Writing an ADA-Related Termination Letter

A termination letter involving disability should accurately document a lawful decision already reached through the required process. There is no phrase that makes an otherwise discriminatory termination ADA-compliant. Review essential functions, qualification, accommodations, leave, and the actual reason before drafting. [1]

Complete the underlying analysis

Identify the job’s essential functions and the employee’s current restrictions. Consider effective reasonable accommodations through an individualized process and evaluate undue hardship under the governing standard. A fixed absence limit or a diagnosis alone should not replace that assessment. [1] [2]

Include concrete facts

State the decision and effective date, the accurate nonmisleading reason, and necessary information about final pay, benefits, property return, and any available internal review. Those administrative details can be governed by state law or plan documents and should be checked separately.

Avoid unnecessary medical disclosures

Do not circulate a diagnosis or sensitive medical details merely to justify the decision. Medical confidentiality duties continue. Avoid unsupported claims such as “the ADA requires termination” or “all accommodations were impossible” unless the actual record supports the narrower legal conclusion.

For example, a documented inability to perform essential functions after evaluation of effective accommodations is different from a letter saying the employee is being dismissed simply for having a disability.

Match the letter to the record

Preserve accommodation communications, restrictions, job duties, alternatives considered, and the decision rationale. Inconsistent explanations can create additional problems.

Use supported language rather than a legal slogan

A statement that an employee cannot perform a specified essential function should be tied to the actual duty, current evidence, and accommodation analysis. Merely inserting “with or without reasonable accommodation” does not prove the process occurred. If the reason is a genuine independent layoff or misconduct, state that accurate reason rather than recasting it as a disability decision after the fact. [1] [2]

Review whether any accommodation request, protected leave, complaint, or certification remains unresolved and whether the decision’s timing or explanation is inconsistent with earlier records. A concise letter can be appropriate while the supporting file contains the detailed analysis. It should not invent admissions, imply medical conclusions the employer lacks, or promise benefits controlled by another administrator. Check state final-pay and notice requirements separately and provide the actual documents rather than relying on one generic ADA paragraph to satisfy every obligation.

See disability-documentation rules and termination during disability leave. Insurance eligibility and expiration of FMLA are separate from the ADA decision.

Primary sources

  1. Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the ADA
  2. 42 U.S.C. 12112

Sources checked: October 31, 2026.