Discrimination of Disability in Employment Resignation
Absolutely against the law
An employee can initiate employment termination by resignation. Resignation of an employee may be voluntary or in some cases involuntary. An employee has the right to tender his or her resignation when he thinks it is necessary or an employer may terminate an employee from work for just causes. Either way an employee cannot be released from work for reasons of discrimination based on disability. Disability discrimination is against the law and an employer found to be guilty of such acts can be held liable for damages.
Disability under the law refers to the state of having a mental or physical impairment which substantially limits one or more life activities. The law protects individuals against discrimination of disability in employment resignation and individuals who have records of disability or being perceived to have a disability even if they do not have such disability. Normally, the disability has to be of long term or permanent nature and not one such as a temporary injury usually covered by temporary disability insurance or worker’s compensation.
If an individual is a qualified worker with a disability and works for a covered employer, the Americans with Disabilities Act prohibits an employer from discriminating on the basis of disability especially in discrimination of disability in employment resignation. The Americans with Disabilities Act requires employer to act upon the needs of an individual rather than acting upon generalizations made about the capabilities of persons with disabilities.
Hence, if you have been subject to discrimination of disability in employment resignation, it is essential that you speak with a lawyer specializing in discrimination laws to help you know your rights and legal options. As a worker, you can be assured that your lawyer will evaluate your case and provide you with the best possible advice. Keep in mind though to give all the pertinent facts of your case to your lawyer because when a lawyer understands the facts of your case, he will feel more confident on defending you and obtaining a favorable outcome. Whichever way you look at it discrimination of disability in employment resignation is illegal, so shield yourself from being subjected to this kind of discrimination, contact an attorney as soon as possible.
In addition, when you are at work and become disabled. Resignation is not your mere choice. There are good and valid reasons for your employer to keep you on despite your disability. Basically, your employer may value your beneficial contribution as well as your experience and knowledge of the business. It is the duty of your employer to consider whether the employment arrangements or any physical feature of the workplace are putting you at substantial disadvantage.