DOJ Sues Ohio State Agency for ADA Employment Discrimination Regarding Diabetes

DOJ Logo

On December 22, 2022 the US Department of Justice (DOJ) filed a lawsuit and consent decree in the Northern District of Ohio, alleging that the Ohio Department of Rehabilitation and Correction (ODRC) violated Title I of the Americans with Disabilities Act (ADA). The settlement from the lawsuit resolves allegations that the ODRC unlawfully failed to offer a day shift as a reasonable accommodation to a correctional officer with diabetes where it was medically necessary, and would not be an undue hardship.

This matter arose out of a discrimination charge filed by Complainant with the United States Equal Employment Opportunity Commission (EEOC). The EEOC investigated the charge and found reasonable cause to believe that disability discrimination occurred. After conciliation failed, the EEOC referred the charge to the DOJ and the lawsuit was filed.

The lawsuit alleges that ODRC violated the ADA because the ODRC was on notice from the Complainant’s medical provider that he needed to work a day shift to manage his blood sugar levels to avoid further damage to his health.

Under the settlement, ODRC will revise its policies and procedures as needed to ensure ADA compliance; provide ADA employment training to employees who make personnel decisions; and report to the United States on its compliance.  ODRC will also pay $50,000 in damages to the complainant and provide him with a day shift as a reasonable accommodation for his diabetes unless if become an undue hardship to do so. 

Regarding employment training, the ODRC is required to provide live (in person or virtual) training on the requirements of Title I of the ADA to the following categories of employees at the Lorain Correctional Institution: (i) all employees who participate, or may participate, in evaluating reasonable accommodation requests within ninety (90) days after entry of this Consent Decree; and (ii) all first-time Lorain supervisors, whether by hire or promotion, within ninety (90) days of the start of their employment as supervisors.

The DOJ may review ODRC’s compliance with this settlement at any time. This Consent Decree will remain in effect for three (3) years from the date of its entry.

SUMMARY: The DOJ sued the Ohio Department of Rehabilitation and Correction for violating Title I of the ADA by denying a day shift as a reasonable accommodation to a correctional officer with diabetes where it was medically necessary, and would not be an undue hardship for ODRC. This type of lawsuit can be avoided if employees who make personnel decisions are trained and supervised properly regarding Title I of the ADA.