Employment hiccups are never pleasant and depending on how serious of an issue or problem you face, the stress can feel toppling. It can be particularly overwhelming in California when ADA accommodations intersect with severance agreement terms. These agreements, often presented when employment is coming to an end, carry a lot of weightful implications for workers with disabilities or those recovering from a workplace injury. Let’s take a look at where the Americans with Disabilities Act and California employment law intersect, but more specifically, where and how they affect severance contracts.
What Are the ADA Accommodations in 2025?
The ADA is a long-standing federal law designed to encompass and protect individuals with disabilities of all kinds from different types of workplace discrimination. Essentially, it requires your boss, the company, or the entity you are working for to provide you with “reasonable accommodations” that would allow for those employees who are qualified under the ADA to go on performing the core duties and operations of their jobs. For instance, a modified work schedule, assistive tech, or workplace adjustments fall under this law, as do other more traditional adjustments one may think of, like appropriate seating.
California’s Fair Employment and Housing Act (FEHA) adds an extra layer of protection, often going beyond federal standards. Together, these laws are set in place to ensure that employees with disabilities can thrive in their roles.
How to View Severance Agreements
When dealing with a severance agreement, it’s critical to view it as any other legally binding document or contract and not take agreeing to it lightly; these contracts are given up to employees when their employment ends, but it’s not just some nice parting gift. It’s more of a way for the employer to protect their interests. You will find compensation or benefits within these agreements but in exchange for waiving certain rights, like the capacity to sue your employer now or in the future. While severance can supply some financial security and certain advantages, it can also come at the price of legal consequences impeeding on your rights and future. Thus, as a California employee eligible for ADA protections or otherwise, you should always carefully assess the terms of your severance agreement. Furthermore, if you suffered from an injury at work and are going through a personal injury, it’s even more so the reason to tread carefully in any legal agreement between yourself and your employer. You want to protect your ability to bring a claim forward.
Your ADA Rights Under a Severance Agreement
A big worry for an employee is whether signing a severance package waives their ADA rights. Employers and their legal team will inject legal terms and confusing legally dense language into the agreement, sometimes releasing them from potential claims, including those related to disability discrimination or failure to accommodate. However, do not fret––California is aware of these attempts and has security in place for the employee.
Future Rights Are Protected: Employees cannot waive the right to request ADA accommodations for future employment. A Severance agreement does not and cannot actually impact these rights––unless you take it at face value and do not realize it does not have legal merit.
Voluntary and Informed Consent: For severance agreements to be valid documents, the party entering into it must do so voluntarily and with a clear understanding of the terms involved. Workers should be given plain language explanations of the terms and plenty of time to go over the document.
Consideration Periods: Laws like the Older Workers Benefit Protection Act (OWBPA) clarify the rights and protections of workers, including requiring employers to give ample time for their employees (specifically under OWBPA workers 40 years and older), to review severance arrangements. While the law is age-specific, it draws attention to the idea and right of informed consent in all severance planning.
The Crossover between ADA Accommodations and Severance Agreements
Employees who require ADA accommodations may encounter unique challenges when presented with severance agreements. After a workplace injury, for example, some individuals might need specific accommodation to continue performing their duties effectively. However, when employers put severance agreements onto the table instead of executing accommodations, workers must carefully consider whether the agreement provides adequate compensation for the potential loss of their ADA rights. The evaluation should be composed of both the legal and the financial aspects, and the ramifications of the agreement should be looked at under each of these domains.
Should you face termination because of a disability or are unjustly denied reasonable accommodations at work, severance agreements can get substantially trickier to manage. Agreements can contain waivers that would prevent you from pursuing disability discrimination claims against a former employer. Assessing the trade-offs between accepting a severance package and retaining the ability to file legal claims for discrimination is pivotal.
Health benefits and accommodation play another major role in negotiations when trying to arrive at a fair severance agreement. Provisions for continued health coverage, like COBRA, are common in severance agreements, but they may simultaneously terminate workplace accommodations. Employees managing ongoing medical needs should scrutinize these provisions to ensure their health coverage and workplace accessibility are not unduly compromised.
Additionally, severance agreements represent a financial trade-off in a way for employees with disabilities. While the immediate compensation offered by severance can give you that short-term relief, you need to check if it’s really worth waiving the right to challenge your employer’s past actions under the ADA. Weighing your options here will require detailed knowledge of agreement terms and awareness of the possible long-term consequences.
Lastly, future employment mapping should not be overlooked during the severance process. While a severance contract cannot legally waive your rights as an employee who qualifies under the ADA for accommodations in future workplaces, any ambiguity in the agreement language could initiate confusion. Employees should ensure the terms clearly affirm their continued rights under the ADA, preserving access to necessary accommodations as they advance in their careers.
Protecting Your Rights
Before going ahead with a severance agreement, you will want to identify its areas of concern and develop a strategy to tackle them, especially if ADA considerations are also on the table. The guide below can serve as a checklist for some solid steps to ensure your ADA rights are upheld throughout the process.
- Take a Beat: As soon as you are made aware of the severance contract, you may feel inclined to sign expeditiously––but that feeling or pressure to sign could be from a lingering sense of obligation to your employer, a drive to fulfill a duty, get the job done, etc. However, it is important to push those out of your mind and focus on the matter at hand––a legally binding agreement that has instant effects in the present and often leads to many having impacts far into your future.
- Looking Through Lenses of Employment Law: You should consult a lawyer who is well-versed in California’s employment laws. They can review the agreement and help you get the fair and favorable terms you deserve.
- Clear Expectations: Ask your employer to clarify any unfamiliar language, break down the terms, and point out areas that could impact your ADA accommodations and other disability rights. Open communication can prevent misinterpretations.
- What Are You Waiving: You also need to review the agreement for any claims that might be included in the release. All employees have rights when presented with severance agreements and other employment contracts, especially employees with disabilities. An employer cannot demand, pressure, or persuade you to waive future ADA rights, but they can include past claims in the agreement.
- Consider Alternative Solutions: If the severance terms do not meet your needs, consider exploring other options, including mediation or filing a claim. You may file a claim via the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD).
The Employer’s Responsibilities
All employers have a legal duty to only issue severance agreements that are in compliance with employment law, employee rights, ADA requirements, and California’s disability regulations. Failure to do so can usher in legal challenges. For instance, an overly broad waiver or an inadequate period for review could render an agreement unenforceable. Offering accommodations, rather than defaulting to a severance agreement, demonstrates a dedication to working and fighting for inclusivity and remaining in balance with disability rights and laws. Employers should be looking at the long-term advantages of supporting their staff over short-term solutions.
Stepping Into Clarity and Your Power
When ADA accommodations come into play, overlapping with severance agreements, employees interact with a complicated blend of legal, financial, and personal factors, all of which will need careful consideration and knowledge to be championed. It is pivotal to recognize that severance agreement contracts will have far-reaching consequences on your career path moving forward and your well-being. As someone with a disability or those recovering from workplace injuries, it is imperative to assess each fragment of such an agreement prior to signing your name. Ambiguous terms, legalization, clauses waiving potential claims, or insufficient accommodations can seriously impair your future, so you must take a long look at what you will consent to and ensure the terms are reasonable ones you can live with and that they are transparent to you from every angle.
Therefore, talking with an adept employment attorney is a wise and strategic step to securing yourself an agreement that lines up with your needs and rights––not just those of your employer. A legal guide experienced in California employment law and ADA accommodations will be able to provide critical discernment into the ins and outs of severance contracts and how they affect your legal protections. As you progress in the severance process, maintain open communication with your employer and ask for clarification on unclear terms. Do not be afraid of claiming additional time to review the contract, as that is your right. Schedule a confidential consultation with a trusted California employment attorney by calling us at 909-884-6451 for a free consultation.
