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Brent's Law

Nancy J. Brent, RN, MS, JD received her Juris Doctor from Loyola University Chicago School of Law and concentrates her own solo law practice in health law and legal representation, consultation, and education for health care professionals, school of nursing faculty, and health care delivery facilities.

Brent has conducted many seminars on legal issues in nursing and health care delivery across the country and has published extensively in the area of law and nursing practice.


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I have bad references due to a disability (ADHD). What do I do if I’m terminated?
Monday October 20, 2008
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Question:

Dear Nancy,

I have ADHD. I know I do not have to disclose this. What if I was terminated for my disability? Because of this issue, I have bad references. What do I do?

Donna



Dear Donna replies:

Dear Donna,

Title I of The Americans With Disabilities Act (ADA)( a federal law) prohibits an employer from making adverse employment decisions (e.g., not hiring, termination) solely on the basis of a person’s disability. What a disability is, and how it must affect one’s daily life (including work), is specifically included in the act and its regulations. Although the act was seen as a help to those workers with disabilities, over the years the courts, including the United States Supreme Court, have narrowly interpreted its protections.

The ADA does not prohibit an employer from making an adverse employment decision concerning a person with a disability if the decision is truly based on a factor other than the disability. If, for example, the worker’s performance is below requirements, and again that performance has no relationship to the disability, the worker can be terminated.

It would be important for you to consult with a nurse attorney or attorney who practices in the area of employment discrimination and has employees as clients. The attorney will be able to provide you with specific advice in your situation, including how to handle references that may be untrue.

In preparation for your meeting with the attorney, you can obtain information about the ADA and how it protects disabled workers by going to the ADA home page at www.ada.gov. You will find a great deal of information there, including ADA questions and answers and a specific link to employment and the ADA.

Sincerely,
Nancy



Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.



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