Wade Mapley

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Wade Mapley

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Cleveland Disability Discrimination Attorneys

The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against qualified individuals with disabilities in any aspect of employment. A disability under the ADA is a physical or mental impairment that substantially limits a major life activity – a broad definition that covers a wide range of conditions, including many that are episodic or in remission.

What the ADA Requires

The ADA imposes two primary obligations on employers with 15 or more employees:

  • Non-discrimination: Employers may not make employment decisions – hiring, firing, promotion, compensation, assignment – based on a disability.
  • Reasonable accommodation: Employers must provide reasonable accommodations to qualified employees with disabilities unless doing so would cause undue hardship.

What Is a Reasonable Accommodation?

A reasonable accommodation is any modification to a job, work environment, or the way work is typically done that enables a qualified individual to perform the essential functions of the position. Examples include:

  • Modified schedules or intermittent leave
  • Telework or remote work arrangements
  • Reassignment to a vacant position
  • Modified equipment or assistive technology
  • Restructured job duties (non-essential functions only)

An employer is not required to eliminate essential job functions, lower production standards, or create a new position. The accommodation must be reasonable. But the ADA’s interactive process requirement means your employer has an obligation to engage with you in good faith to explore options – not simply refuse.

The Interactive Process

When an employee requests an accommodation, the ADA requires the employer to engage in an interactive process to identify effective options. A failure to engage – or a unilateral denial without exploration – can constitute an independent violation.

Ohio Law

Ohio Revised Code § 4112 mirrors the ADA in most respects and in some cases provides broader protections, including coverage for smaller employers.

Contact Wade Mapley, LLC

Disability discrimination and accommodation disputes are fact-specific and turn on the details of your condition, your job, and your employer’s response. Contact the firm online or call 216-329-3116 for a free consultation.