In the case Toland v. Dep’t of Mental Health & Addiction Servs., 2020-Ohio-3864, 2020 Ohio Misc. LEXIS 116, an Ohio appellate court found that plaintiff employee failed to state a prima facie claim for disability discrimination because she did not establish that she suffered an adverse employment action since there was no evidence her employment terms, conditions, or privileges were altered. The “continuing violation” doctrine was not applicable because the employee presented no evidence of a long-standing policy of discrimination, and she was aware of the alleged discriminatory acts at the time they occurred. Plaintiff failed to state a claim for retaliation because she was not overtime eligible and was not disciplined for an alleged HIPPA violation. Because the employee requested an accommodation in June 2016, and that request for accommodation was effectively denied at that time as she was placed on disability leave rather than accommodated, the claim was barred by the statute of limitations.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
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