In Ohio, people with disabilities are protected from employment discrimination by both state and federal laws. These laws ensure that qualified individuals with disabilities have equal opportunities in the workplace, free from discrimination based on their disability.
Getting a Disability and Employment Discrimination Lawyer’s Advice
Learning more about legal protections and employer obligations enables you to understand how a disability and employment discrimination attorney can help with your claim. Their advice and legal guidance will help sort through the laws and take the necessary steps to get the financial and legal relief you need.
Legal Protections
Federal Law: The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a federal law that provides rights for people who are disabled and experience discrimination. This law applies to employers with 15 or more employees and covers all aspects of employment, from hiring and firing to job assignments, promotions, and benefits.
State Law: Ohio Revised Code Chapter 4112
Ohio Revised Code Chapter 4112 provides additional protections for individuals with disabilities in the workplace. This state law applies to employers with four or more employees and prohibits discrimination based on disability in all aspects of employment.
Key Takeaways of Protections
Ohio’s disability discrimination laws are enshrined in Section 4112.02 of the Ohio Revised Code. These laws operate in conjunction with the federal Americans with Disabilities Act (ADA) to furnish extensive protections. Key facets of these protections include:
- Prohibition of Discrimination: Discrimination is strictly prohibited in all aspects of employment, including hiring, firing, promotions, demotions, compensation practices, and other employment terms.
- Reasonable Accommodations: Employers are mandated to provide reasonable accommodations to enable employees with disabilities to perform the essential functions of their jobs.
- Protection Against Retaliation: Retaliation against individuals who oppose discriminatory practices or participate in a discrimination complaint is strictly prohibited.
Which Employers Are Covered?
- The ADA applies to employers with 15 or more employees.
- Ohio’s anti-discrimination laws extend their reach to employers with 4 or more employees.
Employer Responsibilities
Under both federal and state law, employers in Ohio have several responsibilities related to disability and employment discrimination, including:
- Non-Discrimination: Employers must not discriminate against qualified individuals with disabilities in any aspect of employment.
- Reasonable Accommodations: Employers must provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship to the employer. Reasonable accommodations may include modifications to the work environment, job restructuring, or assistive technology.
- Confidentiality: Employers must keep medical information about employees with disabilities confidential.
- Harassment-Free Workplace: Employers must ensure a harassment-free workplace for employees with disabilities.
Employee Rights
Employees with disabilities in Ohio have the right to:
- Equal Employment Opportunities: Employees with disabilities have the right to equal employment opportunities, including hiring, promotion, and benefits.
- Reasonable Accommodations: Employees with disabilities can request reasonable accommodations from their employer.
- Confidentiality: Employees with disabilities have the right to have their medical information kept confidential by their employer.
- Harassment-Free Workplace: Employees with disabilities have the right to a harassment-free workplace.
Filing a Complaint
If you believe you have been discriminated against based on your disability in the workplace, you can file a complaint with the following agencies:
- U.S. Equal Employment Opportunity Commission (EEOC): The EEOC is the federal agency responsible for enforcing the ADA. You can file a complaint with the EEOC online, by mail, or by phone.
- Ohio Civil Rights Commission (OCRC): The OCRC is the state agency responsible for enforcing Ohio’s anti-discrimination laws. You can file a complaint with the OCRC online, by mail, or by phone.
Submitting a Complaint Successfully
If you suspect that you have encountered employment discrimination due to a disability:
- Act Promptly: There are stringent time limits for filing complaints, so acting quickly is necessary.
- Seek Legal Counsel: Consulting with an disability attorney can help you understand your rights and options.
- File a Charge: File a charge with either the Ohio Civil Rights Commission (OCRC) or the Equal Employment Opportunity Commission (EEOC).
As of 2021, employees must file a charge with the OCRC before pursuing litigation in court. The statute of limitations for filing a charge is two years from the date of the alleged discriminatory act.
Defining Disability in Ohio
In accordance with Ohio law, a disability encompasses:
- A physical or mental impairment that significantly restricts one or more major life activities
- A documented history of such an impairment
- Being perceived as having such an impairment
Major life activities encompass a wide array of functions, including, but not limited to, self-care, manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Recent Legislative Changes: Key Takeaways
Ohio recently enacted House Bill 352, which introduced significant changes to employment discrimination laws, including:
- Mandatory Charge Filing: Filing a charge is now mandatory before initiating a lawsuit.
- Elimination of Individual Liability: Individual supervisors and co-employees are no longer liable.
- Harmonized Statute of Limitations: The statute of limitations is now uniformly two years for all employment discrimination claims.
The New Definition of an “Employer”
The Ohio Employment Law Uniformity Act (HB 352), made significant changes to the definition of “employer” in Ohio’s employment discrimination laws:
- Elimination of individual liability: The Act removed “an individual acting on behalf of an employer.” Therefore, this amendment eliminates individual supervisor and co-employee liability in most cases.
- New definition: In the most basic terms, an “employer” in Ohio is considered a state government or subdivision or an individual who employs four or more people.
- Limited exceptions: While individual liability for supervisors and managers has been largely eliminated, there are some exceptions. Supervisors or managers may still face personal liability if they:
- Act outside the scope of their employment.
- Retaliate against an employee for engaging in protected conduct.
- Aid and abet a discriminatory practice of the employer.
- Obstruct a person from complying with the Ohio Civil Rights Act.
- Alignment with federal law: This change brings Ohio law more in line with federal employment discrimination laws, which generally do not allow for individual liability of supervisors or co-workers.
These changes provide more protection for individual supervisors and managers from being named as defendants in employment discrimination lawsuits while still maintaining employer liability and specific exceptions for egregious conduct by individuals.
Understanding Your Rights and Enforcing Them – Retain a Disability and Employment Lawyer’s Help
A thorough understanding of disability and discrimination protections and resources empowers individuals with disabilities to assert their rights confidently. Remember, you are not alone in this journey.
Ohio’s legal framework and support services are designed to uphold your rights and ensure a fair and equitable workplace for all. If you are facing problems with disability issues or employment discrimination, contact a disability and employment lawyer right away. Retaining legal counsel is the first step toward getting the money and/or justice you need.
