Summary of Laws Protecting Injured Workers From …



Summary of Major Laws Protecting Injured Workers from Discrimination*

|LAW |EMPLOYERS COVERED |EMPLOYEES COVERED |EMPLOYER OBLIGATIONS |PROCEDURE FOR FILING COMPLAINT |MAJOR REMEDIES AVAILABLE |

|R.C. 4123.90 |Employers subject to the Ohio |Employees covered by the Ohio |Employer may not “discharge, demote, reassign, or |Notify employer in writing of a claimed |Reinstatement, back pay, lost |

|and Related |workers’ compensation laws. |workers’ compensation laws. |take any punitive action against any employee |violation within 90 days of the violation,|wages, attorney fees. |

|Rights | | |because the employee filed a claim or instituted, |and then file suit in common pleas court |(Further relief, such as |

| | | |pursued or testified in any proceedings” under the|in the county of employment within 180 |punitive damages, is available|

| | | |Ohio workers’ compensation laws. |days of the violation. (Additional time |in a common law action.) |

| | | | |might be available to bring a common law | |

| | | | |or other cause of action.) | |

|Americans with |Generally, employers having 15 |A “qualified individual with a |Employer may not use the disability as a basis for|File complaint with the Ohio Civil Rights |Reinstatement, back pay, |

|Disabilities |or more employees during 20 or |disability,” described as a person|discriminating against employee in regard to |Commission (OCRC) or U.S. Equal Employment|promotion, compensatory |

|Act (ADA) |more calendar weeks in the |having a physical or mental |terms, conditions or privileges of employment. |Opportunity Commission (EEOC) within 180 |damages, punitive damages, |

| |current or preceding calendar |impairment that “substantially |Employer required to accommodate employee’s known |days of the discriminatory act. In some |injunction, attorney fees. |

| |year. |limits one or more of the major |physical or mental limitations, unless |circumstances, complaints may be filed | |

| | |life activities,” or having a |accommodation would impose an “undue hardship” on |with the EEOC within 300 days of the | |

| | |record of or being regarded as |the employer. Reasonable accommodation can include|discriminatory act. | |

| | |possessing such an impairment. |making facilities accessible, job restructuring, |OCRC phone #: 1-888-278-7101 | |

| | |Major life activities include |acquisition or modification of equipment or |OCRC website: state.oh.us/crc | |

| | |caring for oneself, performing |devices, part-time or modified work schedules, or |EEOC phone #: 1-800-669-4000 | |

| | |manual tasks, walking, seeing, |reassignment to a vacant position. Reasonable |EEOC website: | |

| | |hearing, speaking, breathing, |accommodation can also include permitting employee|Other phone #s for ADA information: | |

| | |learning and working. |to use accrued paid leave, or supplying additional|Job Accomm. Network: 1-800-526-7234 | |

| | | |unpaid leave, for necessary treatment. |Great Lakes ADA Info: 1-800-949-4232 | |

|Ohio |Generally, employers having 4 |A “qualified disabled person,” |Similar prohibition on discrimination and duty to |File complaint with the Ohio Civil Rights |Reinstatement, back pay, |

|Civil Rights |or more employees in Ohio. The |described as a person having a |provide reasonable accommodation as under the ADA.|Commission (OCRC) within 6 months of the |damages, upgrading of |

|Laws |State and all political |physical or mental impairment that| |discriminatory act. (Complaint will be |employment status, injunction.|

| |subdivisions are also covered. |substantially limits a major life | |referred to EEOC if filed between 6 months| |

| | |activity, or having a record of or| |and 300 days of the discriminatory act.) | |

| | |being regarded as possessing such | |File lawsuit within 6 years of the | |

| | |an impairment. | |discriminatory act. | |

| | | | |OCRC phone #: 1-888-278-7101 | |

| | | | |OCRC website: state.oh.us/crc | |

|Rehabilita-tion|Section 503 covers federal |A “qualified individual with a |Same prohibition on discrimination and same duty |For a violation of Section 503, file |For a violation of Section |

|Act of 1973 |contractors (including |disability,” which has a similar |to provide reasonable accommodation as under the |complaint with the Office of Federal |503, OFCCP can seek back pay, |

| |subcontractors) having a |definition as in the ADA. |ADA. |Contract Compliance Programs (OFCCP) |injunction, and other |

| |contract in excess of $10,000 | | |within 300 days of violation, unless time |appropriate relief for |

| |with a federal agency or | | |extended for good cause shown. For a |employee. For a violation of |

| |department. Section 504 covers | | |violation of Section 504, file lawsuit |Section 504, court can award |

| |participants in any program or | | |within 2 years of violation. OFCCP phone |reinstatement, compensatory |

| |activity receiving federal | | |#: 202-693-0101 |damages, back pay, injunction,|

| |financial assistance. | | |OFCCP website: esa/ofccp |attorney fees. |

|Family and |Generally, all public employers|An employee who has been employed |During a 12-month period, employer must provide up|File complaint with Wage and Hour Division|Reinstatement, damages, |

|Medical Leave |and those private employers |for 12 months by the employer, has|to 12 weeks of job-protected unpaid leave for “a |of U.S. Department of Labor (DOL) “within |promotion, injunction, |

|Act (FMLA) |having 50 or more employees for|1250 hours of service with the |serious health condition” that renders employee |a reasonable time” of the violation, but |attorney fees. |

| |each working day during each of|employer during the previous 12 |unable to perform the functions of employee’s |in no event later than the deadline for | |

| |20 or more calendar weeks in |months, and is at a location where|position. When employee is on FMLA leave, |filing a lawsuit in court. DOL or employee| |

| |the current or preceding |at least 50 employees are employed|employer must maintain coverage under any “group |may file a lawsuit within 2 years of a | |

| |calendar year. |within 75 miles. |health plan” under the same conditions coverage |violation, and within 3 years of a willful| |

| | | |would have been provided had the employee not gone|violation. | |

| | | |on leave. Upon returning from FMLA leave, employee|Wage and Hour Division phone #s: | |

| | | |is entitled to be restored to the position held |Cincinnati District: 513-684-2942 | |

| | | |when leave commenced or restored to an equivalent |Cleveland District: 216-357-5400 | |

| | | |position having equivalent pay and benefits. |Columbus District: 614-469-5678 or 77 | |

| | | | |Website: esa/dwh | |

*For legal citations and additional information, see BWC Legal Operations’ March 12, 2004, memorandum on Employer Discrimination Against Injured Workers.

TS/JS/sls6-199c

March 12, 2004

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