Termination case shines a light on disability discrimination

On Behalf of | Feb 27, 2020 | Wrongful Termination

Everyone deserves to live free of discrimination. Unfortunately, discrimination is still rampant in society, especially in the workplace. This is even despite the state and federal laws that protect employees.

A recent New York case demonstrates just how dangerous discrimination can be for employees with disabilities.


New York man still pursuing wrongful termination lawsuit for discrimination

Although Kessler Matura P.C. is not involved in this case, employees need to understand the details of this case so they can take action to protect their own rights.

According to The New York Post, Javier Amigon worked on the production line of a New York factory since 1988. Amigon had suffered injuries years earlier that left him missing part of his right foot and his left leg. For years, the company provided a stool, so he could easily work and still rest his legs throughout the workday.

In 2015, the New Jersey company Kirker bought the business. And the new company promptly:

  • Took away Amigon’s stool, as well as any other stools for employees;
  • Disregarded the doctor’s notes Amigon brought in requesting a stool; and
  • Fired Amigon in 2016.

Employers must accommodate disabilities

Amigon’s employer infringed on his rights and violated the New York State Human Rights Law and the Americans with Disabilities Act (ADA) by:

  1. Discriminating against Amigon and firing him based on his disability, which is strictly illegal; and
  2. Failing to provide Amigon with reasonable accommodations to complete his job.

Under both of these laws, employers are obligated to provide reasonable accommodations for employees with physical and mental disabilities, such as:

  • Making the workplace accessible with wheelchair ramps;
  • Adjusting work schedules or hours;
  • Providing materials in braille or sign language translation services; or
  • A simple stool to rest.

Situations like Amigon’s are exactly why employees with disabilities must understand the rights they have under the law so they can protect themselves and their job against unfair employers.


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