Disability Discrimination Lawyer Cincinnati Ohio
The Friedmann Firm’s team of ADA lawyers in Cincinnati, Ohio is dedicated to helping disabled employees protect their rights in all types of employment situations. Whether employees are facing discrimination throughout the hiring process, are being denied employment promotions, or are being denied reasonable accommodations, our team of disability discrimination lawyers can help.
What Kind of Protection Do Disabled Individuals Have Under the ADA?
As an employee with a disability, there are certain federal and state laws that apply to you and are intended to protect you against discrimination based on disability. One of these federal laws is the Americans with Disabilities Act (ADA).
Enacted in 1990, this act provides protection to citizens with disabilities in a number of spaces including the workplace, housing, government, and transportation. If you have a disability, you are protected by the ADA. The definition of disability under the ADA is broad so if you have questions about whether you may qualify as “disabled,” as that term is defined by the ADA, don’t hesitate to call us. Our firm specializes in how the ADA protects and impacts employees.
Some disabilities that fall under ADA protection include:
- Partial or completely missing limbs
- Intellectual disabilities
- Post-traumatic stress disorder
This is not a fully comprehensive list, and the ADA covers many, many other disabilities.
Unsure if your disability is covered by the ADA? You can consult with an ADA discrimination attorney in Cincinnati, OH to try to find the answers you are seeking.
Under the ADA, employers are required to provide disabled employees with equal opportunities to “benefit from employment-related opportunities available to others.” This essentially means that disabled individuals cannot be treated less favorably than non-disabled individuals. This applies during the hiring process, promotions, pay, social activities, recruitment, and employee benefits.
Employers who are covered by the ADA are prohibited from discriminating against employees with disabilities. It is important for you to be able to identify what is considered disability discrimination in the workplace – both as an employee and during the hiring process itself.
Examples of disability discrimination that you may face as an employee include:
- Harassment is rooted in the fact that an employee is disabled – this can come through as written, verbal, or physical harassment.
- Denial of reasonable accommodations in certain situations where the accommodation would not cause the employer an “undue hardship.”
- Direct discrimination such as an employer denying an employee a promotion or benefits based on their disability.
- Indirect discrimination through policies or general business practices places employees with disabilities at a disadvantage.
- Failing to hire an employee once it is apparent the person is disabled.
Speak with an employment disability discrimination lawyer in Cincinnati if you are facing or suspect you are facing disability discrimination at work.
Ohio State Law on Disability Discrimination
In addition to the ADA protections, Ohio state law also protects disabled employees from discrimination. Section 4112.02 of the Ohio Revised Code states that:
“For any employer, because of the race, color, religion, sex, military status, national origin, disability, age, or ancestry of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to hiring, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.”
Ohio’s laws are a “mirror image” of the ADA, meaning the laws are very similar and afford employees the same or similar protection as the ADA.
Termination Based on a Disability
Disability discrimination can appear in several different ways, including being terminated based on a disability. The ADA protects disabled individuals from being fired solely based on their disability, even in an at-will state such as Ohio.
The ADA outlines three situations where employers can fire individuals with disabilities. These situations include:
- A termination is unrelated to a disability
- The employee is terminated “does not meet legitimate requirements for the job, such as performance or production standards, with or without a reasonable accommodation”
- An employee poses a direct threat to the health or safety in the workplace due to their disability
These terms are confusing, and you may not know whether your employer can legally terminate you. Give us call and we can guide you and ensure you understand what an employer can legally do as it relates to disabled employees. For example, if you physically cannot work due to a disability for several months, your employer may not have to hold your job for you. Similarly, if your disability renders you completely unable to perform the essential functions of your position, even with a reasonable accommodation, your employer may not have to keep you in the position. It is best to speak to an experienced ADA lawyer to understand what is permissible for an employer to do. If you equip yourself with that knowledge, you will be in a much better position to speak to your employer and advocate for yourself.
In cases of wrongful termination (when an employee is fired for unlawful reasons) based on an employee’s disability, the first step in the litigation process is often filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Ohio Civil Rights Commission (OCRC). If possible, you should do this with the assistance of an attorney to ensure you file your Charge of Discrimination correctly. An incorrect filing can result in a waiver of claims you may have.
The EEOC and the OCRC handle complaints related to discrimination, such as disability discrimination in the workplace, and will investigate the claim. You can file online, in person at an EEOC/OCRC office, over the phone, and by mail. For more on how to file a charge of discrimination, see the EEOC’s guide. You can also visit the Ohio Civil Rights Commission’s website for further information.
Our Cincinnati lawyers for the Americans with Disabilities Act can assist you in filing a charge of discrimination with the EEOC or OCRC. You will want to make sure you file before the statute of limitations for your particular claim.
What Can Cincinnati Lawyers for the Americans with Disabilities Act Help With?
A Cincinnati disability discrimination lawyer will be able to help you understand when it makes the most sense to take legal action. With a deep understanding of federal and state labor laws and anti-discrimination regulations, we can provide you with legal advice and expert guidance on how to proceed.
Call an Experienced Cincinnati Disability Discrimination Lawyer Today
By reaching out to The Friedmann Firm LLC, you can connect with an experienced employment disability attorney in Cincinnati, OH. We represent clients across all industries, from the healthcare industry to the service industry, to ensure that employers are following appropriate guidelines in areas like the hiring process and providing reasonable accommodations in the workplace.
If you believe you are facing disability discrimination in the workplace, consider reaching out to The Friedmann Firm. You can schedule a free and confidential consultation with an employment lawyer in Cincinnati, Ohio at 513-845-7330 or through our online contact form.
Let’s discuss your case together and determine how to move forward.
AREAS OF PRACTICE
Rachel was absolutely amazing. As an attorney she really took the time to really listen to my concerns. She was honest and kept me informed every step of the way. The outcome was favorable on my behalf and I appreciate her efforts to achieve a good outcome. I would highly recommend her and the Friedmann firm to represent me if ever needed in future.
Working with Rachel Sabo from Friedmann Firm was absolutely amazing! She upholds integrity, honesty and without a doubt fights for what is right! Rachel was extremely transparent and real! Please don’t let wrong be right, Rachel will strive to advocate and put her whole heart in obtaining resolve in your situation! What an absolute blessing, she won my case in less than 1 week💪
My experience with the Friedmann Firm is an absolute 5 stars. From my very first call with Karen, to all of my communication with Rachel, everything exceeded all of my expectations. Rachel and Karen were so caring and understanding in a very sensitive situation. They responded immediately to any questions or concerns I had. I would HIGHLY recommend the Friedmann Firm. They are caring, professional, understanding, and I would trust them with any issue I have in the future.
Rachel and the Friedmann Firm were fantastic to work with. The thought of needing an employment lawyer was scary for me, it was confusing and complex. But Rachel listened, asked questions and took time to really understand me and my priorities. I felt calm, supported and excited for the first time in weeks after talking to her!! We worked together to review everything, set expectations and meet my priorities! Thanks Rachel and team for all your work!!!
Rachel Friedmann of the Friedman Firm was my attorney for a very recent legal matter. I would highly recommend Rachel based on her legal knowledge, her honest appraisal of the matter and expected outcomes, her open communication and timely responses to my questions and the matter itself, and her steadfastness in dealing with the opposing counsel until a final agreement was reached.
Rachel and her staff went over and above the call of duty to help me achieve fiscal resolution to my legal issue. She wasn’t always available to talk but was always responsive via text and email when in court out of the office and even on vacation. I feel she earned her percentage cut.
Couldn’t be happier with the representation I received from Jamie Bailey on my civil litigation case. She worked tirelessly to resolve the case and in the end negotiated a fair settlement on my behalf. I would highly recommend her to anyone! Thanks for everything Friedman law firm.
Friedman Firm was a great help in a difficult time in my life. They went above and beyond to get me back on track. Rachel was so good to work with and is extremely knowledgeable about the law and employment rights. Can't thank them enough for all there hard work. Highly recommend them to anyone.
The Friedmann Firm (specifically Pete Friedmann) represented me through what seemed like a never ending employment discrimination suit. The suit was filed just before Covid shut everything down in 2020. Add to that a former employer who refused to admit fault. In spite of all of that, Pete stood resolute in his representation of me and working for the best outcome for me. We ended up settling prior to trial and I was more than satisfied with the results. Pete was always available to answer questions and reassure me throughout this process. I highly recommend The Friedmann Firm!
Pete Friedmann and his firm are fantastic. He represented me for more than a year going through a suit with a previous employer. He walked me through every step of the process and was always quick to respond to any questions I had. My settlement came in and we parted ways with both sides being pleased with the outcome. I highly recommend the Friedmann firm and wouldn’t hesitate to use them again in the future if the need arose. Thank you, Pete!
Rachel and the Friedmann Firm have been amazing to work with. Rachel was very helpful, listened to our concerns and took our case. She communicated well throughout and really worked for us. We were very well represented!
I loved working with The Friedmann Firm. Rachel and Jamie are exceptional lawyers and were diligent in reviewing my case and letting me know of my options. Jamie was extremely thorough and handled even the smallest details of my case with ease. The entire process was seamless and they were always quick to respond to emails and calls. I would definitely recommend working with The Friedmann Firm.
I would recommend Rachel Sabo Friedmann and the Friedmann firm for severance negotiations. Rachel was always available and responsive and made an effort to ensure I was updated on every step of the process. Her diligent efforts produced a prompt resolution and we are very happy with the results!