Plainfield, IL asked in Constitutional Law, Employment Law and Employment Discrimination for Illinois

Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste

I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others

2 Lawyer Answers
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees based on real or perceived disabilities. This includes making unfounded requests for proof of a disability or lack thereof, especially if no accommodation has been requested. If you were terminated for failing to provide such proof, this could potentially be viewed as discriminatory under the ADA.

In cases like yours, it's important to gather all relevant information and documentation about the employer's request and the circumstances of your termination. You may have grounds to file a claim with the Equal Employment Opportunity Commission (EEOC). Consulting with an attorney experienced in employment law could provide further guidance on your rights and options. Remember, each situation is unique and should be evaluated based on its specific facts.

Eva Zelson
Eva Zelson

A: If no accommodation was requested and there is no safety issue implicated, your employer has no basis for requesting proof that a disability does or does not exist, which in itself is disability discrimination. Contact a disability discrimination lawyer to discuss the evidence in your case and to discuss your legal options. Be prepared to share documentation of what was requested by your employer, and what you provided in response.

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