Sheridan, IN- When an individual takes on a job, employees often choose to keep their personal information to themselves as it may not necessarily concern their employer in knowing certain aspects of their life. And while some workers are struck with the burden of having to deal with a disability, or unwanted condition, not always do they believe their employer needs to know about it, unless it could affect their performance, or they require certain accommodations to successfully carry out their assigned tasks. Indiana employment and labor law attorneys display their concern for one Subway employee who was fired based on his current health condition.
Fox 59 News originally reported the story on September 29, 2015, which identified a Subway location in Sheridan, Indiana that now “faces a federal lawsuit after firing an employee.” While labor and employment laws identify that most states hold an “at-will” policy regarding the firing of any worker, however, when an employee is identified as having a disability due to their current health condition, being fired for that is recognized by the Equal Employment Opportunity Commission (EEOC) as discrimination. As you know, any form of discrimination is prohibited, and is justifiable grounds for an employer to receive a lawsuit held against them for their unlawful actions.
It seems as though a manager working at the Subway location was informed by her employee that he was HIV-positive, and immediately felt a bit concerned about him continuing employment with the company. As she took it upon herself to contact the district manager, she came back to the employee stating “he might be a liability to the company and they were going to have to let him go.” As a reminder to those citizens of Indiana, a situation such as this is a clear indicator it is time to employ a labor law legal representative who can step in and provide a legal standpoint on why this is illegal, and a form of discrimination.
Some of the main concerns the employer brought to her worker’s attention included the risk of him cutting himself, and the thought of customers becoming aware of his HIV condition. Indiana labor and employment lawyers understand while it is normal for any manager to be concerned over certain aspects that may affect their business, a disability should never be one of them.
With the help of his Indiana employment law lawyer, the former Subway worker has used the violation of the American with Disabilities Act as means to proceeding with the lawsuit and seeking compensation for back pay as well as “compensatory and punitive damages.”
If ever your job is compromised due to a health condition or disability, never is it right for an employer to take it upon themselves and fire you claiming you are a liability to the company. Employment and labor law attorneys in Indiana remind you that should you require legal assistance for a similar situation you have been involved in, USAttorneys features professionals who are guaranteed to get the job done, and seek the justice you deserve.