In the case of Anderson v. AccuScripts Pharmacy, L.L.C., 2022-Ohio-1663, the Appellate Court held that epilepsy is considered a disability under Ohio law and firing an employee with epilepsy must be done for nondiscriminatory reasons.
Here, the employee alleged that she was terminated from her job based on her disability in violation of R.C. 4112.02. To prevail on a claim for disability discrimination, the plaintiff must establish that: “(1) he or she was disabled; (2) an adverse action was taken by the employer, at least in part, because he or she was disabled; and (3) he or she, although disabled, can safely and substantially perform the essential functions of the job in question.” The employer moved for summary judgment which was granted by the trial court. The Appellate Court remanded the case back to the trial court for further evaluation.
In support of its decision, the Appellate Court found that there was no dispute that the employee’s epilepsy qualified as a physical impairment and substantially limited her major life activities, thus qualifying as a disability under Ohio law. The Court further found that it was undisputed that the employee was terminated and found that there were genuine issues of material fact as to whether her termination was discriminatory or not. Thus, the Appellate Court remanded the case back to the trial court to determine whether the employer’s reasons for firing the employee were rightly justified or discriminatory.
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.