An Overview of Employment Discrimination
A significant issue Ohio employees might struggle with is employment discrimination. Even though anti-discrimination laws have been in place for more than five decades, the majority of Americans still believe they’re facing discrimination in the workplace.
Understanding what counts as workplace discrimination can be challenging, but an Ohio employment lawyer can help you understand if you have been discriminated against.
What Is Employment Discrimination?
Employment discrimination occurs when you experience unfair or unequal treatment. For example, it is illegal for your employer to discriminate against you based on your sex, race, religion, or national origin. Employment discrimination doesn’t just happen between employers and employees; it can also occur between you and your co-workers.
Whether accidental or intentional, employment discrimination is illegal. Furthermore, physical threats or slurs aren’t the only way to experience employment discrimination. You may also experience discrimination through how your performance is judged or rewarded.
Discrimination also takes place during the hiring process. For example, a study showed that employers were more likely to consider white candidates with criminal records than black candidates with the same criminal records.
Examples of Employment Discrimination
Ohio employment law recognizes two types of discrimination: disparate treatment and disparate impact. Disparate treatment is also known as intentional discrimination and refers to when an employer mistreats you based on race, religion, or other classification.
Some examples of disparate treatment include:
- Paying men and women in similar positions and with the same experience and performance different wages.
- Allowing people with one religion to display their religious symbols at work while denying those of another faith the same.
On the other hand, disparate impact refers to when an employer issues a policy that applies to all employees but affects those under a particular classification differently. Some examples of disparate impact include:
- Hiring only employees of a certain color or height.
- Imposing a new requirement that affects a specific class of employees.
Discrimination Under FEPA
The Ohio Fair Employment Practices Act (FEPA) prohibits employment discrimination. FEPA was originally the Ohio Civil Rights Act when the government passed it in 1959. FEPA is also commonly referred to as Ohio Revised Code 4112 (ORC 4112). However, it has been amended many times, with the recent revision, called The Ohio Employment Law Uniformity Act, which took effect on April 12, 2021.
Although state and local laws protect against employment discrimination, ORC 4112 offers more comprehensive protection. A top federal employment discrimination law that stands out is the Title VII of the Civil Rights Act of 1964.
Protected Classes Under Employment Discrimination Law
An Ohio employment lawyer can file a discrimination claim for you if you fall into any of the protected classes below. ORC 4112 states that it’s illegal to subject employees to discrimination based on their:
- Color
- Race
- Religion
- Disability
- National Origin
- Sex
- Age
- Military Status
- Ancestry
Some omissions in the Ohio employment law include gender identity and sexual orientation. However, these classes are protected under Title VII.
Therefore, it’s unclear if you can win a claim for discrimination based on sexual orientation or gender identity under the Ohio employment law. However, contacting an Ohio employment lawyer can help you determine what kind of case you may have.
How to File a Claim for Employment Discrimination
First, you have to confirm that your issue falls under employment discrimination. To determine this, ask yourself the questions below:
- Is the act of discrimination related to employment within Ohio?
- Did the discrimination happen within two years from the date you filed the charge?
- Do you fall within any of the protected classes?
- Does your employer have more than four employees?
If you answered yes to the questions below, you can file a formal charge of employment discrimination with the Ohio Civil Rights Commission (OCRC). Your Ohio employment lawyer can also help you file your claim with the federal Equal Employment Opportunity Commission (EEOC).
This is because the state agency and EOCC have a work-sharing agreement that allows them to work together to process discrimination claims. Once you file a complaint with the OCRC, they have one year to carry out an investigation and decide if they will act on the complaint.
Protect Your Rights with Hux Law Firm
Several state and federal laws ban employment discrimination in the workplace. But the discimination generally has to be based on your protected class. If you believe you have been discriminated against in your workplace, you can file a charge with the OCRC by yourself.
However, an Ohio employment lawyer can help you even more because they know the ins and outs of Ohio discrimination laws. At Hux Law Firm, we represent victims of employment discrimination, and we aim to help you achieve the social and economic justice you deserve. Contact Hux Law Firm today to schedule a free consultation.
