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)
- Focus on ability to perform duties if you worry worker may have mental or emotional problems
- Now hear this: Subway franchisee must pay $166,500 in ADA case
- Don't assume whether or not workers can pass job tests
- Investigate harassment even if employee complains belatedly
- Company, man with dreadlocks settle after jury deadlocks