Legal Question in Disability Law in California
Heart Condition as termination...covered by ADA?
I had a heart attack three years prior to employment, disclosed the heart condition, and began working in a sales capacity. I consistently exceeded revenue objectives, was building a pipeline of prospects and was terminated for a heart conditoin////legal?
2 Answers from Attorneys
Re: Heart Condition as termination...covered by ADA?
No -- that is illegal -- the strength of your case would depend on the level of proof to show that the reason for termination was the heart condition. In CA an employer is not allowed to discriminate against an employee because the employee has a condition that limits "major life activities." A heart condition would seem to qualify you as protected by that law. One question that comes to mind is why did they hire you, knowing you had the condition -- if they were going to discriminate -- why did they hire you in the first place -- or were there different people responsible for the hiring and firing decisions?
Re: Heart Condition as termination...covered by ADA?
IF you can prove that is why you were terminated, you have an apparently valid discrimination claim. Contact me if interested in discussing the facts and options available to you in making that claim.
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