1. YOUR RIGHTS UNDER THE LAW Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

2.  Employment laws protect “qualified individuals with disabilities” ◦ Persons with a “disability” who can work ◦ Who may or may not need an accommodation to do the job Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

3.  Persons with epilepsy may have no disability at all most of the time;  During a seizure, a person with epilepsy is completely disabled. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

4. Americans with Disabilities Act (ADA)  Applies to employers with 15 or more employees Ohio Revised Code Chapter 4112  Applies to employers with 4 or more employees. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

5.  Having a physical or mental impairment that substantially limits one or more major life activities Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

6.  Having a record of such an impairment Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

7.  Being regarded as having such an impairment. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

8. Before Amendments to ADA  Caring for oneself  Performing manual tasks  Working  Seeing, hearing, speaking, thinking, concentrating, learning, reading, communicating, eating, sleeping, walking, standing, sitting, reaching, breathing, interacting with others, and working 2008 Amendments included  Operation of major bodily functions, including immune system, special sense organs and skin; normal cell growth; digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

9.  After 2008 Amendment, epilepsy should be considered a disability because it substantially limits neurological functions and other major life activities during a seizure.  Even if you no longer have seizures, ADA protects those with a history of a disability. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

10.  Qualified Individual with a Disability ◦ Individual with a disability (or with a history of being disabled, or regarded as disabled) ◦ Who is able to perform the essential functions of the job, whether or not a reasonable accommodation is needed. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

11.  Discrimination - treating workers differently because of a disability, with regard to any term, condition, benefit or privilege of employment. ◦ Hiring ◦ Training ◦ Compensation (cannot deduct cost of accommodation, either) ◦ Promoting ◦ Disciplining ◦ Firing Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

12.  Using headhunter, union, or other group to screen out disabled workers Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

13.  Having policies that effectively screen out disabled workers, unless: ◦ The policy is job-related; ◦ The policy is necessary to the business, and ◦ No reasonable accommodation can be made. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

14.  Associational discrimination. Treating employee differently because employee has a disabled parent, spouse, child, etc.  Note: no duty to accommodate. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

15.  Failing to make reasonable accommodations, unless it would create “undue hardship.” Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

16.  Employer may not ask any medical questions. ◦ Whether you have epilepsy or have ever had seizures ◦ Whether you uses any prescription drugs ◦ Whether you have ever filed for workers' compensation or been injured on a job Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

17.  Employer may ask “Are you able to perform the essential functions of the job?” ◦ Whether you have a driver's license (if necessary to job); ◦ Whether you can operate heavy machinery or equipment (if necessary to job) Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

18.  Medical exams are permitted, and offer may be conditioned upon results, but only if:  Required of all entering employees in that job  Results kept confidential  Supervisors are told only of restrictions and necessary accommodations  First aid and safety personnel are notified only if the disability might require emergency treatment Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

19.  Employer may not ask any medical questions or require medical exam unless job related and a business necessity  Employer may not ask about any disabilities unless accommodation is requested  Employer cannot refer employees to mental health counseling or administer personality tests that are likely to expose a mental illness  Employer may conduct voluntary exams as party of employee health program Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

20.  Job Restructuring ◦ Reassigning marginal job functions ◦ Changing when and/or how an essential job function is performed Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

21.  Modification of Worksite ◦ Changing lighting ◦ Placing a rubber mat or carpet in worksite to cushion a fall Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

22.  Modified Work Schedule ◦ Allowing more frequent breaks to take medication ◦ Allowing leave for treatment or recuperation Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

23.  Reassignment to a vacant position ◦ One that does not require driving ◦ One that does not require use of heavy machinery Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

24.  Anything that requires “significant difficulty or expense”  Different for each employer  Undue hardship to small business may not be undue hardship to large company  Consider: ◦ Cost of Accommodation ◦ Resources of Employer ◦ Number of employees at worksite ◦ Impact on operation of facility ◦ Facility’s finances, administration, geographic location. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

25.  Employer has no obligation to offer an accommodation if the employee does not ask for it. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

26.  Employee does not need to use special words to ask for an accommodation  Employee need only communicate that he has a medical condition, and needs something (time off, different schedule, some equipment, whatever) from the employer. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

27.  Once employer learns that employee has an impairment or medical condition and has requested some change to do the job, employer must provide the requested accommodation or interact with the employee to find a reasonable accommodation. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

28.  Employer is then permitted to ask questions about the disability to determine how to accommodate the employee  Employer may request medical information and documentation, limited to the disability (not any other medical conditions), and only as necessary to accommodate the employee Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

29.  Employer is not required to give the accommodation the employee asked for  Employer must offer a reasonable accommodation  Employee who does not require an accommodation to perform the essential functions of the job is not required to accept an accommodation Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

30. Employers may not retaliate against: ◦ An employee who asks for an accommodation or complains of disability discrimination ◦ An employee who requests accommodation or complains of discrimination on behalf of another employee ◦ An employee who files a disability discrimination charge or lawsuit, testifies against the company in a discrimination lawsuit, or helps someone else asserts their rights under the ADA Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

31. Employers may not: ◦ Coerce employees to give up their rights ◦ Intimidate or threaten employees who assert their rights ◦ Interfere with any employee’s exercise of their rights ◦ Interfere with any employee’s act of aiding or encouraging an other individual to exercise their rights. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

32. Federal claim  300 days to file a charge with the Equal Employment Opportunity Commission (EEOC).  90 days after the EEOC notifies you of your right to sue, complaint must be filed in Federal Court. Complaint cannot be filed until after the Charge is filed and the right to sue is obtained. Ohio law  6 years to file a civil lawsuit in court. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

33.  Employer must have 50 or more employees  You must have been with that employer 1 year or more  You must have worked at least 1,250 hours during the previous 12-month period  Does not apply to Federal employees Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

34.  Protects 12 workweeks of unpaid leave during any 12 month period ◦ To care for yourself, your spouse, your parent, or your minor child (or your adult child who is incapable of self care) ◦ Because of a serious health condition Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

35.  Leave may be taken intermittently when medically necessary ◦ Time off to go to the doctor ◦ Time off after a seizure ◦ Time off for treatment Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

36.  It is illegal to interfere with an employee’s exercise of rights under the FMLA, to deny protected leave, or to retaliate against an employee who exercises his rights or complains of a violation.  A claim under the FMLA may be filed in court within 2 years of the violation. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

37.  A claim under the FMLA may be filed in court within 2 years of the violation. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com

38. Cathleen Bolek Attorney at Law Bolek Besser Glesius LLC www.bbgohio.com