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Ohio disability law doesn’t cover temporary injuries

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in Discrimination and Harassment,Employment Law,Human Resources

Like the ADA, Ohio’s disability discrimination law covers only some injuries, illnesses and conditions. It doesn’t cover temporary injuries.

Recent case: Robert Canady was a maintenance worker at a McDonald’s. He hurt his back and returned to work with temporary work limitations. The restaurant sent him home until the restrictions were lifted. Then McDonald’s terminated Canady in a reduction in force.

He sued, alleging he had been denied a reasonable accommodation under the Ohio disability discrimination law.

The court tossed out his case, ruling that temporary problems like Canady’s back injury—from which he recovered within weeks—aren’t disabilities under either federal or state disability discrimination laws. (Canady v. Rekau & Rekau, Inc., No. 09-AP-32, Court of Appeals of Ohio, 2009)

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