Disability Discrimination Attorney

Columbus Disability Discrimination Attorneys

Federal law and Ohio law protect employees with disabilities from being wrongfully terminated, or otherwise treated unfairly, due to their disabilities. 

The Americans with Disabilities Act (ADA) prohibits employment discrimination against employees who have a “disability” , but are “qualified” to perform his or her job. The ADA further protects those employees against discrimination in the employment context of:

  • Recruitment
  • Training
  • Hiring
  • Promotions
  • Compensation
  • Firing

Who is protected under the ADA?

While most of us have our own perception of what a disability means, the ADA has specific definitions that a condition must fall into in order to qualify as a “disability.” Often times, establishing a condition as a disability may be a difficult task, which having a Columbus disability discrimination lawyer may help. However, generally speaking, the ADA defines a disability to mean one of two ways:

  1. An employee who has a disability: “a person who has a physical or mental impairment that substantially limits one or more major life activities.”
  2. An employee who has a history of a disability: “a person who has a history or record of such an impairment.”
  3. An employee who is regarded as, or perceived as, having a disability by his or her employer: “a person who is perceived by others as having such an impairment.”

What employers are covered under the ADA?

For one to be protected under the ADA, an employer must be covered. For the most part, employers, including state and local governments, are covered by the ADA if they have 15 or more employees. However, for purposes of pursuing a disability discrimination under state law, Ohio law applies to employers with only 4 employees. Therefore, you should speak with a Columbus disability discrimination attorney to determine what claims may be viable to pursue.

What is a disability under the ADA?

While the ADA does not provide a list of conditions consider as disabilities, the regulations identify certain conditions that should be considered as disabilities, including, but are not limited to the following:

  • Deafness;
  • Blindness;
  • Cancer;
  • Epilepsy;
  • Partial or completely missing limbs;
  • Mobility impairments that require the use of a wheelchair;
  • Multiple Sclerosis;
  • Muscular dystrophy;
  • Bipolar disorder;
  • Post-traumatic stress disorder;
  • Obsessive-compulsive disorder;
  • Schizophrenia

What is considered a reasonable accommodation?

Employers are required to provide a reasonable accommodation to employees or applications with disabilities, so long as they do not create an undue hardship for the employer. A reasonable accommodation is a modification or adjustment in the workplace to help those with disabilities perform the duties of a job or enjoy the same benefits and privileges of employment as someone without a disability. Each required accommodation may vary based on the disability or specific employee. To determine whether granting a reasonable accommodation creates an undue hardship, the court will look to a number of factors including the company’s size and type of business and financial situation as well as other factors. However, a failure to provide reasonable accommodations can also be a result of a Columbus disability discrimination claim.

Some examples of reasonable accommodations may include but are not limited to:

  • Changing work schedules
  • Modifying or purchasing new equipment
  • Creating a handicap accessible workplace
  • Adjusting training materials or work schedules

If your employer has failed to provide a reasonable accommodation, we would recommend calling a Columbus disability discrimination attorney to discuss what rights you may have to pursue a potential claim.

Call to discuss your Ohio disability discrimination claim

If you feel as though you have experienced employment discrimination, call (614) 221-4035 to speak with a trusted and experienced Columbus disability discrimination lawyer. We also provide free consultations.

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