You have the right to work without facing discrimination because of your disability. Ohio law clearly defines your rights. Knowing these rights can help you recognize and report this type of wrongdoing.
Breaking down Ohio’s anti-discrimination laws
Ohio law bars employers from treating you differently because of your disability. This applies to companies with four or more employees. If your employer has 15 or more employees, federal law also protects you. The Americans with Disabilities Act (ADA) may give you additional rights and legal options.
Ohio law protects you in three situations. First, you may qualify if you have a physical or mental condition that greatly limits a major life activity. Examples include walking, seeing, hearing or concentrating. Second, you may qualify if you have a history of such a condition. Third, you may qualify if your employer treats you as though you have one.
Ohio law also covers a wide range of conditions, including:
- Chronic pain disorders
- Hearing or vision loss
- Mobility limitations
- Anxiety, depression or other mental health conditions
- Conditions that affect the brain or nervous system
- Learning disabilities
- Diabetes or other chronic illnesses
- Cancer
- Post-traumatic stress disorder
A condition does not need to be visible or permanent to qualify for legal protection under Ohio law.
Common industries where workplace disability discrimination happens
Disability discrimination affects workers across many industries. Some fields see more cases than others. This is often because of the physical or mental demands placed on workers. Industries where disability discrimination happens most often include:
- Healthcare workers: Nurses, physicians and medical assistants may face discrimination for physical limitations or mental health conditions that affect their schedule or duties.
- Manufacturing and warehouse workers: Factory operators and warehouse staff may face discrimination for mobility limitations or injuries that affect their physical work.
- Retail employees: Sales associates and cashiers may face discrimination for chronic conditions that affect their ability to stand or move for long periods.
- Education professionals: Teachers and school staff may face discrimination for mental health conditions or learning disabilities that affect their classroom performance.
- Construction workers: Laborers and skilled trade workers may face discrimination after getting hurt on the job.
- Technology professionals: Software developers and engineers may experience discrimination for mental health or neurological concerns that affect their work style.
- Transportation workers: Drivers and logistics workers may face discrimination for physical impairments that affect their ability to operate vehicles or equipment.
- Hospitality workers: Servers and hotel staff may face discrimination for conditions that affect how they look, move or communicate.
Regardless of your industry or job title, Ohio law protects you from disability discrimination in the workplace.
Requesting reasonable accommodations in Ohio
A reasonable accommodation is any change that helps a worker with a disability do their job. This could mean adjusting their duties, their workspace or how they complete their work.
You can request an accommodation in writing or by speaking to your employer. You do not need to use legal terms or share your specific condition. You only need to clearly tell your employer that you need an adjustment because of a medical condition.
Once you submit a request, your employer must work with you honestly and openly to find a solution. This is called the good-faith interactive process. Both sides must take it seriously and consider all available options. However, an employer does not have to agree to an accommodation if it creates an undue hardship.
Undue hardship refers to a serious difficulty or expense. Relevant factors include the size of the company, its budget and how the change would affect daily work. Employers are also not required to remove the core duties of your job.
Your employer may also reject your request if it creates a direct safety threat to yourself or others. They must also show that no reasonable accommodation can remove that threat. However, your employer must support this decision with written medical records. They cannot rely on stereotypes or assumptions about your condition.
Stand up against discrimination with legal guidance
You have the right to report unfair treatment. It also protects you from retaliation. This includes situations where you request an accommodation, file a complaint or take part in a formal review. Your employer cannot fire you, demote you or punish you in any other way for using your rights under these laws.
However, this can come with legal hurdles that require guidance. A skilled Ohio employment law attorney can provide insights about your options.