Ohio law bars employers with 4 or more employees from firing, disciplining or refusing to hire a qualified worker because of a disability (R.C. 4112.01(A)(2), 4112.02(A)). Federal law generally requires a reasonable accommodation unless it causes undue hardship. For Columbus workers, an OCRC charge usually comes first, and a lawsuit under Ohio law generally has a 2-year limit (R.C. 4112.052).
This page provides general information, not legal advice about your matter. Contacting the firm does not create an attorney-client relationship.
A diagnosis does not end your career, and a request for help is not a confession of weakness. When an employer answers a medical need with silence, discipline or a termination letter, that answer can be unlawful. Jeckering & Associates, LLC takes disability and accommodation cases for Ohio employees from its Columbus office at 10 N High St, Suite 301, Columbus, OH 43215 (614-944-5151).
What does disability discrimination at work look like?
Usually a job decision made because of a disability, or a refusal to make a reasonable change that would let a qualified worker do the job. Punishing someone for asking for that change is prohibited too.
Decisions because of a condition
Firing, demoting, refusing to hire or disciplining a qualified employee on the basis of disability is unlawful in Ohio (R.C. 4112.02(A)).
Requests refused, ignored or stalled
An employer that never answers, keeps asking for the same note, or offers nothing that works may be failing its duty to accommodate under the ADA.
Being treated as disabled
Protection can also reach a worker the employer treats as disabled, or judges by a past condition, even when the worker needs no change at all.
Retaliation for asking
Asking for an accommodation is generally treated as protected activity; see workplace retaliation after a complaint for how timing and records prove retaliation.
Which laws cover Ohio workers with disabilities?
Ohio’s Chapter 4112 applies to employers with a staff of 4 or more (R.C. 4112.01(A)(2)). The federal Americans with Disabilities Act applies at 15 (42 U.S.C. § 12111(5)).
| Law | Employers covered | What it requires | First step |
|---|---|---|---|
| Ohio, R.C. Chapter 4112 | 4 or more employees in Ohio (R.C. 4112.01(A)(2)) | No firing, discipline or refusal to hire because of a disability (R.C. 4112.02(A)) | OCRC charge before most lawsuits (R.C. 4112.052(B)) |
| Federal ADA, Title I | At least 15 employees (42 U.S.C. § 12111(5)) | Reasonable accommodation for a qualified worker unless it causes undue hardship (42 U.S.C. § 12112(b)(5)(A)) | EEOC charge, or dual-filed through the OCRC |
For employers with 15 or more employees, the Pregnant Workers Fairness Act separately requires reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions, unless they would impose an undue hardship (42 U.S.C. §§ 2000gg(2), 2000gg-1(1)).
What is a reasonable accommodation?
It is a change to the job or the workplace that lets a qualified worker perform the essential functions of the job, such as a modified schedule, equipment or reassignment to a vacant position (42 U.S.C. § 12111(9)). An employer generally need not make a change that would cause undue hardship (42 U.S.C. §§ 12111(10), 12112(b)(5)(A)).
Possible changes depend on the job and the limitation. Examples include:
- A shifted start time or a modified schedule
- Equipment, software or a changed workstation
- Moving a marginal task to a coworker
- Reassignment to a vacant position you are qualified for
None of these is automatic. The question is always whether a change is effective for your limitation and reasonable for this workplace.
Asked for a change and heard nothing back? Walk us through it at 614-944-5151.
How do I ask for an accommodation, and what happens next?
Tell your employer you need a change at work because of a medical condition; no special words are generally required. Then put the request in writing and keep a copy.
Making the request
Name the limitation, the change you are asking for and how it helps you do the job. Send it to your supervisor or HR, and note the date.
When a different accommodation is offered
The employer may usually choose among effective options. If its offer does not work for your limitation, say so in writing and explain why.
When the process stalls
Weeks of silence, repeated requests for the same paperwork, or discipline while the request is pending are warning signs. Follow up in writing and keep every reply.
Can my employer ask for my medical records?
Within limits. An employer can usually ask for information reasonably needed to evaluate the request, but not your entire medical history.
Answer what the employer actually needs: the limitation, and why the change helps. Keep copies of every note and form you hand over, and the date you sent it.
Can extra time off be a reasonable accommodation?
Sometimes. Depending on the job and the request, time away from work can be a reasonable accommodation.
Leave under the separate federal medical-leave law is a different question, covered in our guide to FMLA leave in Ohio.
What are the deadlines to file a disability discrimination claim in Ohio?
Within 2 years of the discriminatory act, an OCRC charge is generally on time (R.C. 4112.051(C)(2)); in Ohio, an EEOC charge generally must come within 300 days (42 U.S.C. §§ 2000e-5(e)(1), 12117(a)). The Ohio lawsuit itself carries a 2-year limit that pauses while the charge is pending (R.C. 4112.052(C)).
Charges can be filed with the Ohio Civil Rights Commission or the EEOC. See our filing deadlines guide for every clock in one table.
What should I document about an accommodation request?
Every request, every answer and every date. A short running log written as things happen carries more weight than memory months later.
- The date of each request and who received it
- What you asked for and what the employer offered instead
- Notes from your provider that you chose to share, and when
- Discipline, schedule or assignment changes after the request
- Names of coworkers who saw how the request was handled
Keep your log on a personal device, and leave alone any employer files you have no permission to open.
Why clients hire us
A medical need should never meet a closed door. We fight for your rights.
- We represent workers: employees and job applicants, never the companies they are up against.
- Built for trial: we lay each request beside the employer’s answers and get the file ready for a jury, because we fight to win.
- Every clock watched: the OCRC and EEOC dates are calendared at the first conversation.
- Columbus and Mechanicsburg offices: reach us in Franklin County or at our Mechanicsburg office in Champaign County.
See our employment law page for the other workplace claims we bring.
Frequently asked questions
Does my condition have to be permanent to count as a disability?
Not necessarily. The test is whether the condition substantially limits a major life activity, and some temporary or episodic conditions can qualify.
Does a small employer have to accommodate me?
It depends on headcount. The Ohio statute starts at 4 employees and the ADA at 15, so the size of your workplace decides which rules apply.
Do I need special words to ask for an accommodation?
Generally no. Plain language that ties your request to a health condition can start the process, and putting it in writing gives you a record.
Can my employer ask for medical information?
Yes, within limits. It can ask for what it reasonably needs to evaluate the request, not unlimited medical records.
Must I accept a different accommodation than the one I asked for?
Often, if it works. Employers can usually pick among effective options, so the real question is whether the alternative works for your limitation and your job.
Can I be fired for requesting an accommodation?
Generally no. Retaliation for asking is prohibited, although an employer may still act for legitimate reasons that have nothing to do with the request.
When is a disability discrimination charge due in Ohio?
Generally 300 days for an EEOC charge in Ohio and 2 years for an OCRC charge, counted from the decision you are challenging.
Did your employer refuse, ignore or punish a request for an accommodation?
Your employer has HR and lawyers on its side. We level the playing field until your request gets a real answer. Bring your dates to 614-944-5151. You can also tell us what happened online, even while you are still employed.
Jeckering & Associates, LLC · Columbus office: 10 N High St, Suite 301, Columbus, OH 43215 · 614-944-5151 · Mechanicsburg office: 16 S Main St, Mechanicsburg, OH 43044 · 937-896-2222 · staff@centralohiolegal.com · Hours Mon–Fri 9:00 AM–5:30 PM
