IT Contractors and the ADA?

Cyphertube asks: "I'm wondering what rights an IT contractor has under the Americans with Disabilities Act in the US (or similar legislation in other countries). Can an employer get rid of you as an hourly contractor in situations they couldn't as a permanent employee, despite the fact that the reason they are getting rid of the employee is due to a disability?"

"Let me explain my situation. I was hired as an IT project manager to handle the implementation of 3rd-party software. While I had to write lots of documentation and gather requirements from plenty of people, my requirement to be in the office was in all reality not important for my job. As an hourly contractor, I was allowed to bill for hours worked from home.

Well, in October this year, I was diagnosed with leukemia. This, of course, made it difficult to work in the office during chemotherapy and with my weakened immune system, but they said that they would bring in a temporary employee and that I could likely work telecommuting. Under the ADA, this would be considered reasonable accommodation, since I can work, and they already provide such resources for other employees.

Unfortunately, this new employee they've brought in to replace me, also a contractor, is now sitting in my job that I had, despite my ability to work (I could have even returned to the office for two weeks). The project is way behind schedule, and I was just told that they can't bring me back because there's no budget, since they replaced me with this other guy.

I've heard that this is legal, and then from others that it clearly violates the ADA (since I'm a W-2 worker through a contracting agency and my replacement is from the same agency). Aside from a clear reason to remind everyone to get disability insurance, are there any ideas to what my legal standpoint would be?"

Comments

Don't ask Slashdot ...

[Quixotic Raindrop]

... get a lawyer. Seriously. Even if a lawyer posts on slashdot, he or she will be sure to caveat their advice in terms that will make their advice essentially useless. I have a very close friend dealing with ADA issues at work, and without qualified legal advice, you can't move forward. For pro bono law advice, you might contact your state AG, who might be able to help you at least get a grip on your options. Also, get into contact with local law schools, they will probably have a list of local firms or organizations who will do pro bono work. You could go pro se, and since the ADA is relatively new, there's just not twelve tons of case law surrounding it, so you might have a chance. But why risk it?

Google says...

[Otter]

...no.

This Googled, IANAL answer is worth what you paid for it but it would appear that contractors are not protected by the ADA.

Go to the EEOC NOW!!!!

[Anonymous Coward]

If you have notified your employer of your diability and this has happened to you, go to the EEOC NOW!!

http://www.eeoc.gov/

The EEOC is the enforcers of the ADA. There are not any private lawyers that handle ADA cases, just the EEOC.

Your employer is more than likely screwed from what you've described above.

Find the contact information of the local office
in your area and get the ball rolling.

I'm going through a simialr situation with Microsoft at the moment and am working with the EEOC to right the wrongs MS has done. In my case MS is screwed because not only did they not provide any of my reasonable accomidations but they were supposed to help me with a job search after being on extended medical leave.

Nine times out of 10 companies haven't a clue how to make accomidations for the ADA. In my case, MS considered me different from the 'herd' ostrasized me, and forced me out.

Defense of Ask Slashdot!

[G4from128k]

Seriously...how can people really think that asking on /. is the best method to get legal or medical advice?!

I think everyone can agree that people should not rely entirely on Ask Slashdot for life-critical legal or medical advice. Yet this forum does have several valuable uses.

Foreknowledge: People would do well to remember that doctors and lawyers are only said to "practice" in their field. The medical and legal fields are so complex and people's problems are so idiosyncratic that you cannot trust any given doctor or lawyer to do a good job. YMMV based on the quality and experience of that doctor or lawyer. Finding a "good" doctor or lawyer is not easy. With information gleaned from Ask Slashdot, an informed person can winnow out inexperienced doctors and lawyers.

BOF support: Ask Slashdot also provides much needed social support to people facing serious problems. Finding out that others have had the same problem and how they coped with it can be a comforting boon to the poster.

Cost:. I suspect the poster does not want to spend a $1000 on some lawyer only to discover that the answer was an obvious "no." If the ADA is black and white on the issue of protections for contractors vs. employees, then you don't need to pay a lawyer to research the case. Its not that the poster is a cheapskate, they just don't want to throw good money after bad.

Although I would adhere to the parent's advice to Get a lawyer, I would also recommend that people continue to Ask Slashdot as part of a multipronged knowledge gathering strategy.

Re:Only in the United States...

[Mr. Slippery]

It's not a job, it's a contract position.

The querent noted that he had a W-2 position with the contract agency. Thus, he had a job. The fact that the job was hourly wage rather than a salary and had no benefits doesn't make it less of a job.