Can my boss be sued for firing an employee with down syndrome because the job has been eliminated?

Question

My boss and best friend has been ordered by higher ups to fire an employee with down syndrome because all he did was fold boxes and now they are having pre folded boxes delivered and the job has been eliminated. She is worried about  the legal ramifications of having to fire him. My question is could she be sued for firing him? This is in texas. I'd like to note she isnt happy about firing him , and it wasnt what she wanted. But her higher ups have ordered it. 

Answer 1

Unless there is evidence that the job was eliminated because the employee had down syndrome, there is nothing illegal in firing ANYONE because their job is being eliminated.

In the case you describe, it at least appears that eliminating the job was a legitimate business choice. In order for the employee to have a legitimate case, they would have to show that the decision to switch to pre-folded boxes was made as a excuse to fire them.

Answer 2

This is like that Walmart case where mentally challenged greeters were getting fired because the position has been eliminated. There were backlash from the public but there’s no legal ramifications because the position has been eliminated. Now if she were to eliminate the position just to fire him due to his disability and then reinstate the position later then there’s ramifications.  

She can always reassign him to another position. 

Answer 3

She can't be sued personally. And the ADA doesn't protect workers when there is no work. Employers must only make reasonable accommodations. If a job performed by a disabled person is eliminated and there is no work the person can perform, they're not being fired, they are being laid off due to company restructuring.

Answer 4

Friend being fired has the connotation of being terminated from your job for misconduct. When you have to lay off a worker because the job has been replaced by automation or pre folded boxes the person is not being fired he's being laid off the person is eligible to collect unemployment compensation because the job no longer exists. The person is not being fired for being autistic. He's being laid off because somebody is purchasing pre folded boxes. The job is being eliminated the person that was holding the boxes manually is out of a job and he collect unemployment compensation.

There is no ground for a lawsuit there.

Answer 5

If the job has been eliminated there is no problem with letting the employee. There is a difference between firing someone and laying them off

Answer 6

Yes.  There is no special job protection that comes with a disability.  

What "legal ramifications" does your boss anticipate?  Of course anyone can be terminated if the job is eliminated.

This is NOT discrimination if that is what your friend is thinking.  I'm ASTONISHED that a "boss" would have such little understanding of the employment laws.

Answer 7

SHE wouldn't be sued. If it was unfair dismissal the COMPANY would be. However it's not even an unfair dismissal. 

• Colleen Condon3 weeks agoReport

  I never pretended to have any legal knowledge. If I did,  I wouldn't be on here asking a question to try and reassure my friend. I was pretty sure she couldn't be sued but I wanted a secound opinion so I didn't lie to her. Thanks for being rude. 
  

Answer 8

She should be working her *** off to see if she can find him another position. These things have a way of taking on their own form and getting out of hand fairly quickly. It can go either way, if those that surround this kid understand and have level heads. You'll be fine. If they go all activist, then it could become a national story.

Answer 9

They should try to find them another job within the firm, they may be in trouble if they just sack them!

Answer 10

I doubt they could be sued but that is really sad.