Employment Law Attorneys Helping Cincinnati Employees With Physical And Mental Disability Discrimination
Do you believe your employer has retaliated against you on the basis of your physical or mental disability? Ohio employment laws prohibit employers from discriminating against or taking any negative action against employees and job applicants on the basis of disability or perceived disability. Federal laws do as well.
ADA Workplace Protections For Physical And Mental Conditions
Specifically, the Americans with Disabilities Act (ADA) is the federal law that provides protection to disabled workers. The ADA defines a disability as a physical or mental impairment that substantially limits one or more of an individual’s major life activities.
Examples of physical conditions that may meet the definition of a physical disability include:
- Cancer
- Epilepsy
- HIV, AIDS
- Visual or hearing impairment
- Paralysis
- Cognitive disabilities
- Alcohol or drug addiction (employers may prohibit current use, but may not discriminate against people simply because they are in a treatment program)
Mental disabilities that may meet the definition of disability include:
- Depression
- Bipolar disorder
- Anxiety disorders
- Obsessive-compulsive disorder (OCD)
- Other mental impairments
If you think you may have been a victim of workplace discrimination because of a physical or mental disability, our experienced employment law attorneys stand ready to protect your rights. An experienced Cincinnati Americans with Disabilities Act (ADA) lawyer at our firm can review the facts of your case and help you determine how best to proceed. We have decades of collective experience litigating on behalf of workers with disabilities.
Types Of Disability Discrimination In Ohio
Disability discrimination may occur in a variety of ways. Have you been wrongfully terminated, denied a promotion or harassed because of a physical or mental disability? Has your employer refused to make a reasonable accommodation that would enable you to perform your job? Has your employer made judgments about your ability to contribute positively to your workplace simply because you have a disability? These are all forms of workplace discrimination.
Thanks to the ADA and Ohio state laws that give disabled workers a fair chance to contribute in the workplace, tens of millions of Americans with a physical or mental impairment now work and contribute greatly to the American workplace. You have a right to expect that you will be judged by the quality of your work, not on the challenges you overcome on a daily basis to do your job.
Answers To Common Questions
Below are answers to frequently asked questions we get from clients about disability discrimination for Ohio employees.
How Does The ADA Work?
The ADA requires that employers provide reasonable accommodations to disabled workers to enable them to perform their work duties. While there is no definitive list of what constitutes a reasonable accommodation, the Equal Employment Opportunity Commission (EEOC) has defined certain types of accommodations that may be required, including:
- Unpaid leave: Workers with a physical or mental disability may need additional leave time to seek proper medical treatment, fix a wheelchair, receive specialized training, recover from an illness or deal with other challenges resulting from a disability.
- Job restructuring: Employers may be required, in certain circumstances, to restructure job assignments or responsibilities when an employee with a disability is unable to perform job duties of marginal importance. Job restructuring may also include alteration of how or when a task is performed.
What’s Considered A Reasonable Accommodation For A Disabled Worker In Ohio?
An employer is not required to hire or retain an employee who is unable to perform essential job functions. Nor is an employer required to make accommodations that would significantly impair the employer’s ability to function as a profitable business. However, employers are expected to make reasonable accommodations when possible that will enable disabled employees to succeed in the workplace.
What If An Employer Violates The ADA?
Many employers have a poor understanding of their obligations under the ADA. Common examples of ADA violations by employers can include:
- Failure to provide wheelchair-accessible workplaces
- Failure to provide accessible digital websites
- Failure to provide accessible restrooms
- Failure to provide accessible parking spaces
- Refusing to hire people with disabilities
- Refusing to promote people with disabilities
Employers can face civil fines up to $150,000 for violations of the ADA. Courts can order them to incorporate accommodations into their work environments as well. They may also have to pay damages to the employees against whom they discriminated.
Protect Your Rights With An Ohio Employment Law Attorney
If you believe you have been subjected to retaliation for making an accommodation request, it is important that you consult with an experienced employment law attorney. Employer retaliation can take many forms. They might demote you, harass you or even commit wage violations by cutting your case.
There are steps you must take to properly protect your rights. At The Butler Trial Firm, our attorneys can provide the sound advice you require. If retained as your counsel, we will take the time to understand your objectives and put into place a legal strategy designed to seek a desired outcome on your behalf. Monetary damages are a possible outcome.
If you desire, we can also attempt to negotiate an agreement on your behalf that requires your employer to provide the accommodation you have requested or that will resolve your dispute in another favorable manner.
Contact Us To Learn More Today
To schedule a consultation with one of our Cincinnati disability discrimination lawyers, call us at 513-909-3402 or contact us by email.