David Ferleger's Answers

Do I have a discrimination claim under the ADA?

The ADA does require employers to provide accommodations to employees with disabilities, as disabilities are defined under the ADA. The amendments to the ADA effective at the beginning of 2009 have specific definitions and define what is covered. The notion of keeping you from working is surprising and sounds unjustified but the full situation needs analysis by an attorney of all the facts, including how your situation fits into the ADA definitions. Consult a lawyer. Also note that there are...

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Discrimination

Your former employer was informed of the EEOC complaint and is seeking to avoid both the time/expense of having a case in the EEOC and the risk they could be found liable for discriminating against you. What you should do depends on a variety of factors. Questions like: Do you want the job back? Do you have a new job already or what is the likelihood of finding another job you want? How strong is the discrimination claim you have? What is the risk of retaliation against you if you return to...

The state provided me with an attorny

I see you are in Ohio but the question does not have information on the kind of discrimination, what happened, the charges which were filed, or with whom, and what damage was sustained beyond the discrimination, if any. The settlement of such cases, or proceeding with the complaint, raises important issues. Any lawyer needs to know all the facts before answering whether or not to settle or, if to settle, for how much. It may be a good sign that you were asked the question, or it may be a...

I have been passed up for promotion by lesser qualified individuals. Is there any thing I can do?

An important question. Whether or not it is illegal discrimination depends on the grounds for the discrimination, the actual grounds -- not just what you were told. A lawyer would want to know your age (and the ages of those who do get promoted), any gender or ethnic breakdown of who is or isn't promoted, disability and other categories protected by the law. Also, if there is a civil service or employment manual/policy, that would be important too. Generally, at least in most states, employers...