Disability/Handicap Discrimination and Harassment

Workplace Disability Discrimination

Disability discrimination may occur when an employer treats a qualified employee or applicant unfavorably because of an actual disability, a history of disability, or the employer’s belief that the person has a disability. Protections may arise under the Americans with Disabilities Act and applicable Ohio law.

Potential discrimination can affect hiring, assignments, compensation, promotions, training, leave, discipline, layoffs, termination, and other terms or conditions of employment.

Reasonable Accommodations

A qualified employee with a disability may be entitled to a reasonable accommodation that enables the employee to apply for a position, perform essential job duties, or enjoy equal workplace benefits. Depending on the circumstances, accommodations may include:

• Modified work schedules or approved leave
• Accessible equipment or workplace facilities
• Changes to nonessential workplace policies
• Assistive technology or communication support
• Reassignment to a vacant position when appropriate

Employers and employees generally should participate in an interactive process to identify an effective accommodation. An employer may evaluate whether a proposed accommodation would create an undue hardship, but should consider effective alternatives rather than dismissing a request without meaningful review.

Disability-Based Harassment

Harassment may include repeated insults, ridicule, threats, offensive comments, or other unwelcome conduct connected to a disability. A workplace disagreement or isolated slight does not automatically establish unlawful harassment; the context, frequency, severity, and effect on the work environment can all matter.

Employers may also have obligations to address disability-based harassment by supervisors, coworkers, or others encountered through work after the conduct is reported or otherwise becomes known.

Retaliation

An employer generally may not punish a worker for requesting an accommodation, reporting suspected disability discrimination, participating in an investigation, or asserting protected workplace rights. Possible signs of retaliation include a sudden unfavorable schedule change, unwarranted discipline, exclusion from opportunities, demotion, or termination following protected activity.

Protecting Your Rights

If you believe you have experienced disability discrimination or harassment, consider taking practical steps to preserve relevant information:

1. Record dates, participants, witnesses, and what occurred.
2. Keep copies of accommodation requests, responses, evaluations, policies, and related communications that you may lawfully retain.
3. Report the conduct through an appropriate workplace procedure when it is safe and practical to do so.
4. Seek timely legal guidance, because administrative and court filing deadlines may apply.

Whether conduct violates the law depends on the specific facts, the employer, the employee’s job duties, and the laws that apply. An employment-law attorney can assess the circumstances and explain available options.