Legal Question in Disability Law in Virginia
I'm hearing impaired, have worked at Home Depot for 9 1/2 years, with a clean record. I was confused as to why the store closed and then reopened, I asked manager in a store closing meeting why he reopened the store for additional 30 minutes. He took the question as questioning his authority and proceeded to demean me, yelled at me in front of everyone, and separate after the meeting, told me to clock out, and that this would not be the last I heard of this. What grounds do I have in regards to legal rights if I get fired?
2 Answers from Attorneys
Probably, none based upon these facts(in my opinion).
It's not clear how this incident is related to your disability. At least I'm not readily able to figure that out from your question but let's assume that there is a clear link, since you posted in this section.
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) prohibit employment discrimination against qualified individuals with disabilities in the private sector. The ADA Amendments Act of 2008 made important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.
If your employer takes adverse action against you and that adverse action can be attributed to your disability -- rather than, for instance, to (your employer will say) your being a "wisenheimer" who complains about the supervisor and questions his judgment, and is insubordinate -- then you may to that extent have an ADA claim.
The trick is to show the connection between the disability claimed and the adverse action taken.
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