Discrimination - Other - Ohio

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The Ohio law identifies the following protected classes for purposes of employment discrimination:

• Race,
• Color,
• Religion,
• Sex (includes pregnancy, any illness arising out of and occurring during a pregnancy, childbirth, or related medical conditions but not requiring an employer to pay for health insurance for abortion),
• Military status (meaning a person’s status in “service in the uniformed services” as defined in section 5923.05 of the Revised Code),
• Disability (physical or mental impairment),
• National origin,
• Ancestry, and
• Age (40 years old or older).

Ohio also prohibits retaliation for engaging in a protected activity, such as protesting discrimination or participating in an investigation into discrimination.

A discrimination action can be brought against an employer with four or more employees. Of note, the law says that compensatory damages caps now apply to employment discrimination claims. For example, lost wages resulting from a discrimination claim have no cap under the law. Generally, discrimination and retaliation claims must be filed within two years of the occurrence, as well as claims of unpaid minimum or overtime wages. Equal pay claims (i.e., discrimination in pay), must be filed within one year.

State

Protected information

Protected classes ezExplanation

Contact

Civil Rights Commission

Regulations

ORC Ann. 4112.02 Civil Rights Commission; Unlawful discriminatory practices

ORC Ann. 4112.01 Civil Rights Commission definitions

See applicable discrimination topic.

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.