Disability discrimination occurs when an employer refuses to hire or terminates an employee with a disability who can perform the essential functions of their job with or without a reasonable accommodation. Disability discrimination also occurs when an employer denies or revokes a reasonable accommodation.
To prove disability discrimination, an employee must first show that he or she is a qualified individual with a disability – in that he or she has a disability and can perform the essential functions of his or her position with or without a reasonable accommodation. A disability is any mental or physical impairment that interferes with the employee’s ability to perform a major life activity. The most obvious physical impairments include seeing, hearing, walking, breathing and engaging in manual activity. Physical impairments also include cerebral palsy, muscular dystrophy, multiple sclerosis, AIDS, HIV status, diabetes, asthma, irritable bowel syndrome, impotence and carpal tunnel syndrome. Mental impairments can include depression and other mental health disorders, addiction, dyslexia and learning disabilities, obsessive compulsive disorder and bi-polar disorder.
To provide equal employment opportunity to disabled individuals, employers must make reasonable accommodations to enable a disabled employee or applicant with a known disability to perform a position’s essential functions. An employer must make changes in its ordinary work rules and facilities in order to enable a disabled person to work so long as the accommodation does not impose an undue hardship on the employer.
Discrimination Disability Lawyer Mark Herron is Here to Help
If you have questions regarding disability discrimination, lawyer Mark Herron has substantial experience in guiding disabled employees and their employers through the reasonable accommodation process with the assistance of doctors and, when necessary, with outside experts. We also have extensive experience representing disabled individuals and small businesses before The Equal Employment Opportunity Commission, the Ohio Civil Rights Commission and in the Courts. Call today for a free consultation.