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?

Ask Slashdot!

[MrWa]

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

Get a lawyer!

Read here.

Talk to a lawyer.

Do not ask Slashdot.

Re:What the hell is with Ask Slashdot?!?

[x00101010x]

Slashdot is a large community of nerds/geeks. Yet not all nerds/geeks are created equal, we have science nerds, scifi fans, network administrators, code monkeys, Apple zealots, linux gurus, etc.

While we may not have many lawyers/doctors (and even if we did they'd have to disclaim their advice like crazy for liability/contract reasons), what we do have is a large number of fellow nerds/geeks and a pretty good chance that somebody else has had a similar situation.

Now, while that person may not have legal/medical qualifications, maybe they've had to talk to a lawyer/doctor/psychologist about something similar and can give you a push in the right direction and an idea of what to expect. Not everybody is an expert in Google-Fu, and even if you are, sometimes you just don't know what to google for. Of course, everybody's experiences with situations is different. When I bought a home I asked a dozen friends/coworkers who owned homes questions. By the time escrow closed, I still had no clue WTF I was doing, but at least I knew in what ways I was probably getting screwed. Anywho...

So, reasons why "the hell are people asking about these sorts of things on Slashdot":

1. There's a good chance somebody else has gone through (or known somebody who has) something similar.
2. Those people can provide insight of great value.
3. Most of those will be disclaimed with IANAL, etc.
   But lawyers can cost hundereds of dollars an hour. So having a better idea of what to ask the lawyer before they're on the clock is very valuable.
4. You should always google before you Ask Slashdot. But sometimes you just can't find that set of search terms to yeild what you want. Somebody's response to your Ask Slashdot could contain some words you never thought of putting in your search that when added take you right to what you need.

You don't take your car to the dentist, but your dentist owns a car, may have had the same problem and may even recomend a good mechanic.
Of course, you have to take it in perspective of what your dentist may know about "good mechanics", but at least you'll have a better idea than you had before.

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