Kara Sears
Ohio has both federal and state anti-discrimination laws in place to protect its citizens. The Ohio Civil Rights Commission enforces state anti-discrimination laws, and citizens can file a charge of discrimination online, by mail, or in person. Ohio's law applies to smaller employers and protects additional classes. For example, companies with 20 or more employees are subject to the Age Discrimination in Employment Act (ADEA), a federal law that prohibits discrimination against employees 40 years or older. Ohio law also prohibits discrimination based on race, sex, religion, military status, national origin, disability, or ancestry. However, it is important to note that Ohio statutes do not address discrimination based on sexual orientation and gender identity, although some localities have passed ordinances prohibiting such discrimination.
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What You'll Learn
Employment discrimination
In Ohio, employers must follow both federal and state anti-discrimination laws. Ohio's law applies to smaller employers and offers protection against discrimination and harassment in the workplace based on several factors. These include race, colour, religion, sex, military status, national origin, disability, age (40 or older), ancestry, and citizenship status. The Ohio Civil Rights Commission enforces state anti-discrimination laws, and complaints must be filed within two years of the alleged discrimination.
Ohio's anti-discrimination laws also apply to companies with four or more employees, while federal laws, such as the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act, apply to companies with 15 or more employees. The federal Age Discrimination in Employment Act (ADEA) prohibits companies with 20 or more employees from discriminating against employees aged 40 or older.
While Ohio statutes do not explicitly address discrimination based on sexual orientation or gender identity, several Ohio cities have passed anti-discrimination ordinances that include these protections in housing and public accommodations. In 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that employment discrimination against LGBTQ individuals is illegal, and Title VII of the Civil Rights Act of 1964 protects LGBTQ employees from discrimination based on sexual orientation and gender identity.
It is important to note that Ohio's anti-discrimination laws do not cover sexual orientation or gender identity as protected classes. However, federal law provides some protection for LGBTQ individuals in employment, and some localities in Ohio have passed ordinances prohibiting discrimination based on these characteristics.
Additionally, Ohio law prohibits discrimination in the selling, brokering, or appraising of real property because of race, colour, religion, sex, military status, familial status, ancestry, disability, or national origin. Ohio also requires that covered multifamily dwellings designed for first occupancy after June 30, 1992, be accessible to individuals with disabilities.
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LGBTQ+ rights
In terms of employment, LGBTQ+ individuals in Ohio have some protections under federal law and local ordinances. Title VII of the Civil Rights Act of 1964, as interpreted by the Bostock v. Clayton County ruling, prohibits employment discrimination based on sexual orientation and gender identity. This federal protection applies to employers with 15 or more employees. Additionally, some cities in Ohio, such as Athens, Columbus, Cincinnati, Cleveland, Dayton, and Toledo, have passed anti-discrimination ordinances that include employment protections. However, Ohio lacks comprehensive statewide legislation specifically banning LGBTQ+ workplace discrimination for private employers, leaving room for improvement in this area.
Regarding housing and public accommodations, several cities in Ohio have taken the lead in providing protections for LGBTQ+ individuals. Cities like Columbus, Athens, Cincinnati, Cleveland, Dayton, and Toledo, have passed ordinances prohibiting discrimination in housing and public accommodations. These protections ensure that LGBTQ+ individuals have equal access to housing opportunities and can utilize public facilities without discrimination.
Public opinion polls in Ohio have generally shown support for LGBTQ+ rights. Surveys conducted by the Public Religion Research Institute in 2016 and 2019 indicated that a majority of Ohio residents supported same-sex marriage and favored non-discrimination laws protecting LGBTQ+ individuals. Additionally, a significant number opposed allowing businesses to refuse service to LGBTQ+ people based on religious beliefs.
While progress has been made, the absence of comprehensive statewide anti-discrimination laws in Ohio leaves LGBTQ+ individuals vulnerable in certain areas. The Ohio Fairness Act, if passed by the state legislature, could provide a comprehensive state-level remedy to fill in the gaps left by local ordinances. In the meantime, LGBTQ+ individuals in Ohio primarily rely on federal protections and a patchwork of local ordinances for their rights and protections.
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Housing discrimination
Ohio's fair housing laws make it illegal for landlords, sellers, realtors, and other housing providers to discriminate against individuals or groups of people based on these protected characteristics. Housing providers can include property managers, insurance companies, local governments, homeowners' associations, or other groups or individuals.
Discrimination in housing can take many forms, such as advertising to "preferred" groups, directing individuals to specific neighbourhoods based on their race, or failing to inform about available properties. Landlords or housing providers may also discriminate against tenants by refusing to make reasonable accommodations for individuals with disabilities or treating individuals with children or adopting a child differently.
In addition to state laws, federal laws, such as the Fair Housing Act, also protect Ohio residents from housing discrimination. Under federal law, it is illegal to discriminate in the sale, rental, or financing of housing based on race, colour, national origin, religion, sex, disability, or familial status.
If individuals believe they have experienced housing discrimination in Ohio, they have the right to file a complaint with the U.S. Department of Housing and Urban Development (HUD) or local fair housing organizations within a year of the incident. They also have the option to file a lawsuit in state or federal court, depending on whether the claim is brought under federal or state law.
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Disability rights
Ohio has several laws in place to prevent disability discrimination in the workplace. These laws apply to employers with four or more employees, including state and local governments.
Ohio law defines "disability" as a physical or mental impairment that substantially affects at least one life activity, such as walking, talking, seeing, hearing, breathing, working, sleeping, or learning. A person can also be considered disabled under the law if they have a record of disability or are regarded as disabled by others.
The Ohio Fair Employment Practices Act prohibits employment discrimination based on disability, as well as other characteristics such as race, colour, religion, sex, and national origin. It is unlawful to retaliate against someone for opposing employment practices that discriminate based on disability or for filing an ADA discrimination charge.
The Ohio Civil Rights Commission (OCRC) enforces anti-discrimination laws in the state, and individuals can file complaints with the OCRC if they believe they have been discriminated against. The OCRC requires individuals to file a complaint within two years of the alleged discrimination.
Additionally, employers must make reasonable accommodations for applicants or employees with known disabilities unless they impose undue hardship. Reasonable accommodations may include making worksites usable for employees with disabilities, modifying equipment or tools, restructuring jobs, or providing interpreters for hearing-impaired applicants during interviews.
Ohio law also prohibits discrimination in the selling, brokering, or appraising of real property because of disability. Covered multifamily dwellings constructed after June 30, 1992, must have at least one building entrance on an accessible route and ensure that public and common use areas are readily accessible to individuals with disabilities.
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Workplace harassment
Ohio state law and federal laws protect against discrimination and harassment in the workplace. Workplace harassment involves unwelcome behaviour in the workplace based on race, sex, or other protected factors.
Ohio employers are required to provide a work environment that is free of unlawful discrimination and harassment. If you believe you are being harassed at work, you should first check your employee manual or HR policies to understand how to make your report. Your employer should then promptly investigate your complaint. You may be required to participate in the investigation, and your employer should not retaliate against you for doing so.
If you have a disability, you can ask for a reasonable change, called a reasonable accommodation, to help you do your job. Under Ohio law, employers cannot treat you differently because of your disability, and they must make reasonable accommodations for you.
If you believe your employer has unlawfully harassed you within the past two years, you can begin a state claims procedure by filing a formal claim with the Ohio Civil Rights Commission (OCRC). You must file a charge with the OCRC before you can sue in state court. The commission will review your complaint and, in most cases, you must get a "Notice of Right to Sue" from the commission before you can file a lawsuit.
It is important to note that the process and filing deadline are different under federal law. If your company has at least 15 employees, you may also elect to file your claim with the federal Equal Employment Opportunity Commission (EEOC).
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Frequently asked questions
Yes, Ohio has anti-discrimination laws in place. These laws apply to employers with four or more employees and protect against discrimination based on race, color, religion, sex, age, disability, national origin, military status, and familial status.
Ohio's anti-discrimination laws protect individuals from unfair treatment based on their membership in a protected group or class. These protected characteristics include race, sex, age, disability, national origin, military status, and familial status.
Ohio's housing anti-discrimination laws prohibit discrimination in the selling, brokering, or appraising of real property based on race, color, religion, sex, military status, familial status, ancestry, disability, or national origin. Additionally, covered multifamily dwellings must be designed and constructed to be accessible to individuals with disabilities.
If you believe you have been discriminated against in Ohio, you can file a charge of discrimination with the Ohio Civil Rights Commission (OCRC). You can file a complaint online, by mail, or in person, and it is recommended to do so within two years of the incident. The OCRC offers a free service to help resolve disputes between employers and employees.
