Can I Be Fired For Performance Issues Related to a Disability?

Losing a job is devastating. When you suspect your termination wasn’t about your performance but about your disability, the sense of injustice can be overwhelming. You might feel singled out, misunderstood and powerless. It’s a difficult position, and it’s normal to wonder if what happened was legal. In Illinois, employees with disabilities have specific rights and protections. If your job performance is affected by a disability, it’s important to understand your employer’s obligations prior to taking disciplinary action. Knowing these rights is the first step toward protecting yourself and fighting back against unfair treatment. The Law Office of Mitchell A. Kline explains your protections under the law and what to do if you believe you’ve been wrongfully terminated.

What Is Disability Discrimination?

Both federal and state laws, including the Americans with Disabilities Act (ADA) and the Illinois Human Rights Act, make it illegal for an employer to discriminate against a qualified individual because of a disability. This protection covers all parts of employment, including hiring, promotions, pay and termination.

You must still be able to perform the essential duties of your role. However, if your performance issues are directly linked to your disability, your employer may have a legal duty to provide accommodations that enable you to do your job effectively.

What is a Reasonable Accommodation?

A reasonable accommodation is any change to your job or work environment that allows you to perform your essential job functions. It’s a crucial part of your rights, as it requires your employer to work with you.

Examples of reasonable accommodations include:

• Providing screen-reading software for an employee with a visual impairment.
• Modifying a workspace, such as installing a ramp for wheelchair accessibility.
• Adjusting work schedules to accommodate medical appointments.
• Restructuring non-essential job tasks.

An employer must provide an accommodation unless doing so would cause an “undue hardship,” meaning it would create significant difficulty or expense for the business. This is determined on a case-by-case basis. Your employer is not required to lower performance standards or remove essential job duties. They are, however, required to engage in a good-faith interactive process with you to find a workable solution.

Your Legal Protections

Beyond accommodations, Illinois law provides other important protections for workers with disabilities:

• No Retaliation: Your employer cannot punish you for requesting an accommodation or filing a discrimination complaint.
• No Interference: They cannot interfere with your ability to exercise your rights under the law.
• Privacy: Employers are restricted from asking about your disability unless it is directly related to your job performance or business operations. They also cannot require medical tests that are not job-related.

If you were fired for performance issues without any discussion about accommodations for your known disability, your rights may have been violated.

Document Everything

If you believe you are facing discrimination, keeping a detailed record is one of the most powerful steps you can take. Your memory can fade, but written records provide concrete evidence.

• Keep a Journal: Write down every incident of unfair treatment. Note the date, time, location and who was present. Write down exactly what was said and done.
• Communicate in Writing: When discussing your disability or requesting accommodations, do so via email. This creates a clear paper trail. If you have an important verbal conversation, send a follow-up email summarizing what was discussed.
• Save All Documents: Keep copies of emails, performance reviews, company policies and any other relevant communications.

If You’re Facing Workplace Discrimination, Seek Legal Counsel

Facing discrimination can make you feel isolated, but you are not alone, and you have legal options. If you were fired from your job in the Chicago area and believe it was due to performance issues related to your disability, you have the right to hold your employer accountable. The Law Office of Mitchell A. Kline is dedicated to providing the compassionate representation you deserve. Contact us today for a confidential consultation to learn how we can help.