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Employee Claiming Disability Discrimination Must Provide Evidence That He Could Perform Job With An Accomodation

In the case Musil v. Gerken Materials, Inc., 2020-Ohio-3548, 2020 Ohio App. LEXIS 2497, 2020 WL 3529662, an Ohio appellate court found that an employee failed to satisfy the third element of his prima facie claim for disability discrimination, and thus the trial court did not err in awarding summary judgment on this claim to the employer, because the employee provided no evidence that he could safely and substantially perform the essential functions of the job in question. Because employee failed to satisfy the first element of his retaliation claim under R.C. 4112.02(I), summary judgment to the employer was appropriate where the employee’s request for an accommodation was not participation in an investigation, proceeding, or hearing. Likewise, appellant’s request for an accommodation was not opposition to an unlawful discriminatory practice.

In this case, an employee was injured by a co-workers and was unable to return to work. The employee filed a disability discrimination action against employer, but the employee provided no evidence that he could safely and substantially perform the essential functions of his job with an accommodation. And, if an extension of medical leave was the accommodation, employee provided no evidence that he would be able to perform job after the leave period, R.C. 4112.02.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

 

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