Disability laws?

[Dirtebiker]

Anyone here know anything about this?
My daughter is visually impaired. Her disability doesn't keep her from doing much, including getting almost all A's all through high school and up through her third year in college.
She has been holding two or three jobs all through college and recently got another part time job in a retail setting.
The owner of the store expressed his concern to her a few days ago that he was worried that she might not be able to see prices and such. (she needs to get very close to see smaller print, and if she had any trouble, she would ask for help)
Well, yesterday he fired her and told her that he thought she couldn't see well enough and he was worried that she was going to lose him money.
She has no desire to create a big deal out of this, but she is very upset! This is the only time she has ever been fired.
My question is, is it legal to fire someone because of his perception of her disability?
It was a part time job, and he only has a handful of employees.( in case that matters)

 

[MrsGungho]

time to call a lawyer

ETA, he has to have more than 15 employees


http://www.dol.gov/odep/pubs/fact/laws.htm

 

[DMBFan]

I work in the Human Resources department of a company in Evansville. Him firing her because of her vision is a violation of the Americans with Disabilities Act. Under the ADA, as an employer, he is required to provide her with "resonable accomodations." A reasonable accomodation could be a magnifying glass, for example. He definitely broke the law for terminating your daughter.

 

[Dirtebiker]

I work in the Human Resources department of a company in Evansville. Him firing her because of her vision is a violation of the Americans with Disabilities Act. Under the ADA, as an employer, he is required to provide her with "resonable accomodations." A reasonable accomodation could be a magnifying glass, for example. He definitely broke the law for terminating your daughter.

That's what I thought, but what about the 15 employee rule? And does it matter if she was a part timer? And does it matter how long she had been employed?

 

[It'sAllFun&Games]

Does not matter how many employees he has, nor how long she has worked there.

 

[Dirtebiker]

And by the way, anyone in the Muncie area who could use an extremely faithful, hard working, honest person, let me know!
I know, I'm biased! But it's true!

 

[MrsGungho]

Does not matter how many employees he has, nor how long she has worked there.

not what I am reading in the link I provided

Employment prohibits covered employers from discriminating against people with disabilities in all employment-related activities, including hiring, pay, benefits, firingand promotions. Covered employers include private businesses, educational institutions, employment agencies, labor organizations, and state and local government entities with 15 or more employees.

 

[It'sAllFun&Games]

not what I am reading in the link I provided

Hmmmmm....
Does that mean that if I only have 14 employees, I can discriminate against someone with a disability?
I don't think it does.
Maybe I'm wrong, but that just doesn't seem right to me.

 

[MrsGungho]

Hmmmmm....
Does that mean that if I only have 14 employees, I can discriminate against someone with a disability?
I don't think it does.
Maybe I'm wrong, but that just doesn't seem right to me.

not right and illegal are two different things. I agree, it isn't right

 

[hoosierdoc]

Just don't tell people why they are fired. I'm not sure anything good comes from it. Your daughter will not grow from this job anyway, best she find a manager who can challenge her and give her the opportunity to succeed.

 

[DMBFan]

The rule of 15 employees is for the EEOC. That is different from the ADA as far as I know.

 

[Dirtebiker]

Just don't tell people why they are fired. I'm not sure anything good comes from it. Your daughter will not grow from this job anyway, best she find a manager who can challenge her and give her the opportunity to succeed.

She know this! It just pisses her off! She said this guy was a jerk from day one!
I've told her all her life that she will have to deal with jerks forever!

 

[DMBFan]

d

 

[Dirtebiker]

The rule of 15 employees is for the EEOC. That is different from the ADA as far as I know.

So far, from what I've read, it's all the same!

And like I've said, she's not really looking to sue or anything, but I think she WOULD like to show this idiot how wrong he is!

As most of us know, karma is a *****!

 

[DMBFan]

EEOC and ADA are not the same.

 

[bobbittle]

Fact: Businesses with fewer than 15 employees are not covered by the employment provisions of the ADA. Moreover, a covered employer does not have to provide a reasonable accommodation that would cause an "undue hardship." Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an organization's size, financial resources and the nature and structure of its operation.

From http://www.dol.gov/odep/pubs/fact/ada.htm

What business was this?

 

[Doug]

First, post the name of the business. Most INGOers want to know who the jerks are so we can take our business elsewhere.

Second, print out the pertinent information about the law the jerk violated. Then have your daughter give them to her former boss. She should tell him she could easily sue for discrimination, but she isn't going to because she isn't a jerk and he is.

Third, be proud of your daughter and tell her we are all proud of her,too.

 

[billybob44]

Post up the business name..

Post up the name..

I can see a HUGE INGO Boycott on it's way...Bill.

 

[CountryBoy19]

Post up the name..

I can see a HUGE INGO Boycott on it's way...Bill.

Plus, when the media gets ahold of this it's gonna blow up in his face big-time even if it wasn't an illegal action...

 

[Dirtebiker]

I'll consider posting the name. If you're not local to the Muncie area, you most likely would not have shopped or even heard of this place. It's a food related specialty shop.