Isabella Carter
While employers can terminate employees at will, there are exceptions to this rule. The law provides certain protections for people unable to work due to an illness. For instance, the Americans with Disabilities Act of 1990 prohibits employers with 15 or more employees from discriminating against a qualified individual with a disability. Another example is the Family and Medical Leave Act (FMLA), which allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for a serious health condition. If you believe that you have been discriminated against because of a disability, you should contact a lawyer.
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What You'll Learn
Protections for federal employees
Federal employees in the United States are protected by several laws and regulations that safeguard them from arbitrary termination, discrimination, and retaliation in the workplace. These laws include the Civil Service Reform Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Rehabilitation Act of 1973.
The Civil Service Reform Act of 1978 (CSRA) prohibits employees with authority from discriminating against other employees or applicants for employment on protected bases, including disability. The Rehabilitation Act of 1973, as amended, applies to the federal sector and prohibits employment discrimination against individuals with disabilities. It adopts the standards of the Americans with Disabilities Act of 1990 to determine whether a violation has occurred in a complaint alleging discrimination.
Federal employees have the right to due process before termination. Employers must provide at least 30 days' advance notice and a detailed description of the alleged misconduct. Employees must be allowed to respond to the notice and review the evidence against them. If an employee believes they are being terminated unlawfully or discriminately, they can challenge their termination by asserting these rights and providing strong evidence to support their case. This evidence can include emails, letters, performance reviews, attendance records, medical records, and whistleblower reports.
The main avenue for federal employees to contest firings is through the Merit Systems Protection Board (MSPB), an independent federal agency that handles appeals from federal employees who have been fired. The MSPB can order agencies to reinstate workers who have been unlawfully terminated and award back pay. However, the process can be lengthy and complicated, and the success rate for appeals is low. Probationary employees have more limited appeal rights, but they can still challenge terminations based on unlawful discrimination or failure to follow proper procedures.
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State and federal anti-discrimination laws
In the United States, federal and state agencies have laws about how and when employees can be fired. While employers can terminate employees "at will", meaning at any time for any reason, there are exceptions to this rule. It is illegal for an employer to terminate an employee due to their race, sex, colour, national origin, religion, gender, sexual orientation, gender identity, age, disability (including pregnancy), medical condition, language (or accent), or marital status.
Additionally, the Civil Service Reform Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964 also protect employees' rights. Title VII prohibits intentional discrimination and practices that have a discriminatory effect on individuals based on their race, colour, national origin, religion, or sex. It also prohibits discrimination based on birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.
Federal employees are also protected from certain prohibited personnel practices by laws enforced by the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB). According to Section 2302(b) of Title 5 of the United States Code, it is unlawful for employees with personnel authority to discriminate based on race, colour, religion, sex, national origin, age, disability, marital status, or political affiliation.
Furthermore, employees in California are entitled to 12 weeks of unpaid family or medical leave to care for a seriously ill family member or to bond with a newborn or newly adopted child. During this time, employers must maintain health benefits and reinstate employees to the same or equivalent position upon their return.
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Whistleblower rights
In the United States, federal and state agencies have laws outlining how and when employees can be fired. While most employees can be terminated "at will", meaning at any time and for any reason, there are exceptions to this rule. For example, it is illegal to terminate employment on the basis of race, sex, colour, national origin, religion, gender, sexual orientation, gender identity, age, disability, medical condition, language, or marital status.
There are several federal laws that protect whistleblowers from retaliation, including:
- The False Claims Act (FCA): Encourages citizens to sue those defrauding the government, with whistleblowers receiving a percentage of the recovery if the lawsuit is successful. Employers cannot retaliate against employees who file lawsuits under the FCA.
- The Family and Medical Leave Act (FMLA): Employees cannot be fired for taking leave under the FMLA or similar state laws.
- The Sarbanes-Oxley Act (SOX): Protects investors from corporate financial wrongdoing and includes whistleblower protections for employees reporting financial irregularities and shareholder fraud.
- The Uniformed Services Employment and Reemployment Rights Act (USERRA): Prohibits employer discrimination based on military service or obligation and protects the reemployment rights of service members returning from a period of service.
- Civil Service Reform Act, Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964: These laws protect federal employees from arbitrary termination, discrimination, and retaliation in the workplace.
If an employee believes they have been terminated due to whistleblower activities, they may be able to file a lawsuit for retaliation and seek damages, such as back pay, attorney's fees, or job reinstatement. It is recommended that they seek legal advice from an employment law attorney to understand their rights and options under state and federal law.
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Employment laws for sick leave
In the United States, there is no overarching federal law mandating paid sick leave. Historically, granting paid sick leave was at the discretion of the employer in the private sector. While employees are covered for long-term leave under the Family and Medical Leave Act (FMLA), there is no federal requirement for private employers to pay for short-term illnesses.
However, this is changing, with more than a dozen states and over two dozen municipalities across the country now requiring private employers to provide some form of paid sick leave. These laws are designed to protect employees who might otherwise feel forced to go to work while sick, potentially infecting their colleagues, or to stay at home and risk losing pay or even their jobs.
In California, for example, starting on January 1, 2024, employers must provide at least 5 days or 40 hours of paid sick leave per year to their employees. If an employee works 10-hour days, they will be entitled to use a minimum of 50 hours of paid sick leave. This law applies to all employees who work at least 30 days for the same employer within a year in California, including part-time, per diem, in-home supportive services (IHSS) providers, and temporary employees.
Many of these paid sick leave laws also include “safe time” or “safe leave” provisions, which provide paid sick leave entitlements to employees affected by domestic violence, sexual assault, or stalking. Under these laws, employees may take leave not only to receive medical care but also to attend court proceedings, move, go to counseling appointments, or receive services from a victims' services group. Employees are typically protected from any employer retaliation when asking for or using their sick leave.
It is important to note that federal and state agencies have laws about how and when employees can be fired. While employers can generally terminate employees “at will," meaning at any time for any reason, there are exceptions to this rule. It is illegal for an employer to terminate an employee because of their race, sex, color, national origin, religion, gender, sexual orientation, gender identity, age, disability (including pregnancy), or medical condition, among other protected characteristics. Additionally, federal agencies must have a legitimate and documented reason for terminating a government employee, and employees have the right to challenge their termination.
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Wrongful termination
In the United States, federal and state agencies have laws about how and when employees can be fired. While employers can terminate employees "at will", there are exceptions to this rule. It is illegal for an employer to terminate an employee because of their race, sex, colour, national origin, religion, gender, sexual orientation, gender identity, age, disability (including pregnancy), medical condition, language (or accent), or marital status.
Under the Americans with Disabilities Act (ADA), employers cannot discriminate against or fire workers who have a physical or mental impairment. This also includes employees experiencing a medical condition. If an employee with a medical condition or disability requests a reasonable accommodation to assist in performing their tasks, an employer must provide it. Reasonable accommodations can include modified work schedules, job restructuring, reassignment to a vacant position, providing equipment, adjusting an exam, providing a different vacant position, or allowing for a leave of absence. Employers with at least 50 employees must abide by the Family and Medical Leave Act (FMLA) and provide employees with up to 12 weeks of unpaid leave to seek medical treatment or care for an ill or injured family member. Employees have the right to be reinstated after their leave, with some exceptions.
If an employee believes they have been wrongfully terminated due to a medical condition, they may be able to recover damages with the help of an attorney. The attorney would need to show that the employee had a medical condition and faced an adverse employment action because of it. If the employee's capacity to do their job with reasonable accommodations was not impacted, they may have grounds for a wrongful termination claim. Damages that may be recovered include past and future lost wages and benefits, emotional distress, and out-of-pocket costs.
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Frequently asked questions
No, but it depends on several factors, including the nature of the illness, how it affects job performance, the size of the company, and whether the employee is covered under specific laws designed to protect workers with health conditions.
The Americans with Disabilities Act (ADA) of 1990 is one of the most significant federal laws protecting workers who have serious illnesses. Under the ADA, employers with 15 or more employees are prohibited from discriminating against a qualified individual with a disability. A "disability" is defined as a physical or mental impairment that substantially limits one or more major life activities.
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for a serious health condition. If you qualify, your employer must guarantee your job (or an equivalent one) when you return from medical leave.
You can contact a lawyer to discuss your legal options. You may have grounds for a legal claim if your employer did not attempt to provide reasonable accommodations, as this may be considered discrimination under the law.
