Disability Discrimination Lawyers Columbus Ohio
Standing Up for Fair Treatment and Equal Opportunity
What is disability discrimination?
Disability discrimination falls under employment law and occurs when an employer limits or denies opportunities to an employee because of their disability, rather than evaluating their qualifications, performance, or potential. Because disability is a protected class, this type of discrimination violates both federal and state laws, and no employee should have to navigate it alone.
At Willis Spangler Associates, our firm has decades of experience in employment law, serving individuals and families in Columbus and throughout the state of Ohio. Our trusted attorneys strive to eliminate discrimination, ensuring that every employee feels safe, included, and valued.
What is the Americans with Disabilities Act (ADA)?
The Americans with Disabilities Act (ADA) is a federal law that ensures individuals with disabilities have the same rights and opportunities as everyone else. Thus, a violation of the act occurs when an employer refuses to create and maintain a fair, inclusive, and/or accessible environment.
These violations and discrimination can take many forms. One clear example is when an employer makes decisions regarding hiring, firing, promoting, or assigning tasks based on an employee’s disability rather than their actual skill set or performance. Other forms of discrimination occur when an employer refuses to provide a reasonable accommodation that would allow a qualified employee to perform their job. This could include assistive technology or equipment, different scheduling, or modifying the physical workspace.
This act also prohibits harassment based on someone’s disability. Offensive remarks, teasing, or exclusion from workplace activities can all contribute to a hostile or illegal work environment.
Finally, retaliation for asserting your ADA rights, such as requesting an accommodation for your disability, filing a discrimination complaint, or participating in an investigation, is also a violation.
How Disability Laws Vary in Ohio
While the ADA is a federal law, Ohio has additional protections that work alongside these national regulations. The Ohio Civil Rights Act (OCRA) expands upon the ADA, applying to a broader range of businesses. For example, while the ADA covers employers with 15 or more employees, the OCRA applies to organizations with as few as four employees, giving broader coverage to workers in Columbus and across the state.
Ohio law also defines what constitutes a disability, recognizing conditions and injuries as impairments or limitations even when federal law does not. This provides workers in Columbus and throughout Ohio with more avenues for asserting their rights. For instance, employees can file disability discrimination claims through the Ohio Civil Rights Commission (OCRC), the Equal Employment Opportunity Commission (EEOC), or both, depending on the circumstances.
While both state and federal discrimination laws aim to protect employees, they can also be complex and intricate. That is why speaking with a disability discrimination attorney who understands these laws and how they interact can be highly beneficial.
Best Next Steps After Suffering from Discrimination
Experiencing discrimination can be a stressful and overwhelming experience. However, taking action early on can strengthen your discrimination case and provide the best chance for obtaining equality.
Most importantly, document everything. Keep a written record of any discrimination you encounter, including dates, times, specific conversations, and names of those involved. You should also save emails, text messages, performance reviews, and any other materials that show how you were treated differently or unfairly. Secure the names and telephone numbers of any potential co-workers who may be viable witnesses. Reviewing your workplace policies can also be beneficial, as many companies have internal procedures you must follow to report discrimination or request accommodations.
Typically, you can report discrimination to your company’s human resources department or a supervisor. This creates an official record, especially if submitted in a written format, which can later act as evidence if you choose to pursue legal action. However, if you fear retaliation or feel unsafe, speak with a disability discrimination lawyer before making any internal complaints. An experienced lawyer can evaluate your situation, help collect evidence of discrimination, and advise you about deadlines for filing an EEOC or OCRC claim.
How to request a reasonable accommodation
The ADA provides every employee with the right to request reasonable accommodations, which are modifications that enable them to perform the essential functions of their job. Start by simply notifying your employer, preferably in writing, that you are requesting an accommodation. You do not need to disclose your complete medical history; you only need to provide enough information for your employer to understand why the accommodation is necessary.
After making this request, an “interactive process” in which both sides work together to discuss potential solutions will take place. This may involve providing documentation of your disability from a medical provider, exploring different accommodation options, including disability leave, and determining which adjustments are reasonable.
An employer does not need to agree to the exact accommodation you requested, but they must provide a reasonable solution, unless it creates an “undue burden” on the employer, such as significant challenges or substantial expenses. If your employer ignores the request, delays the process, or refuses to consider any type of accommodation, they may be in violation of the ADA and/or Ohio state law. If this is the case, contact one of our lawyers at Willis Spangler Associates. Our employment law attorneys here in Columbus can help ensure you get the accommodations you deserve.
When to contact a discrimination lawyer
You should contact a discrimination lawyer as soon as you suspect that your disability played a role in unfair treatment. Early legal counsel can make a difference in both the strength of your discrimination claim and your peace of mind. However, our disability discrimination attorneys are ready and willing to assist you at any point in the legal process.
Even if you are unsure whether your experience constitutes discrimination, our employment law attorneys can help you understand your rights and determine the best course of action.
Contact the ADA lawyers at Willis Spangler Associates today!
No one should be subjected to discrimination because of a disability, or any protected class, for that matter. If your workplace has made you feel undervalued, excluded, or unprotected, our employment law attorneys are here to help. Our firm understands the complexities of discrimination and disability law at both the state and federal levels, and we are committed to standing up for every employee in Columbus and across the state who deserves fair treatment and equal opportunities.
Contact our Columbus office today to schedule a complimentary consultation with our employment law team. Willis Spangler Associates is ready to listen to your story and advocate for you every step of the way.
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