In most instances, the Ohio disability law aligns with federal disability legislation – or, primarily, the Americans with Disabilities Act (ADA). The primary differences lie in the enforcement of the law at state level.
For example, the state’s Civil Rights Commission oversees state disability discrimination claims, while the U.S. Equal Employment Opportunity Commission (EEOC) manages federal cases.
Some specific details that relate to eligibility and accommodation may differ slightly between the state law and federal regulations. Although slight, the main differences lie in determining eligibility. Consult a social security disability lawyer to ensure you maximize your compensation
Ohio’s Disability Test
The test for receiving disability in Ohio for Social Security Disability includes obtaining a medical history, receiving a special exam, and answering five questions. These questions cover whether the applicant is currently working, the seriousness of their health condition, and whether or not they can do their old job and another type of work.
Social Security Administration (SSA) Eligibility
The SSA determines eligibility for disability, based on an applicant’s work history for Social Security Disability Insurance (SSDI) benefits or financial need for Social Security Insurance (SSI). Medical requirements are the same for both programs.
Distinguishing the differences between SSDI and SSI, eligibility requirements include:
- Work history: SSDI is based on the applicant’s work history, while SSI is not based on this criterion.
- Income: SSI is designed for applicants with limited or no income. SSDI is set up for people who have worked long enough to apply and who have paid Social Security taxes.
- Health care protection: SSI recipients in most states qualify for Medicaid. SSDI recipients, on the other hand, instantly qualify for Medicare starting 24 months after they receive disability payments.
Speak to a Disability Attorney to Ensure You Receive Fair Compensation
Given the slight differences in state and federal qualifications, it’s important to speak to a disability attorney to ensure you maximize your compensation.
What qualifies as an ADA disability in Ohio is supported by the American Disabilities Act (ADA) federally. For anyone to be eligible for protection under the act, they must have a disability, defined by:
- A mental impairment or physical condition that significantly limits one or more major life activities.
- A history of the impairment.
- A perception by other people that a person has an impairment.
While the ADA does not specifically list impairments covered under the ADA, the act does give legal protections to people with a disability. This includes asking for reasonable accommodations for workers. Some examples of disabilities include post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), visual problems, cancer, etc.
Ohio’s Disability Discrimination Law
In addition to the ADA, Ohio has set laws meant to discourage discrimination against disabled people. You can find this legislation under Section 4112.02 of the Ohio Revised Code.
The law in Ohio provides similar protections to people applying for jobs and working in workplaces featured under the ADA. Again, these protections include filing a complaint against an employer who will not provide workplace accommodations or discriminates based on a person’s impairment.
Under the law in Ohio, it is considered unlawful for employers to fire someone because of their disability or to refuse to hire them for the same reason. This law applies these principles to a person’s disability as well as to their gender, race, gender, color, religion, national origin, age, or genetic information.
Successfully Filing a Disability Complaint: How a Disability Discrimination Lawyer Can Support Your Claim
A disability discrimination lawyer can support your case against discrimination. Their help is invaluable for a variety of reasons.
Protecting Your Legal Rights
Disability discrimination lawyers are knowledgeable in federal and state disability laws, including:
- The Americans with Disabilities Act (ADA)
- The Rehabilitation Act
- The Fair Housing Act
- State-specific disability rights laws
A lawyer will help you understand your protected rights and when those rights have been violated. They can explain legal jargon in plain language and help you recognize discriminatory practices you didn’t even know were illegal.
Workplace Discrimination Cases
One of the most common areas disability discrimination attorneys help with is employment related cases. More specifically, they can help you with the following forms of employment discrimination:
Hiring discrimination. This includes illegal screening practices, a failure to provide reasonable accommodations (during application and employment), or rejecting an applicant, based on a disability disclosure.
Workplace accommodations. This includes not receiving the needed modification to a work environment or schedule, or an unreasonable denial of accommodations.
Wrongful termination. If you’re terminated because of your disability or the employer retaliates your request for accommodation, a lawyer can handle your claim. This also includes a constructive discharge – when an employee leaves due to a hostile working environment or intolerable working conditions.
Educational Access
Educational Rights. Lawyers also help if an employee is discriminated against or excluded from educational programs or has problems receiving accommodations in academic settings.
Public Accommodation
Public Access. A lawyer may address accessibility issues in public spaces or in businesses, challenge discriminatory policies, and argue about the lack of equal access to facilities or services.
Building a Disability Discrimination Case
Gathering Evidence. Your lawyer can help support your case by collecting documents, interviewing witnesses, getting expert testimony, and documenting the discrimination.
Making Sure Legal Requirements are Met. Your lawyer will ensure legal requirements are met by filing documents within statutory deadlines, properly filling out and submitting the required paperwork, and following administrative procedures.
Advocating on Your Behalf
Your disability discrimination attorney will represent you through both administrative hearings and legal court processes.
Administrative Proceedings. Your lawyer will file complaints with the proper agencies, represent you, negotiate with the other party, and make an appeal if required.
Litigation. If you can’t meet a settlement, your lawyer will file a lawsuit and represent you. This includes discovery and filing an appeal, if necessary.
Receiving Compensation
Your lawyer will get you back pay and compensatory damages for emotional distress and medical costs related to the discrimination. In some cases, they can get punitive damages for willful discrimination.
Non-Monetary Relief
Your lawyer can also help you with getting reinstated to your position, receiving accommodations, or with making modifications to discriminatory practices in the workplaces.
Ongoing Support and Advocacy
Beyond individual cases, disability discrimination lawyers often get involved in prevention and compliance and raise awareness about discrimination issues.
How to Choose the Right Lawyer for You
When you need justice for disability discrimination, choose a lawyer who:
- Has experience in disability rights law
- Knows your disability and its effects
- Has a disability rights advocate
- Has a history of success
- Communicates clearly and respectfully
- Cares about your situation
The Benefits of Legal Representation
Having a disability discrimination lawyer by your side will:
- Level the playing field
- Get through the legal system more quickly
- Protect your rights throughout the legal process
- Get more compensation
- Focus on self-care
Schedule an Appointment with a Disability Lawyer in Ohio Today
Disability discrimination lawyers are your allies when you are facing discrimination. They know all about disability rights and are skilled advocates when it comes to fairness and equality. If you’ve been discriminated against in your job or when applying for work, talk to a disability lawyer. Schedule an appointment right away.
