I’m getting fired for disability related issues even though I disclosed my issues during orientation?

I’ve been working at target for the last 1 mount or so, and it’s been going well for the most part. However they terminated me on Wednesday because apparently I’m not progressing enough to meet there standard. I have a diagnosed learning disability, it makes me longer to grasp things then other people despite the fact that I have a higher iq. Apparently if employees don’t show substantial progress at target within 90 days (it hasn’t even been 60 days FYI), they can terminate them. This violates the Americans with disabilities act, I cannot learn things at the same rate as someone else, or in the same manner. Plus I have adhd and I zone out frequently because of it. I wasn’t receiving ant accommodations either. Can I have a case to sue target, or at least get my job back

11 Answers

Relevance
  • 3 years ago
    Favourite answer

    It does NOT violate the ADA. If you can't do the job properly then you can't work there. Only if your disability does not affect your job performance does the ADA protect you.

  • 3 years ago

    The ADA only requires them to make a reasonable accommodation for people's disabilities. Employing people who are not capable of doing the job doesn't count as a reasonable accommodation.

  • Neil
    Lv 4
    3 years ago

    No, that doesn't violate ADA.

  • 3 years ago

    The ADA ONLY requires reasonable accommodations. It can be argued that they must give you more time and assistance learning the job, but firing you for not learning DOES NOT violate the ADA.

    If you frequently 'zone out', regardless of the reason, it IS NOT POSSIBLE to reasonably accommodate that in a retail environment. You can legally be fired SOLELY on that grounds.

  • What do you think of the answers? You can sign in to give your opinion on the answer.
  • Anonymous
    3 years ago

    No you are getting fired because you can not do the work assigned to you. In a job that demands quotas and time sensitive work you just can't handle it and should never have taken such a job.

    ADHD and "zoning out" are not skills one wants in an employee they hire. How long should they wait until you can do the job? WHAT ACCOMADATIONS SHOULD YOU HAVE BEEN GIVEN?

  • Tulip
    Lv 7
    3 years ago

    Cry me a river

  • Anonymous
    3 years ago

    here's reading for you, just to begin with - https://www.dol.gov/general/topic/disability/ada

  • Huh?
    Lv 7
    3 years ago

    They are only obligated to make reasonable accommodations, can you specify what accommodations they could have made that would have made a difference in your performance? If you can articulate something specific you might be able file a complaint with the state dept of labor or attorney general's EEOC board.

  • 3 years ago

    Most employment discrimination claims must first go through the State Labor Board (or whatever it's called where you live). If the Labor Board decides to take your case they will represent you for free. If not, they will issue a "right to sue" letter which you will need to file a private lawsuit. In fact, private attorneys won't even sign you up for employment discrimination cases unless you have this right to sue letter.

    Exceptions to this rule arise if you're working under a contract, as part of a union, or if you're a part-owner of the company.

    So the bottom line is contact your State Labor Board and ask about next steps.

  • Anonymous
    3 years ago

    Good luck with that.

Still have questions? Get answers by asking now.