit filed by the Equal Employment Opportunity Commission (EEOC), a Ranew’s employee informed the company of his severe depression diagnosis and requested three weeks off, as recommended by his doctor. The company’s CEO initially appeared supportive, telling the employee to take all the time he needed.

However, when the employee was cleared by his doctor to return to work six weeks later, the CEO refused to let him come back. The CEO stated he could not trust the employee to perform his job duties and terminated his employment. This action constituted a clear violation of the ADA.

As a result, Ranew’s Management Company agreed to a settlement of $250,000 in monetary damages for the employee. The company must also implement new ADA policies, conduct training for all staff, and submit to monitoring.

Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office, stated, “The ADA makes it clear that employment decisions must be made based on employee qualifications rather than on stereotypes about an employee’s disability.” This case serves as a powerful reminder that discrimination based on biases and fears about mental health is illegal and will be prosecuted.

Employer Responsibilities: Reasonable Accommodations

Employers have a legal and ethical duty to support employees with mental health conditions. A primary responsibility is providing reasonable accommodations. An accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.

Examples of reasonable accommodations for mental health conditions include:

  • Modified work schedule: Allowing for flexible hours or a part-time schedule.
  • Changes in the work environment: Providing a quieter workspace or noise-canceling headphones to reduce distractions.
  • Adjusted job duties: Reallocating non-essential tasks to other team members.
  • Leave of absence: Granting time off for treatment and recovery, as seen in the Ranew’s case.
  • Telecommuting: Permitting an employee to work from home.
  • Reassignment: Moving the employee to a vacant position that better suits their needs.

An employer must engage in an “interactive process” to find a suitable accommodation. This is a collaborative effort between the employer and employee to identify the limitations created by the disability and find a reasonable solution. Refusing to engage in this process can itself be a violation of the law.

Know Your Rights as an Employee

If you have a mental health condition, it is vital to know your rights. You are protected from discrimination, harassment, and wrongful termination based on your disability.

You have the right to:

  • Request a reasonable accommodation without fear of retaliation.
  • Keep your medical information confidential. Employers can only ask for medical information if it is job-related and necessary for the business.
  • Be free from harassment based on your disability.
  • File a charge of discrimination if you believe your rights have been violated.

If you decide to disclose your condition to your employer to request an accommodation, it is often best to do so in writing. Clearly state that you have a medical condition that requires an adjustment to your work duties or schedule. You do not need to disclose the specific diagnosis unless necessary to establish the need for accommodation.

Creating a Supportive Workplace: Tips for Employers

Forward-thinking employers understand that supporting employee mental health is not just a legal requirement but also a business imperative. A supportive workplace culture leads to higher productivity, lower turnover, and better employee morale.

Practical tips for employers include:

  • Develop Clear Policies: Create and distribute clear anti-discrimination and reasonable accommodation policies that explicitly mention mental health.
  • Train Managers and Staff: Educate all employees, especially managers, on the ADA, FEHA, and how to recognize and respond to accommodation requests appropriately.
  • Promote an Open Culture: Foster an environment where employees feel safe discussing mental health without fear of stigma or reprisal.
  • Lead with Empathy: Encourage managers to approach employees with compassion and a willingness to find solutions.
  • Be Proactive: Regularly check in with employees and offer resources, such as an Employee Assistance Program (EAP), to support their well-being.

Take Action Against Discrimination

Mental health conditions like depression and anxiety are disabilities protected under the law. Employers who make decisions based on stereotypes or fear are not just acting unethically; they are breaking the law. The financial and reputational costs of a disability discrimination lawsuit, as demonstrated by the Ranew’s case, are significant.

If you, a friend, or a family member has experienced mental health disability discrimination, harassment, or wrongful termination, you have legal options. Protecting your rights is essential not only for your own well-being but also for holding employers accountable and creating a fairer workplace for everyone.

Contact the disability discrimination attorneys at Helmer Friedman LLP for a free case evaluation to understand your rights and explore your legal options.

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Disability Discrimination in the Workplace: Know Your Rights

Disability discrimination, Age discrimination wrongful termination lawyers - Helmer Friedman LLP.

Disability Discrimination Workplace Guide

Workplace disability discrimination is a troubling issue that affects millions of Americans, causing significant distress and challenges for individuals who simply want to thrive in their jobs. Despite the existence of federal and state laws aimed at protecting workers with disabilities, many still grapple with harassment, denial of necessary accommodations, and hostile environments solely because of their physical or mental impairments.

Recent legal actions shed light on the harsh realities faced by these individuals. In September 2025, the Equal Employment Opportunity Commission (EEOC) took a stand by filing a lawsuit against Walmart Inc. for subjecting employees with intellectual disabilities to disturbing harassment, including degrading remarks like “stupid” and “slow.” Additionally, the denial of essential job coaching services added to their struggle, underscoring how pervasive and varied disability discrimination can be. This situation illustrates the profound impact of such treatment, creating unbearable conditions for these employees who deserve respect and support in their workplace.

Understanding your rights under federal and state disability laws is crucial for protecting yourself and creating truly inclusive workplaces.

Legal Framework Protecting Disabled Workers

Two primary laws protect employees from disability discrimination in the workplace.

The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees and prohibits discrimination in hiring, firing, promotion, compensation, and other terms of employment. The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities.

At the state level, California’s Fair Employment and Housing Act (FEHA) provides even broader protections, covering employers with five or more employees. FEHA often offers stronger remedies than federal law and may cover conditions not protected under the ADA.

Both laws share a common principle: qualified individuals with disabilities cannot be excluded from employment opportunities unless they cannot perform essential job functions even with reasonable accommodations.

Common Forms of Disability Discrimination

Harassment and Hostile Work Environment

Disability harassment creates a hostile work environment through offensive comments, slurs, or demeaning treatment. The Walmart case illustrates this clearly—employees faced repeated verbal abuse, including being called derogatory names and having managers shut doors on them while saying, “You are slow. You are stupid. You are done.”

Denial of Reasonable Accommodations

Employers must provide reasonable accommodations that enable employees with disabilities to perform their jobs effectively and efficiently. These accommodations might include:

  • Modified work schedules or duties
  • Assistive equipment or technology
  • Job coaching services
  • Accessible workspaces
  • Medical leave for treatment

The Walmart case also involved denial of accommodations when managers refused to cooperate with job coaches provided at no cost through Wisconsin’s Division of Vocational Rehabilitation.

Unequal Treatment in Employment Decisions

Disability discrimination can manifest in hiring practices, job assignments, promotions, or terminations based on assumptions about a person’s capabilities rather than actual job requirements.

Employer Obligations Under the Law

Employers have specific legal obligations when working with employees with disabilities.

Providing Reasonable Accommodations

Companies must engage in an interactive process to determine appropriate accommodations. This means having genuine discussions about what modifications would enable the employee to perform essential job functions without causing undue hardship to the business.

Maintaining Confidentiality

Medical information about disabilities must be kept confidential and stored separately from personnel files. Employers cannot share this information with other employees unless necessary for accommodation purposes.

Preventing Harassment

Employers must take prompt action to stop disability harassment when they become aware of it. Simply ignoring complaints or deciding that harassment “isn’t a problem” violates federal law.

Employee Rights and Protections

Workers with disabilities have several important rights in the workplace.

Right to a Non-Discriminatory Environment

Every employee deserves a workplace free from discrimination and harassment based on their disability status. This includes protection from retaliation for reporting discriminatory conduct.

Right to Request Accommodations

Employees can request reasonable accommodations at any time during their employment. The request doesn’t need to use specific legal language—simply explaining that you need assistance due to a medical condition is sufficient to start the accommodation process.

Steps to Take When Discrimination Occurs

If you experience disability discrimination:

  1. Document everything – Keep detailed records of discriminatory incidents, including dates, witnesses, and specific comments or actions
  2. Report internally – Follow your company’s complaint procedures if they exist
  3. File with government agencies – Contact the EEOC or state fair employment agencies
  4. Seek legal counsel – Consult with experienced disability discrimination attorneys who understand your rights

Building Inclusive Workplaces

Creating truly inclusive work environments requires more than legal compliance. The most successful companies proactively foster cultures of respect and accommodation, recognizing that diverse perspectives and abilities strengthen their organizations.

Employees who face disability discrimination shouldn’t have to navigate these challenges alone. If you believe you’ve experienced discrimination, harassment, or been denied reasonable accommodations because of your disability, contact experienced legal counsel to discuss your rights and options. Taking action not only protects you but also helps ensure that other workers don’t face similar treatment.

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A Guide to Reasonable Accommodations

Ability or disability mosaic ADA lawyers represent employees seeking accommodations.

Understanding Reasonable Accommodations Under the ADA

In today’s workplace, the challenges facing employees extend far beyond deadlines and deliverables. For countless Americans, the journey back to work after a life-altering event—such as cancer treatment, major surgery, or trauma from violence—carries both visible and invisible burdens. The Americans with Disabilities Act (ADA) stands as a vital safeguard for these individuals, promising equal opportunity by requiring employers to provide reasonable accommodations. Yet, time and again, too many workers find themselves confronting barriers their employers are legally obligated to remove.

Consider Maria, a dedicated professional in her mid-forties, who is navigating chemotherapy for breast cancer. Her treatment leaves her drained and susceptible to infection, making a flexible work schedule and remote work critical for her health and productivity. Despite her physician’s recommendations, she is met with resistance, her requests for adjusted hours left unanswered by management.

Or take James, who is steadily recovering from open heart surgery. He requires frequent medical check-ups and a phased return to strenuous tasks. For him, a temporary light-duty assignment is not a privilege; it’s a necessity prescribed by his doctor. But the absence of a clear accommodation plan leaves him uncertain whether compliance is valued more than his well-being.

Then there’s Elyse, bearing invisible wounds months after surviving a violent crime. Her anxiety surges in crowded offices and during emergency drills. She requests a quieter workspace and extra breaks to consult her therapist. Instead of support, she receives skepticism, her needs dismissed as personal—rather than occupational—concerns.

These examples are not anomalies; they are emblematic of the urgent, real-life scenarios that trigger the protections of the ADA. Behind every request for accommodation is a story of resilience, and too often, an uphill battle for basic fairness.

When Employers Fail to Accommodate

The impacts of denial—or even delay—can be devastating. For Maria, losing energy battling bureaucracy means less energy for her actual recovery. When James finds his return-to-work plan left unanswered, he faces not only uncertainty but the risk of compromising his fragile health. For Elyse, being denied a supportive environment compounds her trauma, sending a message that her suffering is invisible.

Each scenario highlights an uncomfortable truth: despite federal law and EEOC enforcement, employees continue to face emotional—and sometimes medical—setbacks due to employer inaction. The Equal Employment Opportunity Commission has intervened in countless cases, holding organizations accountable for failing to provide accommodations, as documented by recent legal actions. The consequences are real, the stakes personal.

A Practical Guide for Employees: How to Request Reasonable Accommodations

When navigating these situations, the responsibility to advocate for accommodations often falls on individuals already facing significant personal hardships. The following steps—grounded in the reality of workplace struggles—offer a direction forward:

1. Understand the Basis for Your Request

  • The ADA covers disabilities that limit major life activities—including medical conditions like cancer, heart disease, or severe anxiety. If you are unsure, consult your healthcare provider to determine how your condition affects your work.

2. Gather Documentation

  • Obtain supporting documents from your doctor. For Maria, a note specifying the need for flexible work arrangements during chemotherapy. For James, physical work restrictions following surgery. For Elyse, a therapist’s recommendation for breaks and a modified environment.

3. Make a Clear, Specific Request

  • Notify your employer—formally or informally—about the accommodation you need. Outline the connection between your medical need and your job duties. Precision is key: remote work, flexible hours, reduced workloads, or a private space.

4. Engage in Good-Faith Dialogue

  • Federal law requires a two-way conversation. Come prepared to discuss your needs and listen to any operational limitations your employer describes. If you’re Maria, explain how remote work ensures both your safety and continued contribution. If you’re James, detail the tasks that are currently off-limits and when you hope to resume full duties.

5. Keep Records

  • Retain all communications, written and verbal. If your request is verbal, follow up with an email. For Elyse, a personal record of her efforts can become evidence if she needs to escalate concerns.

6. Follow Up with Persistence

  • If accommodations aren’t implemented or delays persist, ask for updates and timelines. Remain professional but assertive; your health and livelihood may depend on it.

7. Know When to Seek Outside Help

  • Should your employer refuse reasonable accommodations or retaliate, seek guidance from the EEOC or a legal professional experienced with ADA rights. Do not wait until your health or well-being is endangered to act.

The Critical Role of Open Dialogue

Employees and employers alike are challenged to step into each other’s shoes. Maria’s exhaustion is real, but so are an employer’s business needs. The ADA’s interactive process is designed to bridge this gap—requiring transparency, negotiation, and empathy on both sides. When one party falls short, the process breaks down, and lives are directly impacted.

The juxtaposition is stark: a supportive response to James’s phased return empowers him to heal and reengage. In contrast, denial or delay not only risks his health but threatens to erode trust across the workplace.

When Legal Intervention Becomes Necessary

There are moments when advocacy within the workplace isn’t enough—when self-advocacy meets a wall of indifference or outright resistance. In these moments, the legal system offers recourse. Consulting an attorney or speaking to the EEOC isn’t just about individual vindication; it holds organizations accountable for upholding both the letter and the spirit of the law.

Our firm has seen firsthand the mounting emotional and financial toll when requests for accommodation are disregarded. We’ve also witnessed what’s possible when someone like Maria, James, or Elyse asserts their rights and receives the support they deserve.

The right to reasonable accommodation under the ADA is more than a legal obligation; it is a lifeline and a validation of dignity for those recovering from illness, enduring trauma, or living with chronic conditions. When faced with resistance, remember—behind every statistic is a story. By taking action, seeking support, or consulting legal counsel, you are not only advocating for yourself but establishing a precedent for workplaces everywhere.

If you recognize yourself or a loved one in Maria, James, or Elyse, know this: the law is on your side, and help is within reach. Empowerment begins with understanding your rights—and demanding they be respected.

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Everport Terminal Services Settles Disability Discrimination Lawsuit for $200,000

Disability discrimination, age discrimination lawyers in Los Angeles, Helmer Friedman LLP.

Disability Discrimination Lawsuit Settled for $200,000

Workplace discrimination remains a pressing issue, and a recent settlement involving Everport Terminal Services underscores the importance of employers prioritizing inclusivity and complying with federal disability laws. Everport Terminal Services is a key player in the shipping and logistics industry, managing container cargo at its terminals. The company collaborates with ocean carriers, trucking companies, and rail services to streamline operations.

This case involves a mechanic, employed by Everport, who faced alleged discrimination based on his disability. This lawsuit not only brings attention to the rights of disabled employees but underscores the ultimate necessity for workplaces to adopt accommodations that promote equity.

The Case at a Glance

“I wanted to work within the restrictions set by my doctor,” expressed the mechanic, reflecting on his experience. “When I showed up to accept the offer of modified duty, it was painful to be turned away.”

The Equal Employment Opportunity Commission (EEOC) filed a case against Everport Terminal Services, alleging violations of the Americans with Disabilities Act (ADA). According to the lawsuit, the company failed to provide reasonable accommodations for the mechanic, despite being aware of his disability. Additionally, the mechanic reportedly faced workplace conditions that were not only noncompliant with ADA standards but also allegedly detrimental to his ability to perform his job effectively.

Without admitting liability, Everport Terminal Services agreed to a $200,000 settlement to resolve the case. Along with financial compensation, the settlement requires the company to revise its disability accommodation policies, conduct employee training on ADA compliance, and establish monitoring protocols to prevent future violations.

The Broader Significance

A Spotlight on Workplace Accommodation

This settlement serves as a reminder of the central role that accommodations play in fostering an equitable workplace environment. Under the ADA, employers are obligated to provide reasonable accommodations for employees with disabilities, barring undue hardship to the organization. These can include modified work schedules, adjusted duties, or equipment tailored to specific needs.

Failing to meet these obligations not only compromises the dignity of employees but also risks significant legal and financial repercussions, as seen in this case. Employers should view accommodation efforts not as a mere requirement but as an investment in workplace diversity and human potential.

Costs of Noncompliance

The lawsuit against Everport Terminal Services highlights the significant costs associated with noncompliance with federal laws designed to protect the rights of individuals with disabilities. The $200,000 settlement is just one facet of this cost. Beyond the financial penalty lies the reputational damage, a longer-term consequence that can affect employee morale, public perception, and even recruitment efforts.

This case serves as a cautionary tale for companies that overlook their responsibilities under the ADA, highlighting the importance of proactive measures and policies.

Cultivating Inclusive Workplaces

Steps Employers Can Take

It’s not enough to be aware of disability rights; organizations must act on this awareness. Here are some steps employers can take to ensure inclusivity in their workplaces:

  1. Comprehensive Training Programs: Employers should regularly train staff, from top executives to entry-level workers, on the intricacies of ADA requirements and the importance of fostering a supportive environment for employees with disabilities.
  2. Proactive Policy Reviews: Companies should conduct annual reviews of their hiring practices, workplace accommodations, and anti-discrimination policies, focusing on compliance and inclusivity.
  3. Accessible Communication Channels: Employees must feel safe and encouraged to communicate their needs without fear of retaliation. Open dialogue is vital for effective accommodation.
  4. Collaboration with Advocates: Partnering with disability rights organizations or consulting accessibility experts can help identify and address structural barriers within a workplace.

The Business Case for Inclusivity

Organizations that adopt inclusive practices often see substantial benefits beyond legal compliance. Numerous studies have shown that diverse teams outperform in innovation, problem-solving, and overall productivity. By creating an environment where employees feel valued and supported, companies can unlock untapped talent and strengthen their bottom line.

Looking Ahead

While the $200,000 settlement between Everport Terminal Services and the EEOC resolves the immediate allegations, it leaves behind a lasting message about the importance of inclusivity. The case serves as a reminder to employers that overlooking accommodations not only harms affected employees but also signals systemic failings that can lead to legal and reputational risks.

By prioritizing inclusivity, adhering to laws such as the ADA, and treating accommodations as both a moral and business imperative, workplaces can move closer to achieving equity for all employees.

This settlement marks a turning point—an opportunity for organizations across industries to reassess their policies and practices. Progress begins with understanding and action, ensuring that no employee is sidelined because of a disability.

If you or someone you know has experienced disability discrimination in the workplace, it’s important to take action. Consulting with an attorney with experience in employment law can provide valuable guidance on your rights and potential legal remedies. An experienced attorney can help you understand the protections afforded under the ADA and other relevant laws, assess the specifics of your situation, and advocate on your behalf to ensure justice is served. Taking this step not only supports your own rights but also contributes to fostering a more inclusive and equitable workplace for others.

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Work-From-Home Requests and ADA Compliance: Employee Guide

Telework accommodations under Americans with Disabilities Act.

ADA Compliance and Telework Requests: What Employees Need to Know

The move toward remote work has redefined expectations in the workplace, but it has also raised important legal questions for employees—especially those living with disabilities. Understanding your rights when it comes to requesting telework under the Americans with Disabilities Act (ADA) is essential. A recent disability discrimination lawsuit $22.1 million verdict in Billesdon v. Wells Fargo Securities, Inc. highlights just how significant ADA protections can be for workers. This guide will explain your rights, outline the steps to take if you need a telework accommodation, and offer resources to help you advocate for a fair and accessible workplace.

Your Rights Under the ADA

The Americans with Disabilities Act (ADA) protects employees who have disabilities and work for employers with 15 or more staff. As an employee, you are entitled to “reasonable accommodations”—changes in your work environment or schedule that help you perform essential job functions or access workplace benefits.

Reasonable accommodations may include flexible scheduling, assistive technology, or—more commonly than ever—permission to work remotely. Employers are required to provide these as long as doing so doesn’t cause them significant hardship.

Telework as a Reasonable Accommodation

Remote work is now a recognized accommodation under the ADA. For many with disabilities, it means better access, flexibility, and a fair chance to contribute. However, not every role can be done from home. Your employer is obligated to treat telework requests seriously and make individualized decisions:

  • Equal Access, Not Guarantees: While employers don’t have to offer telework to everyone, if remote work is an option in your workplace, you have the right to request it as an accommodation.
  • Case-by-Case Decisions: Your job duties will be examined to see if remote work is possible. For example, computer-based positions may be suitable, while jobs needing your physical presence, such as in-person services or hands-on work, may not.
  • Legal Example: The Wells Fargo case serves as a powerful warning. In that instance, failing to even consider a legitimate telework request resulted in a multi-million-dollar judgment.

The Interactive Process: What to Expect

When you request a workplace accommodation, federal law requires your employer to start what’s called an interactive process—a back-and-forth discussion designed to find a workable solution. Here’s what you should know:

  1. Making the Request
    You don’t need legal jargon. Simply let your manager or HR know that a health condition affects your work and ask for changes—such as telework—that might help.
  2. Collaborating on Solutions
    You’ll discuss which parts of your job are essential and whether they can be performed remotely. If remote work isn’t possible, your employer must explore other solutions, like ergonomic equipment or adjusting your schedule.
  3. Assessing Feasibility
    Your employer must look at whether allowing you to work from home will cause significant problems for the business, such as:

    • Can you be effectively supervised while remote?
    • Will you have the equipment needed?
    • Is in-person collaboration essential to your tasks?

All of these questions should be part of an open, documented conversation aimed at finding the best solution.

Questions That May Come Up

During the process, you may be asked questions including:

  • Does your job require equipment or resources that are only available in the office?
  • How often is in-person teamwork required?
  • Can your work quality and output stay the same while remote?

Documented, thoughtful answers help protect your rights if a disagreement occurs.

What Recent Court Rulings Mean for You

The Billesdon v. Wells Fargo Securities, Inc. decision is a clear signal to both employees and employers: denying or ignoring a reasonable accommodation request can have serious consequences. In that case, failure to properly discuss and consider a telework arrangement led to a $22 million verdict. For employees, this means you have powerful legal backing when your requests are handled improperly.

Best Practices When Requesting Accommodations

To improve your chances of a successful accommodation process, consider the following steps:

  1. Begin the Conversation Early

As soon as you realize you may need telework or another accommodation, reach out to HR or your supervisor with a clear, honest explanation.

  1. Keep Records

Document your requests and all related conversations. This paperwork can support your case if you face pushback or delays.

  1. Be Specific About Your Needs

Clearly explain how telework or another adjustment will help you with your job duties.

  1. Ask About Alternatives

If your first choice isn’t possible, work with your employer on other options that might suit your needs.

  1. Stay Engaged

Circumstances change—review any accommodations regularly to make sure they are still effective and appropriate.

Resources and Support for Employees

Navigating ADA accommodations can be complicated. You have access to several resources for guidance:

  • Equal Employment Opportunity Commission (EEOC) offers clear explanations of employee rights under the ADA. For direct help, call (202) 921-2539 or visit eeoc.gov.
  • Job Accommodation Network (JAN) gives confidential, free advice on seeking workplace accommodations. Contact 1-800-526-7234 or visit askjan.org.
  • Helmer Friedman LLP an employment lawyer focused on ADA issues can help you understand your legal standing and options to help resolve barriers. Contact 1-310-396-7714 or visit www.HelmerFriedman.com.

Building a Fair and Inclusive Workplace

Standing up for your rights under the ADA does more than protect your job—it helps create a culture of inclusion for everyone. When employees and employers work together to address accommodation requests, the results can include:

  • Improved morale and retention,
  • A safer, more accessible workplace,
  • Fewer conflicts and costly legal battles,
  • And a stronger commitment to fairness and respect.

Knowledge is power. Understanding your rights—and acting on them—can drive meaningful change in your workplace.

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ADA Provisions Extend Beyond Conventional Notions of Disability Discrimination

Employment Law, race discrimination, harassment on police force.

Navigating Workplace Rights with Legal Expertise

In employment law, the case of John Nawara highlights the challenges individuals may encounter when asserting their rights under the Americans with Disabilities Act (ADA). This case serves as a significant example of both employers’ obligations and the determination employees must possess to protect their rights.

John Nawara began his tenure with the Cook County Sheriff’s Office in 1998 and served as a correctional officer for nearly two decades. However, in 2016, his career took a critical turn following several difficult interactions with colleagues, including a superior officer, an HR manager, and an occupational health nurse. These incidents raised concerns that prompted his employer to require a fitness-for-duty evaluation, leading to a series of legal proceedings that examined the interpretation of the ADA.

The decision to place Nawara on paid leave while awaiting a medical examination raised important questions regarding ADA compliance, particularly concerning medical inquiries and evaluations. Cook County required Nawara to sign medical authorization forms, which he initially resisted. This resistance resulted in a shift from paid leave to unpaid leave. Eventually, he agreed to the examination and was cleared to return to work. Despite this clearance, the requirement for a medical examination without a clear justification led Nawara to pursue legal action, claiming his employer had violated ADA guidelines.

As the case advanced through the legal system, it garnered considerable attention and support, notably from the Equal Employment Opportunity Commission (EEOC). The central legal issue was whether Cook County’s insistence on a medical examination constituted a form of disability discrimination, highlighting that an employee might invoke ADA protections even without a recognized disability.

The ADA imposes strict limitations on when employers can demand medical examinations from current employees, stipulating that such requests must be job-related and consistent with business necessity. Nawara, supported by the EEOC, argued that the demand for a medical examination was unjustified and violated these standards. Ultimately, the appeals court ruled in Nawara’s favor, affirming his right to receive back pay—a landmark decision indicating that the ADA’s provisions extend beyond conventional notions of disability discrimination.

This case serves as an important reminder to both employees and employers about the nuances of ADA provisions. Employers must exercise caution and ensure any medical examinations or inquiries are properly justified, while employees should be aware of their rights and protections.

Nawara’s experience illustrates that the path to justice can be complex and emotionally taxing. Therefore, it is crucial for individuals facing such issues to seek consultation with experienced employment attorneys. These legal professionals offer vital guidance and advocacy, enabling employees to navigate their rights and responsibilities effectively, thus highlighting the essential role of legal expertise in fostering fair outcomes in the workplace.