Can My Employer Fire Me Because I Have Covid-19?
Generally speaking: NO.
Under federal, New York State, and New York City law protecting individuals with disabilities, you cannot be fired simply because you have been diagnosed with Covid-19. Nor can you be fired for having an underlying condition that may render you more vulnerable to Covid-19 (such as asthma, a heart condition or diabetes).
Can I Be Fired If I Am Recovering From Covid-19?
NO.
You also cannot be fired just because you are recovering from Covid-19. If you cannot perform all of your usual duties because you are recovering from Covid-19, your employer has an obligation to work with you through an “interactive process” to identify a reasonable accommodation that will permit you to perform your job. Common ways in which an employer may be able to accommodate you are by providing accessible equipment, job restructuring or a modified work schedule. In certain cases, the employer’s failure to engage in the interactive process alone may support a finding of discrimination. While there are limits, and your employer is not necessarily required to provide an accommodation that would be an “undue hardship,” the standard, particularly under New York City law, favors employees.
You Also Cannot Be Subject to Retaliation For Requesting an Accommodation
If your employer denies your requested accommodation, your employer cannot treat you negatively for making this request or for your statement that the failure to offer an accommodation to you is illegal. Such actions are against the law. Under the federal statute, you have to show that you (1) participated in protected activity, such as requesting and/or receiving an accommodation; (2) that your employer knew about your protected activity, meaning that you asked someone who can make such decisions; (3) an adverse employment action occurs, including a demotion or a termination; and (4) that there is a causal or close connection in time between your request and the negative employment action. The standard under New York State and New York City law are a bit different. For example, under the City law instead of showing that an adverse employment action occurred, you need only show that the employer’s action was reasonably likely to discourage an employee from engaging in certain actions. Regardless, you should not be penalized just for trying to work with your employer to address these issues.
If you would like to discuss your situation with us, please feel free to call or email us at any time. You will be on the phone with an attorney within 24 hours.