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.