Kentucky and Ohio Employees with Disabilities have protections!
Employers cannot discriminate against employees or applicants because of a qualified disability. Even if you are an at-will employee, you have rights. Generally, employees with disabilities cannot be terminated, demoted, or not hired because of their disability. Kentucky, Ohio, and Federal law prohibits employment discrimination because of a disability.
Disability discrimination places employees in an unfair and challenging situation. Many workers with disabilities face obstacles that have nothing to do with their ability to do the job, such as denied accommodations or unequal treatment. This can create confusion and uncertainty about how to move forward. We understand that dealing with disability discrimination is discouraging and unnecessary. Every employee deserves fair treatment, reasonable support, and a workplace that respects their needs and contributions. You are not alone in this experience.
The Americans With Disabilities Act (ADA):
The ADA prohibits employers from discriminating against an employee because of a disability. The ADA applies to most employers. Like most employment discrimination laws, independent contractors are not covered by the ADA.
Employees must file a charge with the EEOC before they file a lawsuit for violations of the ADA.
he ADA defines a “disability” as a physical or mental impairment that substantially limits a major life activity. The ADA also protects against discrimination and retaliation for individuals who are associated with a person (like a child) who has a disability and who have a history of a disability in the past.
Generally, an employer must not:
- Fail to hire an employee because of their disability.
- Terminate an employee because of their disability.
- Demote an employee because of their disability.
- Failure to promote an employee because of their disability.
- Change the conditions or privileges of an employee’s employment because of disability.
- Create a hostile work environment
- Retaliate against an employee who reports disability discrimination or files an EEOC charge
Under the ADA, a disabled employee must be able to perform the essential job functions with a reasonable accommodation. However, the employer may not have to provide a reasonable accommodation if the accommodation would be an “undue hardship” on the employer. “Undue hardships” are generally steps that cause extreme expense or difficulty.
Kentucky and Ohio have enacted statutes similar to the ADA to protect disabled employees. If you think your employer discriminated against you because of your disability or request for accommodations, call 502-366-2121 today for a case evaluation.
Proving Disability Discrimination:
Most of the time, there is no “smoking gun” evidence of disability discrimination. Courts in Kentucky and Ohio allow for circumstantial evidence of disability discrimination. An employee in an ADA case must prove that age was the “but-for” cause of the bad employment action. Lewis v. Humboldt Acquisition Corp., 681 F.3d 312 (6th Cir. 2012). This is a hard standard to meet.
Courts use a “burden-shifting analyze” to determine if an employer discriminated against an employee because of their disability. The Burden Shifting Analysis looks at other employees (who are not disabled or who have not requested accommodations) to see if they were treated better than the discriminated against the employee.
What Is a Reasonable Accommodation (Ohio & Kentucky)
A reasonable accommodation is a change or adjustment in the work environment or in the way a job is done that allows an employee with a disability to perform the essential functions of the job, or to have equal access to the application process or employment benefits. The requirement stems from the Americans with Disabilities Act of 1990 (ADA) and is reinforced by state laws in Ohio and Kentucky.
Key Elements of the Reasonable Accommodation Duty
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A qualified individual with a disability must be able to perform the essential functions of the job with or without accommodation.
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The employer must know or should know about the disability and the need for accommodation.
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An interactive process: The employee and employer must communicate to identify possible accommodations.
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Undue hardship: The employer can decline a requested accommodation only if it would impose significant difficulty or expense.
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Essential functions: The accommodation must allow the employee to perform the core duties of the job, not trivial or marginal tasks.
Examples of Reasonable Accommodations
Here are typical examples, many of which apply in Kentucky and Ohio workplaces:
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Flexible or modified work schedule (e.g., starting earlier or later)
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Changed job duties, or reassignment to a vacant position for which the employee is qualified
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Modifying equipment or providing assistive technology
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Altering the work environment (e.g., accessible workstation)
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Allowing remote work if feasible
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Providing additional training or modified training methods
If an employer in Kentucky or Ohio fails to engage in the interactive process or refuses to provide a feasible accommodation without justification, the employee may have grounds for a discrimination claim under state law (and federal ADA) for failing to accommodate.
Contact Us For A Case Evaluation
At Thompson Legal LLC, we are committed to fighting against employment discrimination and ensuring that all individuals have equal opportunities in the workplace. Call or text us today at 502-366-2121 for a case evaluation if you have any Kentucky or Ohio employment issues.