Employment discrimination is more than just an unfair act or bad decision by an employer—it is a violation of an employee’s right to a fair and equal workplace. Understanding what constitutes employment discrimination under Ohio law is crucial for employers and employees to protect themselves, their businesses, and their professional rights.
This blog will explore the different forms of employment discrimination recognized in Ohio, including disparate treatment and disparate impact, as well as federal and state protections against discriminatory practices. Whether you are an HR manager, executive, legal professional, or Ohio worker, this guide will provide valuable insights into employment discrimination law, how to recognize violations, and when to seek assistance from experienced employment discrimination lawyers.
What is Employment Discrimination?
Employment discrimination occurs when an employer treats an employee or job applicant unfairly based on specific characteristics—such as race, gender, disability, or religion—rather than their qualifications or performance. These discriminatory practices may manifest during hiring, promotions, wages, workplace policies, or terminations.
Ohio employees are protected by both federal employment laws and Ohio state laws. While the federal protections stem from acts like Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), Ohio has its own anti-discrimination laws under the Ohio Civil Rights Act. These laws ensure that employees across the state can work in environments free from bias and mistreatment.
Forms of Employment Discrimination in Ohio
Understanding the different types of employment discrimination is essential to recognizing and addressing wrongdoings in the workplace. Below are the two primary models used to classify acts of discrimination:
- Disparate Treatment
Disparate treatment refers to blatant and intentional discrimination based on a protected category, such as age, race, or gender. This occurs when an employer deliberately treats one group of employees differently than others.
Examples of Disparate Treatment
- Denying a qualified woman a promotion but awarding it to a less-qualified male employee.
- Not hiring a job candidate because of their disability, despite their capabilities.
- Terminating an older employee and replacing them with a younger worker without valid reasons.
The key aspect of disparate treatment is intent—there must be clear evidence that the employer’s discriminatory actions were purposeful. Direct comments, written policies, or documented behavioral patterns often serve as proof in such cases.
- Disparate Impact
Unlike disparate treatment, disparate impact is a form of indirect, unintended discrimination. Here, seemingly neutral company policies or practices disproportionately affect specific groups, resulting in unfair outcomes for those belonging to protected categories.
Examples of Disparate Impact
- A workplace policy requiring all employees to be over 6 feet tall is likely to disproportionately exclude women and certain racial or ethnic groups.
- Using entry exams that focus on physical capabilities irrelevant to the specific job responsibilities, potentially disadvantaging older or disabled applicants.
- Enforcing arbitrary English-only rules that disproportionately affect non-native English speakers.
While disparate impact may not involve malicious intent, it can still violate anti-discrimination laws and lead to significant damages for affected employees.
Protected Classes Under Ohio and Federal Law
While federal laws like the Civil Rights Act provide protection against discrimination, Ohio laws extend these federal safeguards to ensure additional inclusivity. Here are the most recognized protected classes:
- Race and Ethnicity (e.g., African American, Asian American, Hispanic/Latino workers)
- Gender and Gender Identity
- Age (particularly protection for employees aged 40 and older via the ADEA)
- Religion
- Disability (physical or mental impairment under the ADA)
- Military Status or Veteran Status
- Pregnancy (under the Ohio Civil Rights Act and the Pregnancy Discrimination Act)
- Sexual Orientation
- Family Medical History and Genetic Information (via GINA)
Employees in any of these categories are shielded against discrimination in hiring, workplace policies, wages, promotion, termination, and other employment-related decisions.
Common Examples of Employment Discrimination in the Workplace
- Hiring Discrimination
During the recruitment process, an employer may unfairly reject candidates belonging to a certain race, age group, or gender. An example of this could be not hiring female candidates for managerial roles despite their equal or superior qualifications compared to male applicants.
- Unequal Compensation
Sometimes, employees may discover significant pay disparities between men and women performing the same duties under similar conditions, violating equal pay standards.
- Workplace Harassment
Employees subjected to offensive comments, jokes, or behavior targeting their race, gender, or religion experience workplace harassment. This creates a hostile work environment, a clear form of workplace discrimination.
- Demotions and Lack of Promotions
When deserving employees are consistently passed up for promotions, pay raises, or professional development opportunities due to their protected status, it’s an indicator of discrimination.
- Unlawful Retaliation
Employees who report discriminatory practices or participate in investigations are sometimes subjected to retaliation. This retaliation can include termination, demotion, or creating unbearable workplace conditions to push the employee to quit.
Steps to Take if You Experience Employment Discrimination in Ohio
If you believe you have been a victim of employment discrimination, it’s essential to act promptly:
- Document the Incident
Keep detailed records of any discriminatory behavior, including dates, interactions, emails, or witness accounts.
- Report to HR or Management
File a complaint with your manager or HR department. Ensure your complaint is documented in writing.
- File a Charge with the EEOC
The U.S. Equal Employment Opportunity Commission (EEOC) investigates workplace discrimination claims. You must file a charge with the EEOC before pursuing a lawsuit under federal law.
- Seek Legal Assistance
Consult experienced employment discrimination lawyers who specialize in Ohio workplace law. They can guide you on your legal rights, help file necessary claims, and represent you in court if required.
How Employment Discrimination Lawyers Can Help
Navigating employment discrimination cases can be stressful and overwhelming. Partnering with skilled lawyers can make a significant difference by helping you:
- Evaluate whether discrimination occurred.
- Gather compelling evidence and build a strong case.
- Understand Ohio’s specific employment laws.
- Negotiate settlements or represent you in legal proceedings.
At The Friedmann Firm LLC, we stand up for employees facing discrimination across Ohio. Our employment discrimination lawyers have extensive experience handling cases involving disparate treatment, disparate impact, harassment, and retaliation. If you believe your workplace rights have been violated, we’re here to help.
Take Control of Your Workplace Rights
Discrimination has no place in Ohio workplaces. Whether you’re an HR manager, executive, or employee, ensuring equal opportunities and fair treatment is everyone’s responsibility.
Are you facing employment discrimination? Contact The Friedmann Firm LLC today for a free consultation with one of our experienced employment discrimination lawyers. Together, we can safeguard your workplace rights and achieve the justice you deserve.
