KENTUCKY & OHIO · EMPLOYEE RIGHTS
Disability discrimination
Denied a workplace adjustment, treated differently, or pushed out because of a medical condition? Thompson Legal helps employees in Kentucky and Ohio understand their options. We represent individuals. We never represent employers or government.
Start with what happened at work
A medical condition can affect your work without changing your ability to contribute. The first step is to identify the decision or barrier you are facing.
Treated differently
Passed over, disciplined, or fired because of a disability or assumptions about your health.
Denied an adjustment
A request for equipment, a schedule change, leave, or another workplace adjustment was refused or left unanswered.
Penalized for speaking up
Your treatment changed after you asked for an accommodation or raised a discrimination concern.
Your abilities deserve a fair assessment
Disabilities can be visible or invisible. The legal questions include whether you can perform the job’s essential duties, whether an adjustment would help, and why the employer acted.
You do not need to know the legal label before asking for help. We can review the employment decision, your requests, and the employer’s response.
CONNECTING YOUR EXPERIENCE TO THE LAW
Which protections may apply?
Discrimination and failure to accommodate involve different legal questions. These sections explain who is protected, how workplace adjustments work, and why the filing process matters.
The ADA · Disability protectionsWho is protected and what being qualified means.
Protection from disability discrimination
The Americans with Disabilities Act protects qualified applicants and employees from disability discrimination. A qualified person can perform the essential duties of the position with or without reasonable accommodation. Title I generally covers employers with at least 15 employees.
Disability can include a physical or mental impairment that substantially limits a major life activity, a record of that impairment, or being regarded as having an impairment. The rules for each category differ. Someone covered only under the “regarded as” category is not entitled to an accommodation on that basis alone.
The law addresses decisions such as hiring, pay, promotion, discipline, and termination. Coverage, qualifications, and the particular claim must be reviewed in each matter.
Reasonable accommodationChanges that may help you apply for or perform a job.
What can a reasonable accommodation involve?
Depending on the job and your needs, an accommodation may include a modified schedule, accessible equipment, a change to workplace policies, leave, or reassignment to a vacant position. For time away from work, also see our guide to FMLA and medical leave rights.
You can request an adjustment in plain language. You do not have to cite the ADA. Explain that you need a workplace change because of a medical condition. Keeping a written record can help everyone understand what was requested and when.
You and your employer should communicate about effective options. The employer may choose an effective alternative to your preferred accommodation. The ADA generally does not require removing an essential job duty or providing an accommodation that creates undue hardship—significant difficulty or expense assessed in the employer’s circumstances.
Kentucky, Ohio, and filing a claimState protections and the next steps for your situation.
Know which rules apply before filing
Kentucky and Ohio also have disability-discrimination laws. State and federal coverage, requirements, procedures, and remedies are not identical.
For most private-sector ADA employment claims, an EEOC charge is required before a lawsuit. Filing deadlines depend on the claim and circumstances; federal employees follow a different process. Seek advice promptly after a denial, discipline, or termination.
See our Kentucky and Ohio employment discrimination overview and the EEOC’s filing guidance.
What helps show what went wrong?
The records should tell the story of your work, the adjustment you needed, and the employer’s decisions. Different claims require different proof.
The employment decision
Keep direct comments about your condition, performance reviews, the reason given for discipline or termination, and facts showing how similar situations were handled. Timing can matter, but it does not answer every legal question.
The accommodation process
Keep your request, the job description, the employer’s responses, and any alternatives discussed. Identify how the requested adjustment would help you perform the essential duties.
A REAL CASE · WHY THE PROCESS MATTERS
An employee victory: EEOC v. Dolgencorp
A Dollar General employee with diabetes was denied permission to keep orange juice at her register. During low-blood-sugar episodes, she drank store juice and paid for it afterward. She was fired. In 2018, the Sixth Circuit affirmed a jury verdict for disability discrimination and failure to accommodate.
The decision illustrates why a workplace policy does not end the accommodation analysis. It is an educational example, not a Thompson Legal case result or a prediction about your claim.
What should you do now?
You do not need a perfect file to get started. Focus on preserving the information that explains your situation.
Build your timeline
Write down your request, the employer’s responses, and any discipline or termination. Include dates and the people involved.
Keep your records
Gather the job description, relevant policies, reviews, messages, and agency notices you lawfully possess. Keep originals intact.
Discuss your options
Identify the adjustment you requested and alternatives discussed. Ask promptly about deadlines and next steps. If your employer offers an exit agreement, ask about a severance agreement review before signing.
Before you contact us
With your situation in mind, here are answers to a few practical questions about getting started.
Do I need every document before contacting you?
No. A brief description of what happened is enough to start. Keep records you lawfully possess and bring your questions.
Should I wait until my employer finishes an internal review?
Ask about deadlines promptly. An internal grievance generally does not extend the deadline for filing an EEOC charge. See the EEOC’s filing deadline guidance.
Is the consultation free?
We offer both free and paid consultations, depending on your situation. We explain any consultation fee before you decide to schedule.
How much does it cost to hire you?
Most cases we accept are handled on a contingency fee. That means our attorney’s fee is a percentage of the money recovered through a settlement or court award. Some cases may require hourly fees, depending on the facts and the work involved.
Before you hire us, we explain the fee arrangement and how case expenses are handled. A consultation fee is separate from the fee for handling your case.
LET’S TALK ABOUT YOUR SITUATION
Wronged by your employer? Let’s talk.
Tell us about your disability discrimination or accommodation concern and how to reach you. We offer paid and unpaid consultations depending on the matter, and explain any fee before you schedule.
What happens after you contact us?
TWO OFFICES. SAME MISSION.
Here when you need a next step.