Best Ohio Disability Discrimination Lawyer Answer: What should I do if my employer is complaining about me taking too many days off to see my doctor for my medical condition? Can I be fired if my boss just thinks that I am disabled? How do I get a disability accommodation at work?
Our disability discrimination attorneys have in the past discussed the various ways in which both Ohio and federal laws protect employees from disability discrimination, including the Americans with Disabilities Act (“ADA“) and Ohio’s R.C. § 4112.02(A). As our employment discrimination lawyers have blogged about, these laws make it illegal for your boss, manager, or supervisor to discriminate against you or wrongfully fire you because you are disabled. (See Can My Job Deny Me Disability Leave? – Call The Right Attorney; Is My Job’s No Limitation Policy Legal? – Call The Right Attorney; and Is Alcoholism A Disability Under The ADA? – Call The Right Attorney). Our employment discrimination attorneys have also repeatedly discussed that the ADA requires your employer to make reasonable accommodations that would help you continue to work with your disability. (See How Do I Get A Disability Accommodation For My Job?; My Employer Won’t Accommodate My Serious Food Allergy!; Top Disability Discrimination Lawyer: Is It Disability Discrimination If My Job Won’t Accommodate My Anti-Social Disorder?; 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 U.S. Equal Employment Opportunity Commission (“EEOC“). (See File With The EEOC Or Get A Lawyer? ; Should I Get A Lawyer To Help Me File An EEOC Charge?; and Should I File With The EEOC On My Own?). In 2015, the Commission 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 Commission. And, as disability discrimination attorneys, this does not surprise us. Every day, our experienced 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?; ).
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 whom the employer considered to be 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 at (216) 291-4744 to schedule a free and confidential consultation. 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 your 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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