How to Handle Disability Discrimination in the Workplace
Employers that discriminate against people with physical or mental disabilities break the law. Holding them accountable yields benefits for the individuals subjected to unfair and harmful treatment.
Unfortunately, identifying and stopping disability discrimination in the workplace can be difficult. Anyone in central Ohio who experiences or witnesses discriminatory behavior based on physical or mental capabilities should seek advice from a Columbus disability discrimination lawyer. Failing to follow the proper procedures for documenting, reporting, and seeking remedies for discrimination can result in no corrective action being taken.
Know the Law on Disability Discrimination
The Americans with Disabilities Act (ADA) requires employers, supervisors, managers, and co-workers to treat all employees and job applicants who have disabilities fairly and respectfully. The law covers many aspects of seeking and holding a job, so the Columbus, Ohio-based disability discrimination attorneys with The Friedmann Firm have posted this list of frequently asked questions regarding the ADA. Topics addressed include
- Protections offered by the ADA, especially regarding reasonable accommodations;
- Knowing whether you are protected by the ADA as a “qualified individual”;
- The definition of disability discrimination;
- The definition of disability under the ADA;
- The definition of and examples of reasonable accommodations;
- Whether an employer can require medical exams for job seekers and employees; and
- Whether managers and supervisors can ask questions about a suspected disability or known disability.
Recognizing Discriminatory Behavior
The Equal Employment Opportunity Commission (EEOC) enforces the ADA. On its website, the commission makes it clear that the law prohibits unfair or unequal treatment when it comes to “hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.” The ADA also makes it illegal for any person in a workplace to harass or bully someone who is disabled.
Perhaps the most-important employment protection the ADA provides is the one that requires employers to make reasonable accommodations for workers’ disabilities. When an accommodation is refused for a discriminatory reason and the employer cannot show that granting the accommodation would cause an “undue burden,” the employer may be violating the law.
How To Request A Reasonable Accommodation
An employee is typically responsible for asking for a reasonable accommodation for a disability. Because of this, speaking with a caring Columbus discrimination lawyer can be a valuable first step. A knowledgeable attorney will be able to offer an opinion on what steps to take.
Generally, the process of requesting a reasonable accommodation for a disability is as follows:
- Speak with your manager or supervisor about the need for a reasonable accommodation. Ask he or she what you need to provide to request a reasonable accommodation. If this conversation is in-person, ALWAYS follow it with an email and keep a copy of that email.
- If you don’t receive an adequate response, contact Human Resources. Alternatively, you can go to Human Resources as your first step.
- After you have a conversation about what you need to provide to request a reasonable accommodation, be sure to provide medical documentation from your doctor to prove that you actually need a reasonable accommodation. If possible, have your doctor review your job description and explain why you need a reasonable accommodation.
- A conversation between you and the employer will likely take place, in which you will be told whether or not your reasonable accommodation can be provided. If the employer says it cannot provide it, it must prove that doing so would be an “undue burden.” This typically means too expensive, time consuming or a waste of resources.
- Lastly, consulting with a Columbus disability attorney throughout this process is vital to ensuring you ask for a reasonable accommodation in the right way. We can also provide advice as to whether a reasonable accommodation is truly an “undue burden” on an employer.
The Columbus, Ohio, disability discrimination attorneys with The Friedmann Firm offer free and confidential consultations. Call us at 614.610.9755 or request an appointment online.
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!