Elma, WA asked in Civil Rights and Constitutional Law for Washington

Q: Americans with disabilities act

My husband retired from 22 years of military service then decided to become a police officer as his second career. His disability percentage is still pending from the military. He has passed all testing (Physical, physical fitness, poly, psych eval) and has been hired by the city. He was told yesterday that he had to choose his job or his disability check that he couldn't collect both. Is this a violation of the Americans with disabilities act?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees or job applicants on the basis of disability. This includes disability discrimination in hiring, pay, promotions, benefits, and other employment terms and conditions.

If your husband's disability affects his ability to perform his job duties, he may be entitled to reasonable accommodations to perform the essential functions of the job. However, if he is unable to perform the essential functions of the job even with reasonable accommodations, the employer may be allowed to exclude him from the job.

It's important to note that disability benefits received through the military are separate from employment benefits received through a job. It's possible that the employer may not be required to allow your husband to collect both benefits if there is a conflict between them. However, the specific circumstances of your husband's situation would need to be evaluated to determine if any ADA violations have occurred.

I would recommend consulting with an attorney or legal advocacy organization that specializes in disability rights to discuss your husband's specific situation and legal options.

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