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Disability Discrimination Attorneys Columbus, Ohio

What protections does the ADA offer?

The ADA prohibits employers from discriminating in all employment practices, such as hiring, firing, advancement, training and other terms and conditions of employment.

 

How do I know if I am protected by the ADA?

If you are a “qualified individual” with a disability, you are protected. Consult with a Columbus ADA disability attorney to see if your disability or medical condition provides protection under the ADA.

 

What is the definition of disability discrimination?

It varies but very generally, a disabled person is someone who:

  • Has a physical or mental impairment that substantially limits one or more life functions;
  • Has a record of having such impairment; or
  • Is regarded (perceived by the employer) as having an impairment.

 

What does “qualified individual” mean?

A qualified individual is an individual with a disability who can perform the essential functions of the job, with or without a reasonable accommodation.

 

What is a reasonable accommodation?

An adjustment or modification provided by the employer that allows a disabled employee to have the same opportunities as other, non-disabled employees. Every person is different and may require a different accommodation. If the accommodation does not impose an “undue hardship” on the employer, the employer is required to make reasonable accommodations for disabled employees.

 

What are some examples of reasonable accommodations? 

  • Allowing an employee with a medical condition to alter a schedule or use “flex time” to attend doctor’s appointments without incurring discipline for attendance problems.
  • Allowing an employee to take breaks to administer medication for an ongoing medical condition, like cancer or diabetes.
  • Allowing an employee to sit for longer periods of time if their doctor has imposed “light duty” restrictions.
  • Must I request a reasonable accommodation in order for the employer to provide it?
  • YES. An employer is only required to accommodate a known disability of a qualified employee or applicant. You must make your employer aware of the problem you are having and propose reasonable accommodations. After you tell your employer you need a reasonable accommodation, your employer should discuss possible options with you.

 

What limitations does the ADA impose on medical exams and inquiries about disability? 

  • An employer cannot ask an employee to take a medical examination before extending a job offer.
  • It also cannot make any pre-employment inquiries about a disability or the nature and/or severity of a disability.
  • An employer can ask an employee about the ability to perform specific job functions with or without limitations, and an employer can ask an employee how he or she would perform specific job functions.
  • An offer of employment can be made contingent upon the results of a medical exam, but only if all employees have to undergo the same medical exam.
  • A medical exam may only seek information regarding whether the employee is able to perform the functions of his or her job.

 

Call our Columbus disability discrimination lawyers at The Friedmann Firm today. We offer free consultations.