Montrose, CO asked in Employment Discrimination and Employment Law

Q: My 28 year old daughter was receiving help in a psychiatric hospital during which she was terminated from her employment

Is this legal inTexas?

2 Lawyer Answers
Rhiannon Herbert
Rhiannon Herbert
Answered
  • Employment Law Lawyer
  • Columbus, OH

A: More information is need to evaluate this situation. The Americans with Disabilities Act prohibits discrimination on the basis of an employee's disability, and it permits employees to request reasonable accommodations, such as brief periods of medical leave to treat their condition, in some situations. You should contact an employment lawyer in your state to discuss this situation in further detail.

Eva Zelson
Eva Zelson
Answered

A: More information is needed in this case. While employers are required to grant reasonable accommodations to employees with disabilities (psychiatric concerns do qualify as a disability), employers cannot accommodate what they do not know about. However, if the employer did know about the request for needed time off, and did not engage in a good faith effort to negotiate an accommodation, that is illegal. Contact an employment lawyer to discuss the details of your daughter’s case.

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