One of my employees at my small business recently became disabled and is in a wheelchair. Is it illegal if I fire him?

Question:  I own my own small business and I have an employee who is unable to perform his job duties because he has become wheel chair bound.  Is there a small business law that covers this kind of employee issue?

Response:  An employee with a disability is covered by the U.S. Equal Employment Opportunity Commission (“EEOC”), a regulation that ensures that a person with a disability at work is free from discrimination.  EEOC discrimination enforces the provisions in the Americans with Disabilities Act of 1990 (“ADA”).  The ADA applies as federal and small business law, and defines a disability as a person who: (1) has a physical or mental impairment that substantially limits a major life activity, (2) has a record of such an impairment, or (3) is regarded as (or seen as) having such an impairment.  EEOC discrimination includes discriminating against people who are not able to perform their job duties if there are alternative ways that the employee would be able to perform their duties.  If there are small changes that you could make in your business that would allow your employee to continue to perform their job function, you should seriously consider making the appropriate accommodations. 

Answered by D. Nicole Rosen

Additional Resources:

• Americans with Disabilities Act of 1990
• Laws Enforced by the EEOC

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