Covid-19: We are still open and our employment attorneys are available for you. If you have been forced to work against the government orders or wrongfully fired, call us now. For more information on Coronavirus related employment laws, click here.

The Spitz Law Firm, LLC

Call The Right Attorney

No Fee Guarantee

The Ohio Civil Rights Act’s prohibition on sex discrimination does not include sexual orientation harassment. That’s what the Ohio Court of Appeals for the Seventh District recently held in Inskeep v. Western Reserve Transit Authority.

In Inskeep, plaintiff Matthew Inskeep sued his employer, defendant Western Reserve Transit Authority, for sexual orientation harassment. WRTA argued that Inskeep’s complaint should be dismissed because sexual orientation harassment is not recognized under Ohio law. The Seventh Circuit agreed, holding that sexual orientation discrimination is not covered by The Ohio Civil Rights Act.

Under The Ohio Civil Rights Act, “It shall be an unlawful discriminatory practice: (A) For any employer, because of the race, color, religion, sex, military status, national origin, disability, age, or ancestry of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.”

In his appeal to the Seventh District, Inskeep argued that discrimination based on sexual orientation is discrimination “because of sex.” The Seventh District disagreed. It reasoned that while several States have made sexual orientation a protected class under their anti-discrimination statutes, Ohio is not one of them. Additionally, the court stated that the Supreme Court of Ohio has not yet addressed the issue of whether The Ohio Civil Right Act’s use of the word “sex” includes sexual orientation. As such, the Seventh District held that Inskeep’s sexual orientation harassment claim was not actionable.

If you even think that your employment rights have been violated or that you might need an employment lawyer, then call the right attorney to schedule a free and confidential consultation at (216) 273-3742. The Spitz Law Firm is dedicated to protecting employees’ rights and solving employment disputes.

Disclaimer:

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.