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Remind bosses: You’re liable for disability discrimination

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in Discrimination and Harassment,Human Resources

Having trouble persuading managers and supervisors to report ADA accommodations requests? Tell them they may be held personally liable for disability discrimination under Ohio state law, a much harsher fate than they would meet under the federal ADA.

Recent case: Cathy Cottrill-Craig is a nurse who has osteoarthritis. She claims she told supervisors she needed a transfer to a job that kept her off concrete floors. She said her employer failed to accommodate her—and sued the employer and her supervisors under Ohio’s disability discrimination law.

The court let her suit go forward, noting that—unlike the ADA—Ohio’s disability discrimination laws include supervisors and managers among those who can be sued directly for denying disabled employees their rights. (Cottrill-Craig v. Ross County Health District, No. 2:07-CV-445, SD OH, 2008)

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