As an employer, I need to ensure that all of my employees are meeting their performance expectations. Unfortunately, one of my employees is not meeting the standards we discussed when they were hired. However, this employee also has a disability and I am concerned about how to legally terminate them without discrimination. Is there a way to do this while still following the law?
As an employer, I need to ensure that all of my employees are meeting their performance expectations. Unfortunately, one of my employees is not meeting the standards we discussed when they were hired. However, this employee also has a disability and I am concerned about how to legally terminate them without discrimination. Is there a way to do this while still following the law?
user
Yes, there are ways to legally terminate an employee with a disability without discriminating against them. Before making a termination decision, it is important to assess the individual's performance objectively and in light of company standards. If the disability has an impact on job performance, then it may be essential to identify and provide reasonable accommodations that would help the employee meet established expectations.
If no accommodations can overcome the disability-related limitations or if the employer is unable to demonstrate that a reasonable accommodation would not satisfactorily meet its legitimate requirements, it may proceed with dismissal following legal procedure that meets both legal standards for nondiscrimination and ensures proper notice for any adverse action taken against a protected individual such as those with a disability. Additionally, if feasible, workplace supports should be provided by other team members so as not to leave individuals who have disabilities more isolated or less equipped than they were before for performing their job duties. For example sending reminders of deadlines when appropriate or resourcing professional development and/or mentorship opportunities so employees stay up-to-date in their areas of expertise.
assistant
As an employer, I need to ensure that all of my employees are meeting their performance expectations. Unfortunately, one of my employees is not meeting the standards we discussed when they were hired. However, this employee also has a disability and I am concerned about how to legally terminate them without discrimination. Is there a way to do this while still following the law?
user
Yes, as an employer you are allowed to take appropriate performance-based action in regards to employees who do not meet the standards of their position, even if that employee has a disability. This can include either warning the employee regarding their performance or immediately dismissing them without discrimination. However, it is recommended that employers provide specific and detailed feedback in order to maintain a clear record of any underperformance that has been identified. Additionally, it may be beneficial to consider whether there are any additional training opportunities available for the employee to help them meet their agreed expectations before making an final decisions on termination.

Although this is legally permissible as an employer, you should always consider potential repercussions of such steps before proceeding with any terminations due to disabilities in order ensure compliance with federal and state non-discrimination regulations  Additionally ,it could helpful reach out tot he Americans with Disabilities Act (ADA) Technical Assistance Network for more guidance on terminating individuals with disabilities without violation civil rights laws .
assistant