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 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.