Best Ohio Age Discrimination Attorney and Top Disability Discrimination Lawyer Answer: Does my job have to accommodate my diabetes as a disability? What Ohio laws prohibit age discrimination in the workplace? Do age-biased comments by direct supervisors constitute discrimination? Can I sue my employer because my manager calls “Old Man” at work?
Having problems with your direct supervisor calling you names? Making discriminatory comments about your age? Your race? Your disability? Well, it happened to David Moorman, an ex-employee of Wal-Mart. In the age and disability discrimination lawsuit, Moorman argues that he was frequently taunted by his direct supervisor who called Moorman “old man” and “old food guy.” Thereafter, Wal-Mart terminated Moorman, based on his age according to the complaint. Separately, Moorman alleged that Wal-Mart refused his request for an accommodation for his diabetes. After being diagnosed with diabetes, Moorman requested reassignment to a store co-manager or assistant manager position. According to Moorman, Wal-Mart refused to engage in the interactive process of determining whether an accommodation was reasonable and denied Moorman’s request.
Both federal law, under the Age Discrimination in Employment Act, and Ohio law, under Ohio Revised Code § 4112.02(N), § 4112.05 and § 4112.14 protect an employee from being discriminated against, retaliated against, or wrongfully terminated based on his or her age. But what about when an employer is clever and rather than terminating you, says that it is simply “eliminating your job”? Even in such cases, you may have a colorful cause of action for age discrimination.
Moreover, all employees are protected under Americans With Disabilities Act and R.C. § 4112.02(A) from being discriminated against or retaliated against by their employers on the basis of their actual or perceived disability. These laws also protect employees against retaliation following the request for a reasonable accommodation for a disability.
After filing suit on March 12, 2014 and engaging in some litigation, the parties agreed to settle Moorman’s claims for $150,000. Additionally, Wal-Mart agreed to “train” its employees on various employment laws and regulations including the Age Discrimination in Employment Act.
If you are an employee over the age of 40 years old and believe that you are being discriminated because you are older than other employees; or have be wrongfully terminated or fired instead of someone younger or were replaced with some younger than you, you may have an age discrimination claim under Ohio law or the federal Age Discrimination in Employment Act (ADEA). Even if you are not sure about your age discrimination claim, you should call the right attorney. Age discrimination claims have very short statute of limitations, which means that you only have a very short amount of time to figure out if you have an age discrimination claim and take action. It is unlawful for employers to treat older employees differently. At the free initial consultation, you can tell us the specifics about how “my boss did …” or what happened on “my job.”
Having to live with a disability is difficult enough without worrying about the effect it may have on your job. If you are disabled or your employer perceives you as being disabled; and you have been fired, wrongfully terminated, discriminated against, demoted, wrongfully disciplined, denied wages, or even think that you might need a disability discrimination lawyer, then call the right attorney to schedule a free and confidential consultation. Call our Ohio employment law attorneys at (216) 291-4744. The best option is not to wait. The Spitz Law Firm, and its attorneys are experienced and dedicated to protecting disabled employees’ rights under ADA and Ohio employment law.
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