Can someone be fired from work because of Asthma?
A Reader Asks This Question:
Can someone be fired from work because of Asthma? Or would it be covered under the American Disabilities Act?
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4 Responses to Can someone be fired from work because of Asthma?
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@BRUCE ALMIGHTY, you are wrong. Asthma can be considered a disability. It is ILLEGAL for an employer to ask you during an interview if you have any type of disability, therefore it CANNOT be asked on the application form.
Even if the person is sitting before you in the interview with blood dripping out of their eyes and both arms are cut off, you CANNOT question them about their disability. In a case where you actually SEE that a person has a disability, the most you can ask is “will you require any special accommodations?”.
Read this about disability from http://www.eeoc.gov/policy/docs/902cm.html#902.3
902.3 Major Life Activities
(a) General — For an impairment to rise to the level of a disability, it must substantially limit, have previously substantially limited, or be perceived as substantially limiting, one or more of a person’s major life activities. There has been little controversy about what constitutes a major life activity. In most cases, courts have simply stated that an impaired activity is a major life activity. In general, major life activities “are those basic activities that the average person in the general population can perform with little or no difficulty.” 29 C.F.R. pt. 1630 app.§ 1630.2(i).
Therefore, asthma can be a disability.
ONLY IF IT WASNT DISCLOSED BEFORE THE JOB WAS TAKEN!!!!!!!!!!!!
AND IF IT WASNT ASKED ON THE APPLICATION FORM THEN IT IS OK!!!!!!!!!!!!
BY THE WAY FOR THE PERSON THAT GAVE ME THE THUMBS DOWN!!!!I I EMPLOY 460 PEOPLE SO WHAT DO YOU KNOW THAT I DONT!!!!!!!!!
no, we call that a discrimination which that’s again the law!!
get a lawyer!!
1. Did they disclose the illness and request any kind of an accommodation with the company?
2. Can they perform the essential functions of the job?
3. How long have they worked for the company? Is the company large enough to be covered by FMLA?
4. Is the job something that can be done with this condition or does the job or its surroundings cause the asthma to be worse?
These are a couple of key questions that need to be answered and will make a difference. Yes, the illness itself could be covered under the ADA act but there are some restrictions as to what is covered and how a disability is covered. It’s not just automatic.