Disability Discrimination The unfair reality is that disabled individuals are often discriminated against in the employment context, because of negative attitudes and ignorance regarding their disabilities. Federal and state laws prohibit disability discrimination and require employers to provide reasonable accommodations for disabled employees to perform the essential functions of their position.
Disability discrimination occurs in employment when disabled employees are treated differently from non-disabled employees. Disability discrimination may motivate hiring decisions, disciplinary decisions, termination decision, and attitudes about disabilities can influence perceptions of performance and conduct.
Moreover, if a disabled employee requests an accommodation for his or her disability, the employer is required to collaborate with the employee to attempt to accommodate the disability. Only where an employer can establish that an accommodation would constitute an undue hardship can it decline to accommodate a disabled employee's request for accommodation. To fail to grant a reasonable accommodate to a disabled employee also constitutes disability discrimination.
Whatever form disability discrimination may take in the workplace, it is unlawful.
Any employee suspecting that his or her disability has factored into an adverse employment decision should consider the possibility that the decision constitutes unlawful disability discrimination and should contact an employment lawyer.
Tod is admitted to practice before the Supreme Court of Ohio, the U.S. District Court for the Southern District of Ohio, the U.S. District Court for the Northern District Of Ohio, the U.S. District Court for the District of Colorado, the U.S. District Court for the District of New Mexico, the U.S. Court of Appeals for the Sixth Circuit, and the Supreme Court of the United States. He is a member of the National Employment Lawyers Association, the Ohio Employment Lawyers Association, the Cincinnati Employment Lawyers Association, is A+ rated by the BBB, is an Ohio Super Lawyer and past Rising Star, and is a 2014 graduate of the Trial Lawyers College.
The information on these webpages neither constitutes legal advice nor forms an attorney/client relationship. It is provided solely to inform you of the legal services that Tod J. Thompson, Attorney at Law, Ltd. can provide. Please call to schedule a consultation regarding your particular matter.