The Americans with Disabilities Act prohibits an employer from “discriminat[ing] against a qualified individual on the basis of disability” by, among other things, terminating the individual’s employment. Delaval v. PTech Drilling Tubulars, L.L.C., 824 F.3d 476, 479 (5th Cir. 2016) (quoting 42 U.S.C. § 12112(a)); see also Kaye, 2018 WL 2446594, at *4.
To succeed on a disability discrimination claim a plaintiff must show that they (1) suffer from a disability; (2) are qualified for the job; (3) they were subject to an adverse employment action; and (40 they were replaced by a non-disabled person or were treated less favorably than a non-disabled employee. E.E.O.C. v. LHC Grp., Inc., 773 F.3d 688, 694 (5th Cir. 2014) (quoting 42 U.S.C. § 12112(a) (1990)).
Common examples of disability discrimination cases are instances where an employee is diagnosed with a disability (such as cancer, diabetes, stroke, etc.) and then they suffer an adverse employment action, usually termination.
If you feel you or someone you know has been terminated because of their disability, please feel free to contact us at 817-924-8600.