Court of Appeals Holds Work Accommodation is NOT Evidence of Perceived Discrimination

In Roghelia v. Hopedale Mining, LLC, 7th Dist. No. 13-HA-8, 2014-Ohio-2935, an employee was injured at work resulting in a severed thumb.  After a short return to work, the employee failed to call off from work and was terminated under the company’s absenteeism policy.  The employee sued the employer alleging discrimination on account of his disability or perceived disability under R.C. 4112.02(A).  More specifically, the employee argued the accommodation of light duty work following his injury was sufficient evidence to prove that the employer perceived him as being disabled.  The court of appeals held merely providing an accommodation to an employee is not evidence of perceived disability.  This case is positive case authority for employers.  You can read the full case here.



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