How to File a Disability Discrimination Lawsuit in Ohio
Despite the Americans with Disability Act (ADA) and the Rehabilitation Act prohibiting employment discrimination based on disability, it still happens. If you were denied employment or your job is trying to force you to quit because of your condition, it might be necessary to file a lawsuit. While this is usually the final step in a disability discrimination complaint, it’s helpful to know what to expect and how to bring a suit.
Know What Qualifies as Disability Discrimination
The Equal Employment Opportunity Commission (EEOC) states that job candidates and employees who can provide evidence of the following situations are protected under the ADA and Rehabilitation Act:
- Has a history of a disabling condition.
- Mental or physical conditions create significant limitations for everyday activities, such as learning, sight, walking, speaking, hearing, and controlling critical bodily functions.
- Receiving treatment as an employee with a substantial disability by an employer when they do not.
Your disability alone is not enough for an employer to make an employment decision about you. From hiring to job assignments and pay or training, it’s illegal to harass you because of your disability or make adverse decisions regarding your career. In addition, if you endure abusive conduct or actions by supervisors or other management members, you may have an actionable cause if their actions cause a hostile work environment.
It’s also important to note that the ADA protects those who have disabled family members to care for, too. This means that you can’t be denied hiring based on this fact or be denied insurance benefits out of worry you could need FMLA to leave or use your coverage.
Proving Your Ohio Employment Discrimination Claim
Before reporting a disability discrimination claim to federal regulators, you will first need to navigate your employer’s complaint process until you complete this step and have evidence that you can’t file a suit. Additionally, if you never informed your job about your disability, typically, this means they won’t have to accommodate. After all, how can they be discriminating against your ability if they didn’t know it existed.
Remember, federal law prohibits employers from retaliating against employees that file discrimination claims or request an accommodation be made for their disability. It is retaliatory conduct if you find yourself being reassigned to a lower-wage position, terminated, denied your earned benefits, or receiving verbal abuse. Don’t hesitate to contact Hux Law and begin the process of seeking justice.
Filing a Complaint with the EEOC
The Equal Employment Opportunity Commission (EEOC) handles complaints from disabled employees filed under the ADA. You have several options for submitting a complaint for investigation, including by mail and online. There is a 300-day time limit to file allegations of wrongful employment actions taken against you because of your disability.
You and your skilled employment discrimination attorney will include the following information on your complaint:
- You and your employer’s contact information
- Names of those who engaged or permitted the discrimination to occur
- Description of each instance of discriminatory conduct regarding your disability
- Copies of any documentation you have to prove your claim (email, performance reviews, voice mails, etc.)
Once accepted, the EEOC will review your charges and do one of the following:
- Open an investigation
- Request additional information
- File a lawsuit on your behalf
- Explain in writing why it cannot handle your case
- Issue a right to sue
- Refer you and your employer to mediation
You only have 90 days to file your disability discrimination lawsuit based on the date of the EEOC’s Right to Sue notice. This is why you must retain reputable legal counsel from the moment you experience unfair employment practices by your job.
Work with an Experienced Ohio Disability Discrimination Attorney
At Hux Law Firm, we have helped thousands of Ohio employees and job applicants fight wrongful discriminatory tactics employers use based on their disabilities. Attorney James J. Hux understands how hurtful and damaging these actions can be to your career and everyday life. Contact us today to schedule a free consultation to discuss your employment situation further and determine what next steps are best in your case.