Can I Be Fired for Having Dyslexia or Other Learning Disability?
The Americans with Disabilities Act (ADA) was signed into law to protect employees with disabilities from facing discrimination against their employers. People with dyslexia or other learning disability are protected under the ADA and so employers cannot base employment decisions based off this knowledge. If you believe that you have been discriminated against for having dyslexia or other learning disability, the California Employment Attorneys Group is here to help you know your rights and represent you if you want justice to be served and get the maximum compensation possible. If you have faced discrimination because of dyslexia or other disability and you’d like a lawyer to sue the company that discriminated against you, you can call or email us at any time. Our lawyers will be happy to help you.
Dyslexia is a learning disability which jumbles letters around and makes it incredibly difficult for people to learn through reading. The ADA covers all disabilities which affect one or more a major life function and so dyslexia (and other learning disabilities) are covered under this law. The law requires employers to focus on only things when it comes to employees: their qualifications, and their ability to perform the essential job functions.
The California Employment Attorneys Group is here to ensure that your employers pay the price for their disregard for the law and punishing you unjustly. We help people with learning disorders every day and help them understand their rights under the law. We also get questions which we love to explain. Examples of such questions include:
- Can I be fired for having dyslexia? Is this wrongful termination?
- Who is the best lawyer to represent me in my wrongful termination lawsuit?
- Can my employer terminate me for being dyslexic?
- Can I sue my employer if that happens?
- Is dyslexia a disability under the equality act?
- How do dyslexia and workplace discrimination relate to each other?
- Can I be fired for having a learning disability?
- How do I sue my employer if he fired me for having a learning disability?
Does the Americans with Disabilities Act Protect Dyslexia and Other Learning Disabilities?
The ADA defines disability thusly: “As a physical or mental impairment that substantially limits a major life activity, and major bodily functions.” The ADA does not have a long list of disabilities and disorders over which it provides coverage. It relies on courts to decide whether or not a person’s disability affects them enough to be covered under the Act.
Learning is considered to be a major life activity, and dyslexia interferes with that person’s ability to learn because it takes them so much longer to read and comprehend than a normal person’s ability. Because dyslexia affects learning, it is often considered a disability and thus protected by the ADA.
Employers are not allowed to discriminate based on this person’s dyslexia or learning disability. Discrimination in the workplace occurs when an employer treats someone differently or unfavorably because of their condition. This means that their learning disability cannot play any role in that person’s employment status and must be treated as all other employees in their position. For example, if you are up for a promotion or raise, and your employer happens to find out that you have dyslexia, your employer cannot overlook you simply because you have dyslexia. They must treat your advancement with as much weight as others who are also being considered. The employer cannot assume how your disability may affect your ability to perform the job, with or without reasonable accommodation.
Employers must also provide reasonable accommodation for employees which request it. Reasonable accommodation is those changes to the occupation or workplace which assists the disabled employee to be as successful as possible and perform the essential job functions. An employer cannot refuse an employee’s request unless it can show that doing so would cause an undue hardship. For example, a dyslexic employee might require certain software to translate text into voice to help his comprehension. Without the need to read, the dyslexic employee can listen and act accordingly.
How to File a Lawsuit Against an Employer Who Discriminated Against Your Disability?
You must first file a charge with a government employment agency before you can properly sue your employer. At the federal corner, you have the Equal Employment Opportunity Commission (EEOC) which enforces the ADA throughout the country. In the other corner, you have the state of California’s Department of Fair Employment & Housing (DFEH). Because these agencies have a work-sharing agreement, you have 300 calendar days to file your charge with either agency.
You can then request a “right-to-sue letter” which gives you the go-ahead and allows you to sue your employer. You have 90 days to take action from the day you first receive this letter.
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Our lawyers are here to protect your rights and get you the most compensation possible. We offer free consultation and the zero-fee guarantee, so there’s no financial risk on your part! Call us today if you believe that your employer discriminated against your dyslexia or other learning disability.