Summary
Weak points in an employment discrimination case can include lack of evidence, difficulty proving intent, or showing discrimination as the sole reason for adverse action. In Ohio, the Civil Rights Act and ADA protect against discrimination due to disability or medication side effects. Key factors include evidence of disclosure and timing of termination.Full Conversation
I am suing my previous employer for discrimination and I am wondering what would be the weak points in my case and if I should settle
Hello ****, in discrimination cases, weak points could include lack of evidence, difficulty proving intent or that discrimination was the sole reason for adverse action. Settlement is a personal decision based on many factors. Could you please tell me where you are located to provide more specific information?
Ohio
Hi ****, based on your location (Ohio), here are some points to consider:
- Ohio Civil Rights Act is applicable.
- Inability to prove a protected characteristic led to adverse action.
- If employer can show a legitimate, nondiscriminatory reason for the action.
- Weakness in witness testimony or lack of corroboration.
Whether to settle would depend on these factors.
I was drowsy at work after taking a prescribed medication. I understand the ADA law protects individuals from discrimination about the side effects of their medications
Hi ****, indeed ADA protects employees from discrimination due to medication side effects. However, did your employer know about your condition and the side effects of your medication when the adverse action was taken? Answer: Please provide this information for more specific guidance.
I requested to speak with HR to disclose the relevant information upon hire, and disclosed I had a disability. The sole HR representative for the company was out of the office the week I was hired. They fired me on day *.
Hello ****, your case might have some strength given that:
- You disclosed your disability.
- Your termination happened shortly after disclosure.
- The ADA and Ohio Civil Rights Act protect against such discrimination.
The key will be providing evidence for these claims and showing the termination was solely due to your disability.
They told me directly that it was because I was drowsy. I think they believed I was on drugs or drunk or something.
Hello ****, if your employer terminated you specifically due to your drowsiness caused by prescribed medication, it could possibly be seen as a violation of ADA and Ohio Civil Rights Act. It's important to gather any evidence supporting this, such as written communication or witness accounts.
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