June 10, 2023
Ohio is not a worker-friendly state. Many states have pro-worker protections such as banning non-compete agreements, requiring employers to provide paid family leave, or having more robust wage and hour laws. Ohio’s workers’ protections are mostly limited to the minimal federal laws. That means that the main protection workers are afforded in Ohio are the laws against discrimination. If you are suffering from employment discrimination for the following reasons, you may have legal recourse in the State of Ohio:
While these protections from discrimination also apply in the context of housing and public accommodations, this article will only handle discrimination in the context of employment.
Many people think that because their boss is mean to them, that constitutes employment discrimination. That is incorrect. It is sadly lawful to be a bad and/or mean boss. It is only unlawful if your boss treats you differently because of your race, gender, etc. And you must prove that is the reason you are poorly treated. While each type of employment discrimination differs, you need to prove the following facts to establish that you are being discriminated against.
When you are a current employee, you are being unlawfully discriminated against if:
What does it mean to be a member of a protected class? It means you are a minority, a woman, disabled, older than 40, a member of a minority religion, etc. from the protected class list above. There are instances of reverse discrimination. This is where you are not a member of a protected class, but are instead treated worse because you are not a member of a protected class.
What is an adverse employment action? It is an instance of discipline where your pay is affected, meaning discharge, suspension, demotion, denial of promotion, or pay docking. Denial of training and other forms of discipline have also been found to be adverse employment actions in certain instances.
This is usually the hardest part for workers to prove because few managers will openly admit to their prejudice. If you do not have a smoking gun recording of your manager calling you a racial slur or admitting you were fired because of discrimination, never fear. Other evidence will be accepted:
If you have read this article and believe you are suffering or have suffered from employment discrimination, call the Hurm Law Firm for a free consultation at (216) 860-1922.