Best Ohio Disability Discrimination Lawyer Answer: Can I sue for wrongful termination if I was fired today because I had to go to the hospital due to my disability? Can my manger stop me from going to my doctor for treatment for my serious medical condition? Can my boss terminate me for my serious medical condition if I take too many days off for medical care?
Our disability discrimination attorneys have in the past discussed the various ways in which both Ohio Revised Code § 4112.01 and the federal Age Discrimination in Employment Act (“ADEA“) protect employees from disability discrimination. (See Is It Wrongful Termination To Fire Disabled Workers?; Is Alcoholism A Disability Under The ADA? – Call The Right Attorney; Can I Be Fired If My Disability Makes Me To Fall Asleep?; My Job Is Discriminates Against Me Because I’m Disabled!; and Can I Be Fired For Being Too Fat? – Call The Right Attorney). These law also make sure that disabled workers can get reasonable accommodations from their employers to help them do their jobs. (See Is A Transfer A Reasonable Disability Accommodation?; Can A Service Dog Be A Disability Accommodation At My Job?; How Do I Get A Disability Accommodation For My Job?; and My Job Won’t Give Me Disability Accommodations!).
Despite these state and federal protections, disability discrimination remains one of the most complained about workplace discrimination, as reported by the Equal Employment Opportunity Commission (“EEOC“). In 2015, the EEOC reported that out of the 89,385 charges of discrimination filed, 26,968 of them were for disability discrimination. This represents about 30 percent of all charges filed with the EEOC. And, as disability discrimination attorneys, this does not surprise us. Every day, our employment discrimination lawyers meet and speak with employees who have been victims of discrimination based on their actual or perceived disability (for more on perceived disability, see Can My Boss Fire Me Because He Thinks I Am Disabled? I Need The Best Disability Discrimination and Wrongful Termination Lawyer In Ohio!). To illustrate the kinds of cases that we often help clients navigate on a daily basis, consider this recent case out of the lone star state.
Having worked for her Houston based company for so many years, in November 5, 2012, Diane Rizzo was diagnosed with a medical condition that required periodic spinal injections. For a while it appears the Diane’s employer was ready to put up with this “inconvenience,” as for about a year, Diana was allowed to take time off for these needed injections. But as time went by, the employer began to show its true colors – the dislike of employees employers consider medical liabilities. Soon, the employer started complaining that Diane’s medial issues were disrupting its business. And as would be expected, Diane was terminated on October 25, 2013.
Although this case was recently filed, having dealt with big companies that discriminate in this manner against their employees, we have come to expect a lot of excuses from them. In Diane’s case, we expect Diane’s employer to argue that her performance was used as the basis for her termination and that disability had nothing to do with their decision. This is known as pretext – meaning that the employer is using the employee’s performance to hide the true reason for a termination, which in this case would be perceived disability. Courts are quick to notice such pretexts and rule in favor of mistreated employees. We will follow Diane’s case with interest in the coming months.
Like Diane, if you feel that you are a victim of workplace disability discrimination, don’t hesitate to call the right attorney. 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 866-797-6040. 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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