Disability Discrimination Attorney Cleveland, Ohio
The rights of employees and job applicants who have disabilities are protected by the Americans with Disabilities Act, more commonly referred to as the ADA. Under the ADA, employers must treat workers and jobseekers the same as they would non-disabled individuals. Any type of discrimination or mistreatment related to a person’s disability could subject an employer to liability.
As ADA attorneys in Cleveland, Ohio, the lawyers with The Friedmann Firm welcome opportunities to fight for employees and job applicants when employers do not meet their legal obligations. We answer a few of the most frequently asked question about the ADA here. We can provide more detailed information and discuss possible claims if you schedule a free consultation. Call us at 440.703.8550 or connect with us through this online contact form to request an appointment.
What does the Americans with Disabilities Act require employers to do?
The ADA makes it illegal for companies and agencies to discriminate against people with disabilities when it comes to advertising open positions, conducting interviews, making hiring decisions, providing training, assigning tasks, granting raises and promotions, offering benefits and setting the terms and conditions of employment.
The ADA requires an employer to allow any person who is qualified to do a job to do that job even if the person requires one or more reasonable accommodations to complete assigned tasks, as long as that reasonable accommodation is not an undue burden. An undue burden is a legal term but it essentially means that it is not too time consuming or expensive for the employer to provide and that it doesn’t interfere with the employer’s ability to run its business.
What is a reasonable accommodation under the ADA?
Typical reasonable accommodations include allowing an employee to take additional breaks, giving a job applicant extra time to complete a screening test, changing the layout of a workstation, and redesigning tasks to limit the need for climbing stairs or walking long distances.
The ADA gives an employer some leeway in determining what constitutes a reasonable accommodation. For instance, employers are allowed to consider how much making an accommodation would cost and whether making an accommodation would result in other employees being treated unfairly.
Many ADA lawsuits boil down to the question of whether an employer was justified in refusing to make a requested accommodation. Consulting with a knowledgeable ADA attorney will help workers in Cleveland understand the criteria for designating an accommodation reasonable or unreasonable.
Does an employee or job applicant need to request a reasonable accommodation?
Yes. An employer has no legal obligation to offer an accommodation without being asked to do so. Once an employer becomes aware of a desired accommodation, it is allowed to negotiate the type of accommodation to offer. That is called the “interactive process.” An employer that refuses to engage in the interactive process can be sued.
How do I know if I am disabled enough to receive job protections under the ADA?
According to the U.S. Department of Justice, “An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.”
The ADA further requires that a person who requests an accommodation be actually qualified to do the job.
Can an employer demand medical proof for an employee’s disability?
Yes, but only under strict rules and never as a condition for offering a job or training opportunity. With regard to the hiring process, the ADA mandates the following:
- An employer cannot ask job applicants about the nature or severity of a disability.
- An employer cannot require a job applicant to submit to a medical examination before the employer extends a job offer.
- An employer can ask job applicants how they would complete tasks with or without accommodations and can even ask an employee with a disability to demonstrate how he or she might perform a task. This is to ensure employees can perform the essential functions of the position.
- An employer can rescind a job offer if a preemployment medical exam reveals a disability that cannot be reasonably accommodated or that might result in a safety risk, given the specific job duties.
- Any preemployment medical exam must be the same for all job candidates and must be aimed only at revealing whether a job candidate can perform assigned tasks.
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!