The Americans with Disabilities Act was enacted in 1990, and protects citizens with disabilities in places of employment, transportation, housing, government and other defined spaces. For the purpose of this article, however, we are going to focus on ADA employment discrimination in Ohio.
Under the ADA, it is unlawful for employers to discriminate against employees or potential employees due to their disability.
There is not an exhaustive and comprehensive list of disabilities that the act protects, but common disabilities are as follows:
- Intellectual disabilities
- Mobility impairment that requires the use of a wheelchair
- Post-traumatic stress disorder
- Partial or completely missing limbs
When it comes to ADA disability discrimination in Ohio, it is crucial to be able to identify what constitutes employment discrimination. If an applicant with a disability is simply not qualified for a position at a place of employment because they can’t perform the essential functions, it is not discrimination. However, if an applicant is qualified and turned down for the position due to their disability, that may qualify as discrimination in the workplace.
If an employee is fired, demoted or placed on leave due to a pre-existing or recently diagnosed disability, that may also be considered ADA employment discrimination in Ohio.
If you are unsure as to what the disability discrimination laws are in Ohio and believe that you have been discriminated against because of your protected disability, it is imperative that you contact an employment and labor law attorney to help you determine your next steps.
The Equal Employment Opportunity Commission requires employers to offer a reasonable accommodation in some circumstances. An employer must engage in what is called the “interactive process” if an employee requests a reasonable accommodation for his or her disability. Reasonable accommodations can be made to allow a person with a disability to perform the essential functions of the position. A reasonable accommodation is any small adjustment or change in position and workplace that will allow an employee to perform their job duties despite having a disability.
Some examples of reasonable accommodations are:
- Having a larger workspace to allow for a wheelchair user to maneuver;
- Allowing occasional, small break for diabetics to test and treat blood sugars;
- Installing computer screen magnifiers or telecommunication monitors for those who have sight and hearing disabilities;
- Restructuring the workweek by allowing four 10-hour work days to accommodate medical treatment.
As long as the accommodation is reasonable and does not cause the employer an undue burden, the employer should grant the reasonable accommodation.
If you believe that your employer is discriminating against you due to your disability, contact the Friedmann Firm for a free case consultation to help you determine your next steps. Our friendly and experienced staff will guide you through the legal steps of filing a claim.
Rachel and Dominick were incredibly helpful throughout the entire process. They got back to me quickly, whenever I had questions, which helped me stay calm during a very stressful time. Rachel was confident in her abilities and knowledge of the labor laws, and she was able to secure a settlement for me. If you ever find yourself in a situation that requires you take action against an employer, I would highly recommend the Friedman Firm. There's no one I would recommend more to be in your corner.
If you are in need of an employment attorney, this is your sign to talk to Rachel and Jamie. Amazing!! They handled my case like the true professionals they are! They stuck to a strategy, even when it seemed like it wasn’t going our way and BAM! We get the outcome we wanted. I couldn’t be happier and I will always return to them if I EVER have an employment issue again. Thank you so much for helping me and my family!
Dedicated! Thorough! Detailed! Professional! Personable! I can keep going with the many qualities Pete and his team have. I highly recommend him!!! You won't be disappointed.
I needed an employment lawyer to work through a non compete. Pete at The Friedmann Firm was listed as one of the three best rated employment lawyers on a local website. I called him in the morning and later that night he was on the case and provided sound council through a very tense negotiation. Don’t take a chance with your career, reach out and get good council. Pete was very responsive every step of the way and delivered positive results. I highly recommend Pete and his Firm!
Rachel was top-notch from start to finish. She was responsible, professional, quick to respond to emails, texts or phone calls. She gives it to you straight, which I prefer! She thinks outside the box and is definitely the dog you want in the fight for you. She does not waste time and immediately dives right in to get the best results she can for you. I would highly recommend Rachel and her firm to anyone who wants to get the job done right, the first time, in a professional, compassionate and decisive manner.
My wife used this firm for a matter she had with her former employer. She could not have been more satisfied with their services. They were timely in responses, courteous, and very thoughtful. This was a difficult process for her and Pete made it so much easier by handling all of the details of her case.
Rachel Sabo of The Friedmann Firm believed in me when no one else did & helped me through every step of my legal process. Very happy with the firm’s professionalism & dedication to my case.
I called them with some questions about my employment and Jamie was very helpful. I didn’t need an attorney to handle a case for me - only to help me navigate an issue I was having at work. She answered my questions and I felt she truly listened to me. I’d recommend this firm to anyone looking for an employment lawyer. Thank you!
Pete resolved issues I was having with my employer in a quick and favorable manner. He is also easy to talk to and understands his clients rights AND needs. You’d do right to call The Friedmann Firm.
I had a terrific experience with Rachel. She handled my case in a very professional manner. She made herself available and always kept me updated. Her knowledge of the law is incredible. She took the time to educate me on the legal processes so I understood what was happening with my case. Thank you Rachel for helping me navigate a most difficult situation. I am so thankful to have had you as my attorney. You have my highest recommendation.