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What classes are protected from discrimination under Ohio law?

Federal law prohibits discrimination based on race, color, religion, sex (including gender identity or sexual orientation), national origin, being over or at the age of 40, disability, genetic information, or military status. Ohio state law protects ancestry, as well, but that has been considered to be the same classification as national origin. Retaliation for engaging in “protected activity” is also illegal, and this activity can range from reporting unsafe working conditions to consulting an attorney while contemplating suing, among many others.

The Ohio Civil Rights Commission handles allegations of discrimination in the state, and the Equal Employment Opportunity Commission is an entity that handles those cases nationwide. You may choose to file with either of these commissions, but you should first consult with an Ohio-based employment attorney.

What can be investigated under the scope of “employment law”?

The following list is provided by the Ohio Civil Rights as a reference, but not a definitive limit, for what they can investigate:

  • The job advertisement
  • The hiring process
  • Terms and conditions of work
  • Harassment
  • Discipline
  • Layoff/recall
  • Promotion/demotion
  • Termination

Wrongful Termination

Ohio is an “at-will” employment state—you can quit your job or your employer can fire you without cause. However, this does not mean that you can’t be a victim of wrongful termination in the state. If you suspect your employer terminated your employment because you are a member of one of the protected classes mentioned above, you may have a wrongful termination case against your employer. One must understand, though, that just because a firing may have seemed unfair, that does not necessarily make it a case of discrimination.

It’s important that you get in contact an employment attorney in Ohio, if that is where your company is based. There are several protected actions, including reporting unlawful conduct, you may have taken and protected classes you may be a part of that cannot be a reason for your termination, and an employment attorney can answer your questions and help you understand if you may have been a victim of discrimination or a retaliatory firing. National Employment Lawyer Network can help you get in touch with the sharpest employment attorneys in the state.

Retaliation and Whistleblower Protection

You cannot be retaliated against or fired for protected actions, which include the following, a list provided by Workplace Fairness:

  • Reporting unsafe working conditions to government agencies
  • Reporting suspected illegal conduct
  • Testifying truthfully against an employer
  • Filing lawsuit over wages
  • Consulting an attorney about possible lawsuit
  • Filing a workers’ compensation claim

Getting fired for one of these actions would be considered to be a wrongful termination. You should consult an employment attorney if you believe you have been retaliated against for engaging in a protected action.

Sexual Harassment

Sex discrimination, which is outlawed by federal and Ohio state law, is considered by the Supreme Court and state courts of Ohio to be an umbrella term under which sexual harassment falls. Facing harassment simply on account of one’s gender is considered sexual harassment. A person may also face more explicit sexual harassment, in the form of quid pro quo or hostile work environment.

In a situation of quid pro quo sexual harassment, it may be implied or explicitly stated that the employee’s “submission to” the unwanted sexual advances of a supervisor or coworker are a “condition” of employment, or, in other, ways, the victim may receive benefits such as a raise if he or she submits to the advances, or face repercussions such as a demotion if he or she refuses.

Hostile work environment sexual harassment creates just what its name implies: an intimidating, hostile, or offensive work environment, or interferes with the victim’s work performance.

If you believe you have faced sexual harassment at your place of employment, the National Employment Lawyer Network serves as a helpful tool for you to find experienced Ohio employment attorneys to aid you in determining your next steps.

Sources:

http://crc.ohio.gov/FilingaCharge/EmploymentDiscrimination.aspx
https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/Wrongful-Termination-Know-the-Basics.aspx
https://www.blr.com/HR-Employment/Discrimination/Sexual-Harassment-in-Ohio
https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-378.aspx
https://www.workplacefairness.org/whistleblower-retaliation-claim-OH