What can I do if I was laid off from my job because someone said I can’t hear well enough to do my job but that’s not true?

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What can I do if I was laid off from my job because someone said I can’t hear well enough to do my job but that’s not true?

Just hearsay, no evidence of there being a problem. Is there anything I can do? They will not tell me who made this statement or show me proof that there was a problem. I do have a hearing problem but I wear a hearing aid?

Asked on July 22, 2015 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You're focusing on the wrong issue here--it's irrelevant who made the remark. What is relevant is: can you do your job? Either as is, or with some "reasonable accomodation" by your employer, such as getting you software to transliterate voice mail to text, or a phone with better amplification (if you needed either). If you can do your job, either without any accommodation or with a reasonable accommodation, but nonetheless, you were fired for having a hearing problem, then this may well be illegal, disability-based discrimination, and you may have a legal claim for compensation. If you think this was the case, you should contract the federal EEOC or your state's equal/civil rights agency to file a complaint.

If you can't do the job, however, even with some reasonable accommodation, then your employer could terminate you: the law does not require employers to keep employees who cannot do their jobs.


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