Sick? You got injured? You must not be fired!

How does the Equal Rights Act protect people with disabilities and what can be done when the employer violates the law?

(Illustration: ShutterStock)

Illustration: Ill of a patient (Photo: ShutterStock)

In 1996, the bill was passed, which led to the enactment of the Equal Rights Act for Disabled People. This important law addresses many aspects of the rights of people with temporary or permanent disabilities: from prohibition of discrimination to entry into public places and to the prohibition of discrimination on admission to work.

More than two decades have passed since the law was enacted, and yet, unfortunately, many employers are doing well in their eyes and severely discriminating against disabled workers. Often these are veteran workers whose health has deteriorated during their years of work there.

The law requires adjustments

If, as a result of illness or injury, you are unable to continue to perform your regular job in the workplace, know that the employer is required by law to make the necessary adjustments to take into account the disability you began to suffer. Such an adjustment can be the purchase of required equipment, changing working hours, etc. In 2006, it was held that an employer of a disabled worker may ask the state to participate in funding the required accommodations. This means that the employer is not required to finance the expenses incurred from these adjustments. This is a change that is not very heavy on the employer.

If the applicable disability adjustments are not enforceable, the employer can transfer the employee to an alternate position; If, for example, the job requires lifting heavy loads, the employee can switch to an office job. An employer who chooses to fire the employee who is no longer able to perform his job due to deterioration in his health, is breaking the law.

In light of this, if you have been fired from work for a disability, without having made appropriate adjustments to the disability created, or you have not been offered an alternative job, then you can file a civil lawsuit against the workplace (up to three years at most).

Dismissal contrary to law

Over the years, many labor courts have been discussing this issue. In many of them, the tribunal accepted the claim and ordered the employer to return the employee to the workplace.

For example, S. from Tel Aviv worked for 23 years as a field coordinator. When he suffered from a deterioration in his medical condition, he was transferred to an office. Three years later, his direct manager informed him that he was returning to a field job, requiring a long walk and climbing stairs routinely.

An occupational physician to whom S. Tzar contacted him stated that he was unfit to staff the job, but was returned to the field. Shortly after contacting the company to return to office, S. was summoned for a hearing before dismissal. The reason: his inability to perform his duties and the absence of other vacancies.

In a hearing at the Regional Labor Court, it was determined that the company acted contrary to the law when it refused to return to office. It also became clear that just one month before the hearing, a human resources worker was accepted into an office, which the plaintiff was eligible to fill. The court ruled that the company had not made sufficient efforts to find Qh an alternative role and ordered him to return to work. It was further ruled that the company would bear legal expenses.

(Illustration: ShutterStock)

Wheelchair man working in office (Photo: ShutterStock)

Severance Pay Law

Naturally, not every employee who has suffered from a certain disability wants to continue his work. In such a case, the severance pay law and its regulations allow the employee to resign from the workplace and receive severance pay as a rule of law.

Receipt of compensation involves several conditions: Among other things, the employee must prove that his health condition was the direct cause of his resignation; And he must present medical references relevant to his health condition and support his claims.
Reality shows that not all employers respect the law and, in quite a few cases, workers are discriminated against and remain without a source of livelihood due to their disability.

If your health is deteriorating and you find it difficult to fulfill your role, contact a labor law lawyer familiar with the law so that you can properly manage your rights. And the sooner the better.

Attorney Orna Shmaryahu has been involved in labor law for over 20 years and represents employees and employers in all jurisdictions.

Phone: 077-9977542

The article was written in collaboration with a legal zap website

The information presented in the article does not constitute or replace legal advice and does not constitute a recommendation for taking proceedings or avoiding proceedings. Anyone relying on the information contained in the article does so at his own risk.