In the case of Coomer v. Opportunities for Ohioans with Disabilities, 2022-Ohio-387, the Ohio Tenth District Court of Appeals held that the trial court did not err in ruling in favor of an employee who brought a disability discrimination claim when the employee proved that the employer failed to provide a reasonable accommodation to the employee’s disability after the employer denied the employee’s request for a modified schedule to accommodate the employee’s mental illness.
Here, the employer argued that the trial court erred in finding that the employer failed to accommodate the employee’s disability because the employee was responsible for the breakdown in the reasonable accommodation interactive process. According to the employer, after the employee’s initial request was denied, the employer was willing to discuss possible alternative accommodations.
The Court reasoned that the employee was not responsible for the breakdown in the reasonable accommodation interactive process. Further discussions between the employer and the employee regarding the employee’s request for a modified schedule could reasonably be viewed as unnecessary or futile after the employer’s denial because the employee’s mental illness prevented the employee from working past a certain time of day.
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.