The Employee’s Attorney: Ohio Employment Discrimination Lawyers

The Most Important Thing You Can Do Today: Call The Right Attorney

Our employment discrimination lawyers have the experience and strong conviction needed to fight unlawful employment discrimination no matter the size of the unlawfully discriminating employer. Employment discrimination comes in many forms, and our attorneys are here to give you a free and confidential evaluation of your potential employment discrimination claims.

Discrimination lawyers, particularly employment discrimination attorneys, often find themselves in the difficult position of having to explain the difference between an employer acting wrong and acting unlawfully. The intricacies of employment discrimination law, unlike as other areas of law, require the guidance of skilled and experienced lawyers to navigate the handling discrimination claims. Not all employment discrimination is illegal. Under its common definition, discrimination is simply choosing between two alternatives. In order for the employment discrimination to be unlawful, there must be a specific and applicable law preventing the employer from discriminating on that basis. For example, discriminating against red-heads is not unlawful, but discriminating based on race is unlawful. Workplace discrimination against left-handed employees is not unlawful, but employment discrimination based on gender is unlawful. For all of you upset left-handed red-heads, employment lawyers don’t write the discrimination law, we just know them and how to fight for your rights under those anti-discrimination laws.

There are a lot of bosses and managers that are filled with hate and jealously. These employers have biases. Sometimes, these supervisors and owners are not even fully aware that they are acting in a manner that is prejudicial; and sometimes they are flaming bigots, racists, and/or sexist morons. Regardless, if you were treated or are being treated differently or unfairly at work based on your race, gender, national origin, age, sexual orientation or because you have a disability, you may have a claim for unlawful discrimination.

The legal landscape for employees is tricky. Your employer has hired a team of lawyers to protect them. Our team of lawyers practice only employment litigation for employees. We are one of the largest employment law firms in the United States, which can provide you resources that you cannot get anywhere else. So, if you are looking for the “best employee’s rights lawyer near me,” call us now for a completely free and confidential initial consultation. You worked hard at your job, so let us work hard for you now.

Frequently Asked Questions About Employment Discrimination

  • Who Is Protected From Employment Discrimination?
  • What Laws Protect Against Employment Discrimination?
  • When Does Employment Discrimination Occur?
  • What Does An Employee Have To Do To Prove Unlawful Discrimination?
  • How Do Employers Respond To Claims Of Discrimination?
  • What Happens Next?
  • What Happens If The Employee Can Show Pretext?
  • What Happens When The Employee Wins A Discrimination Lawsuit?
  • What If The Manager Discriminated Against The Employee Without The Owner’s Knowledge?
  • Is The Manager Liable For The Discrimination?
  • Should I Consult An Attorney?
Employment Discrimination Attorney: Typically, employers discriminate against employees based on their: Race; Religion; Age (over 40); Disability; Gender; Military Status; or National Origin. Employer are also prohibited from discriminating against an employee for engaging in certain protected activities, such as taking Family Medical Leave, filing a Workers’ Compensation Claim, complaining of Wage Violations, or making other Whistleblower Claims. Some states have law that prevent discrimination based on sexual preference or orientation (against gays and lesbians), but Ohio currently does not have a directly applicable law addressing such employment discrimination. [Read more about each protected class by clicking on the provided link].

Employment Discrimination Attorney: There are both federal and Ohio law laws that make it unlawful to discriminate against employees based on the above protected classes, including: Title VII of the Civil Rights Act of 1964, American with Disabilities Act (“ADA”), Family Medical Leave Act (“FMLA”), and related Ohio statutes such as R.C. § 4112.99, R.C. § 4123.90, R.C. § 4112.02(N), R.C. § 4112.05, and R.C. § 4112.14. Each employment discrimination law has different statutes of limitations. Some give you 60 days while others allow six years to bring a claim. Thus, if you have any question about whether or not you may have an employment discrimination claim you should call the right employment law attorneysimmediately.

Employment Discrimination Attorney: Employment discrimination occurs when an employer takes an adverse employment action against you because you fall into a protected class. Adverse employments actions include, but are not limited to, demotions, terminations, reductions in pay or benefits, reductions is status, failures to promote, less-desirable work assignments, and undesired transfers. When religious discrimination or disability discrimination is involved, it may also be illegal for an employer to deny reasonable accommodations to an employee. For instance, absent significant hardship to the employer, an employer cannot require a person to violate his or her religious beliefs such as working on the Sabbath, eating a forbidden food, or insisting that they remove religious articles of clothing. Likewise, an employer is required to accommodate the disabilities of its employees.

Employment Discrimination Attorney: Employees do not have to prove that discrimination was the employer’s only motivation but simply that discriminatory bias played some role in the employment decisions. See Desert Palace, Inc. v. Costa (a plaintiff must only show that discrimination was a “motivating factor.”). Employment discrimination can be proved by direct evidence or indirect evidence. Direct evidence of employment discrimination typically involves an admission by a manager, including comments such: “This is man’s job,” or “I wouldn’t trust a black person to do that job.” Using indirect evidence of employment discrimination is more common. Under the indirect evidence method, the employee starts by showing that he or she was qualified for job or the promotion, or was performing satisfactorily; and that the job/promotion went to an individual outside the protected class in question.

Employment Discrimination Attorney: Once an employee shows that he or she is a member of a protected class and that the employee suffered an adverse employment action, the burden of proof shifts to the employer to state a legitimate lawful reason for the adverse employment action. For example, the employer may try to point to substandard performance, missed attendance, downsizing, or a dispute or altercation with a manager or co-worker.

Employment Discrimination Attorney: The employee has the opportunity to present evidence that the reason stated by the employer is pretext, which is a legal term simply meaning a lie by the employer to cover up the employer’s true discriminatory intent. Pretext can be shown through by inconsistent reasons from the employer, statistics, documents (including emails and personnel files), testimony, statements and a variety of other types of evidence disputing the reasons given by the employer. For example, if the employee is told at the time of termination that the reason is downsizing, but then hires three more employees the week after the termination, there is evidence of pretext. Alternatively, if the employer states that the employee was not reaching certain statistical requirements, but records obtained through discovery during the lawsuit show that other employees were statistically lower, there is evidence of pretense. Our employment discrimination lawyers also regularly see employers change their reason for termination, and sometimes repeatedly. This is also evidence of pretext.

Employment Discrimination Attorney: Once admissible evidence of pretext is shown, a question of fact is created. This is a very important point in employment discrimination cases, because it means that the case will proceed to a jury. An overwhelming majority of employment discrimination cases get settled. Some employers will wait to see if they can get the case dismissed by arguing that there are no questions of fact and that the case should be decided as a matter of law. Because employers and their employment defense attorneys know that our employment discrimination lawyers are willing and have been very successful at trying cases to juries, there is usually another round of settlement discussions – sometimes insisted upon by the court. If the case cannot be settled, we take the case to the jury.

Employment Discrimination Attorney: It depends on the type of claim and the goals of each employee, but generally, back wages for lost or reduced wages, reinstatement, and promotion are available. Additionally, the court can make the employer take certain actions to prevent such discriminatory conduct moving forward. Depending on the type of discrimination claim, the court may also award attorneys fees.

Employment Discrimination Attorney: The owner, CEO, or even human resources (HR) does not need to know about the discrimination. The employer is vicariously liable for the acts of the manager. In the employment discrimination setting, vicarious liable simply means that the employer is responsible for the acts of its managers done within the scope of their employment, even unlawful discriminatory acts contrary to the employer’s stated anti-discrimination policies. Thus, just because an employer has a handbook that says, “we do not discriminate,” or some similar anti-discrimination language, the employee does not get off the hook because its managers committed employment discrimination.

Employment Discrimination Attorney: Under most Ohio and Federal employment discrimination laws a manager is directly liable for his or her discriminatory conduct. While an employee can choose not to sue a manager directly, there are a lot of good reasons to hold the manager responsible for his or her conduct.

 

Employment Discrimination Attorney: Always. Especially when our employment discrimination lawyers offer free and confidential initial consultations, it is always better to find out now whether or not you have a claim or how to strengthen your claim than to wait until it is too late.

 

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- Luther J.

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The Spitz Law Firm sued my company and I saw firsthand the quality of work and the result that they obtained, but in a professional and respectful manner. So when my wife had an issue with her employer, I called Brian to represent her. He did not disappoint.

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I was amazed at how honest attorney Spitz was with me. The free meeting was really free. He took the time and gave me honest options. When they took my case, I did not have to pay him anything upfront like he said he would. Then he got me more than I ever thought possible. I give everyone I know his card. Attorney Spitz is the best.

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My boss sexually harassed and touched me. I was so hurt and scared. Brian took care of me and gave me my life back by going after him and [my employer].

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Brian explained in a way that I could understand everything that was happening and what would happen. It was like he could see the future and was planning three steps in front of everyone else. It was crazy.

- James Q.

Why Our Clients Love Us

Brian Spitz and the attorneys at The Spitz Law Firm are the most courteous, caring, professional individuals with a WARRIOR’S attitude to fight for the clients and justice.

- Evelyn

Why Our Clients Love Us

The Spitz Law Firm worked meticulously and determinedly regarding my discrimination case against a former employer. I am very satisfied with the conclusion of the case. The attorneys and staff were proficient, considerate and compassionate. I will refer my family and friends to the Spitz Law Firm because I know they will work resolutely to make sure their clients are pleased.

- Monique P.
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  • The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Schedule A Free Consultation Now!

  • The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.