Ohio Discrimination Legal Questions

You did not say how your allergy effects you.  Does it cause a rash?  Swelling?  In other words, what happens if you wear the wrong shoes?  How long have you had this condition? It sounds like you would be protected by the ADA.  In other words, you are an individual with a disability because you have a physical condition (allergy, plantar fascitis) that substantially limits a major life activity (walking and other activities.) Because you are "covered" by the ADA, your employer is required to provide a reasonable accommodation that allows you to perform the essential functions of your position.  You need to have your doctor prepare a note or letter to your employer that describes your restrictions and how the employer can accommodate you. For example, he/she might say that in order for you to work on your feet for a normal shift, you need to wear orthotics.   Then, you should prepare a written request for accommodation.  For example, ask your employer to waive the rule that requires you to wear a certain color of shoes.  Attach the doctor's note, make a copy of the whole thing, and turn it in to HR.  They are required to respond to your request.  If they don't like your specific request, they are free to propose another solution. Hope this helps.  ... Read Answer

Yes. There can be different policies for different positions. You would have to identify an unlawful reason for the different policies such as age, race, gender, disability, pregnancy, religion, etc. If the different policies are motivated by any of these other reasons, then you may have a case.    Ohio employment discrimination attorney www.mcoffmanlegal.com ... Read Answer

Probably not because your claim would need to be failure to hire based upon some type of discrimination. If you don't apply, then you are only assuming you would not be hired. The only way you may have a case is for a discriminatory job posting.    Ohio employment discrimination attorney www.mcoffmanlegal.com ... Read Answer

It's anyone's guess. Every case is different. A lot depends on the investigator also. The EEOC is overburdened with the number of charges filed so it would be a good idea to consult with an employment attorney to see if they would like to take on the case and pursue recovery through litigation. You may request the notice of right to sue within 180 days of filing. However, an attorney may be able to request it early.   Ohio employment lawyer www.mcoffmanlegal.com ... Read Answer

It appears you were treated differently than a similarly situated coworker. You must prove that the reason you were treated differently was an unlawful reason such as age, race, gender, disability, religion, military status, etc. Otherwise, this was just unfair treatment and not protected employment discrimination. If the disparate treatment was motivated by an unlawful reason contact my office for a free consultation.   Ohio employment discrimination attorney www.mcoffmanlegal.com ... Read Answer

You need to discuss what occurred with an employment attorney who handles sexual harassment cases immediately. My office offers free consultations and we represent employees throughout the State of Ohio. You may call my direct line at 614-949-1181.   Ohio sexual harassment attorney www.mcoffmanlegal.com ... Read Answer

You need to contact an employment attorney immediately. More information is needed as far as how long your mother has been employed, how many employees her employers has, etc. Your mother may be entitled to FMLA leave to cover overtime if her doctor states that the overtime hours affect her kidney disease. Your mother is entitled to 12 weeks of FMLA leave which can be used intermittently. Feel free to call my office for a free consultation.    Ohio FMLA attorney www.mcoffmanlegal.com ... Read Answer

Unless you are being discriminated against for a reason that falls within a protected class (age, race, gender, pregnancy, disability, religion, national origin, color, etc), then you do not have a legal claim against your employer if they were to order you to change your hair and punish you if you did not. Your rights are that you can find another workplace where you can have pink hair.   Ohio employment discrimination attorney www.mcoffmanlegal.com ... Read Answer

You should contact an employment attorney. What you have descibed may be a violation of the FMLA or ADA. However, these types of cases are very fact intensive so it depends upon what occurred and when it occurred. Feel free to contact my office to receive a free consultation.    Ohio FMLA attorney www.mcoffmanlegal.com ... Read Answer

Yes unless there is another unlawful reason behind your termination. I am assuming you do not have an employment contract and are an at-will employee. Employment at-will means you can be terminated at any time for any reason as long as it is not an unlawful reason.   Ohio employment attorney www.mcoffmanlegal.com ... Read Answer

You need to speak with an Ohio employment attorney as these cases are very fact intensive. Your daughter cannot be treated less favorably than other employees because she is pregnant, so if other employees are accommodated so too should your daughter. Feel free to call my office to discuss this matter further.    Ohio pregnancy discrimination attorney www.mcoffmanlegal.com ... Read Answer

If it has been two years, the statute of limitations (timeframe within which you are required to take action) has likely lapsed. However, there may be more to your situation. You should consult with an employment attorney about what has happened to see if there is anything you can do.   Ohio employment attorney www.mcoffmanlegal.com ... Read Answer

You should contact an attorney. You may have a great claim for disability and/or age discrimination. If you were terminated because of your disability and/or if your employer refused to provide reasonable accommodations to allow you to do your job, then you may have legal claims under the Americans with Disabilities Act. I would be happy to speak with you. Feel free to contact my office at 614-949-1181. We represent clients throughout the State of Ohio. Ohio disability discrimination attorney www.mcoffmanlegal.com ... Read Answer

No. If the employee is being harassed because of their age, gender, race, disability, pregnancy, etc., then they may have a claim. Although calling someone an idiot is wrong, it doesn't mean you can take legal action against your employer.   Ohio employment attorney www.mcoffmanlegal.com ... Read Answer

You can be terminated for any reason or no reason as long as the reason for your termination does not violate a law. In addition, you can be treated differently than another similarly situated employee unless the reason you were treated differently violates a law, such as discrimination based upon age (older worker treated less favorably), gender, pregnancy, disability, race, religion, national origin, color, etc. You may want to consult with an employment attorney if that is the case.   Ohio employment attorney www.mcoffmanlegal.com ... Read Answer

You may be experiencing disability discrimination. Your employer must engage in the interactive process and provide you with reasonable accommodations to allow you to be able to perform the essential functions of your job. These cases are very fact specific.    Ohio employment discrimination attorney www.mcoffmanlegal.com ... Read Answer

Your demotion for being late to work while on probation does not sound discriminatory. Discrimination must be because of your age, race, gender, religion, disability, etc. Your employer could have terminated you for being late. It's unfortunate that you were put on the spot when you switched positions. However, that does not give rise to a legal claim.   Ohio employment attorney www.mcoffmanlegal.com ... Read Answer

If your boss is a jerk and hostile towards everyone, then you likely do not have any legal recourse for a hostile work environment. For a hostile work environment claim, the hostility has to be because of your age, race, gender, disability, religion, etc. Unfortunately, you may not have many options. However, it may be worthwhile to discuss what is happening with an employment attorney.   Ohio employment lawyer www.mcoffmanlegal.com ... Read Answer

The answer is - it depends. Your employer has an obligation to provide you with reasonable accommodations in the same way it would accommodate your other non-pregnant coworkers if they had the same restrictions. Otherwise, you may have a case for pregnancy discrimination among other things. I encourage you to contact my office or another employment attorney to discuss the circumstances further.   Ohio employment discrimination attorney www.mcoffmanlegal.com ... Read Answer