Can an employer fire you if they find out you have a disability?

I have social anxiety and claustrophobia. I recently got a job as a bookkeeper at a grocery store. During the interview my manager told me I would be counting money and mostly running a register. However after doing the job for a month I spend 4-5 hours straight shut in an office. I tried really hard to do my job and stay focused but the entire time I'm in there I'm freaking out. If anyone out there suffers from this you know how it feels. I feel like I'm about to die, heart beats fast, chest hurts, etc.

So I told my manager I'd rather cashier than bookkeep and told him about my illness. He told me it didn't matter to him he just wanted me to be happy. I went to work 2 days later and he put me back in the office. I stayed in there for about 3 hours until I just couldn't take it anymore. He told me I had to be a bookkeeper or go home and don't come back.

I'm not sure but I think that's against the law. If I have a disability (I'm not just saying this, I have years of medical documentation. I was home schooled and even go to college online because of my fear of enclosed places) don't they have to accomidate them? Especially since it's something so simple. What should I do?

michr

if you are in the US this MAY fall under the ADA and is enforced by the EEOC. not all employers are covered by ADA.
having a disability does NOT mean the employer has to change the job but they do have to make a "reasonable accommodation" if you request it and if the disability is a recognized disability that falls under ADA.

you do not need an attorney. you contact the EEOC for assistance and for clarification.

for assistance and clarification along with help in resolving this contact the EEOC at:
http://www.eeoc.gov/

for an explanation of ADA and disability:
http://www.eeoc.gov/policy/ada.html
http://www.eeoc.gov/types/ada.html

Gem

The Americans with Disabilities Act states that once you tell your employer that you have a DIAGNOSED, covered illness, your employer must make "reasonable accommodation" for your illness/disability.

Completely being unable to do the job you are hired to do would not qualify as a "reasonable accommodation".

But, as millions of companies are sued out of existence every day in America, go ahead and get a lawyer.

If you can't find a lawyer to take your case on contingency, then odds are good that you don't have a case.

Good luck to you.

rwa000

it is not against the law to terminate you, you didn't reveal you have a disability when you were hired therefore you were not truthful on you application, also reasonable accommodations can be made if they employer has the resources smaller companies especially usually do not have the resources to accommodate you, also he did put forth an effort to help you there is a point where they can just say no, the business is for profit not to provide you with a job

shipwreck

If you can't do the work they don't have to give you a different job. You should have disclosed any disabilities when you were hired saying it after having done the job a while means you can do it and don't want to as far as most people could see.

I think you should just find a job you like better. You might be made cashier if they had an opening then find social anxiety meant you didn't want that job either.

Since you can be a bookkeeper maybe you should start your own service so you can decide what space you have.

ez91550

This situation falls under the American's with Disabilities Act. An employer can not refuse to hire you because of a disability nor can they fire you for your disability. It is out and out discrimination, especially when you have medical documentation. Contact The American Civil Liberties Union. They should be listed in the phone directory or you can obtain info from a local attorney about what to do. Consulting an attorney about what to do should not cost you anything.

tripleplay15

I would take them to court, you have a legitimate claim and they should have done something to improve the situation. There could have been some other solution like still having you do bookkeeping in a larger area or just moving you into the cashier roll, and you did bring it to their attention that you suffer from the disease so they have no right to fire you on those premises

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