Q: Is this considered discrimination?
I was recently terminated from a job because of absences that exceeded their policy. However, when I got the job, I gave them documentation from my doctor proving that I have a disability and that my disability will cause more absences than the average healthy person due to medical complications or doctor appointments. They originally told me that as long as I have documentation as proof (which I gave them), then they had no issue with it. I had an absence maybe once every 3 weeks, either from illness associated with my disability or a doctor's appointment which I provided a note for. Then, suddenly and without warning, they emailed me terminating me for my frequent absences. Is this considered discrimination, or illegal, for them to terminate me because of absences associated with my disability, especially without any warning?
A: Based on the information you provided, your employer probably did violate the ADA by terminating you in retaliation for requesting a reasonable accommodation of your disability or, alternatively, by discriminating against you on the basis of disability despite your use of the interactive process in negotiating a reasonable accommodation. You should contact an experienced civil rights or disability rights attorney and discuss your legal options and possible compensation for the discrimination you've experienced.
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