Best Ohio Employment Discrimination Attorney Answer: How long do I have to file an employment discrimination complaint in Ohio? Is there a limit to how much I can receive in damages for an employment discrimination claim? Can a supervisor who discriminates against employees be held liable in addition to the company? Can I bring a claim for discrimination on the basis of my sexual orientation under Ohio law?
Either you support racism, or you don’t. Either you stand with bosses that sexually harass their employees, or you don’t. In a time when we should be striving for greater equity in the workplace and increasing protection for employees of different races, genders, religion and age, some Ohio law makers want to make it easier to discriminate.
While our employment discrimination attorneys have answered the above questions in previous blogs (How Long Do I Have To Sue My Employer? I Need A Discrimination Lawyer!; Employment Attorney Best Answers: Is my employer liable for sexual harassment by a co-worker?; Can My Employer Discriminate Against Me Because I Am LGBT? I Need A Lawyer.), a bill currently being considered by the Ohio Senate may change the answers to these questions and make Ohio a far less employee-friendly state. In essence, you government representatives are trying to make it easier for your boss, manager, supervisor, employer to get away with race/color, religion, gender/sex, national origin, age, and disability discrimination and leave employees more vulnerable to wrongful terminations without any or limited recourses.
The bill, which is sponsored by state Senator Bill Seitz, a Republican attorney from Cincinnati, and which is being pushed by the Ohio Chamber of Commerce would give workplace discrimination victims less time to file a complaint, impose lower statutory limits on punitive and other non-economic damages, and would do away with supervisory liability, while maintaining the status quo of giving no to very limited employment law protections to LGBT workers.
These politicians argue that they are trying to protect business in Ohio. I’m not certain how making it easier and less costly to illegally discriminate saves business in Ohio. Instead, we should be making it easier for the thousands of Ohio businesses that do not illegally discriminate and harass their employees instead of promoting racist and sexist companies. Keep in mind that only employers that engage in discrimination and sexual harassment will benefit from this law.
If passed, the bill will impose caps on punitive and other non-economic damages in Ohio employment discrimination, ranging from $50,000 for cases against smaller employers to $300,000 for companies with more than 500 employees. Currently, as a result of tort reform in Ohio, compensatory damages are capped at either $250,000 or three times the amount of economic damages, whichever is greater, and only up to a total of $350,000. In turn, punitive damages in Ohio are currently limited to a maximum of double the total amount of compensatory damages.
The bill would also apply a statute of limitations of 365 days to all employment discrimination claims in Ohio. While most age discrimination claims brought in Ohio are currently subject to a 180-day statute of limitations, claims for race, gender, national origin, religion, and disability discrimination in Ohio currently have a six-year statute of limitations.
Seitz’s proposed bill would also override the Ohio Supreme Court’s decision in Genaro v. Central Transport and foreclose an employee’s right to hold a discriminating supervisor individually liable. This means that the boss who calls Black workers the n-word or the manger who conditions employment on having sex with him would have no personal liability. This law would take away the personal risk for these bosses, supervisors and managers. In doing so, these politicians are promoting racism, sexual harassment, and all forms of unlawful discrimination.
One area the bill does not change is LGBT protections. The employer-friendly Seitz, who has taken campaign contributions from Big Tobacco, the coal industry, and Wal-Mart, is proposing a bill that leaves LGBT discrimination protections in Ohio exactly as they are… non-existent.
SB 268, which is substantially similar to a Republican sponsored bill that failed in 2012, is being co-sponsored by Bill Coley, Bob Peterson, John Eklund, and Joe Uecker. While Sietz’s bill will hopefully meet the same fate as the 2012 bill, passage would be a substantial blow to the rights of Ohio employees.
You can help stop Seitz’s anti-employee, pro-discrimination bill by contacting your Ohio State Senator. Please take five minutes to protect Ohio from discrimination. After you click on the link to find your senator, you can copy and paste one of the following messages or write you own thoughts about weakening the anti-discrimination laws in Ohio:
- SB 268 supports racist bosses. Do you support racism in the worklace? Please stop this bill. Why would you limit the rights of African American workers in order to support companies that racially discriminate?
- If your daughter was forced to have sex with her boss to keep her job, do you think he should be held liable? SB 268 would completely protect this boss from even having even the littlest of liability. Why would you support a sexually harassing boss?
- SB 268 only protects businesses that engage in race/color, religion, gender/sex, national origin, age, and disability discrimination. Why would you want to help those type of employers to that?
- Are you one of the politicians who support and protect racism, gender discrimination, and sexual harassment? Do you support allowing bosses and managers to fire Black employees because of their race or women workers because of their gender? If not, do everything you can to block SB 268!
- I wanted to let you know that I was discriminated and harassed because of my race. My boss called me racist names and made fun of me because I am Black. When I reported my manager for being racist, my company fired. My family and I suffered and continue to suffer. I want to know if you oppose this type of racism or if you support these types of racist employers and SB 268. Let me sue my racist boss.
- I am a single mother that needs to work. Every day that I go to work, my manager grabs my ass or gropes my breast. I let him because I needed a job to feed my kids. Then, he told me I had to give him a blow job and have sex with him if I wanted to keep my job. I needed the health care. He fired me when I finally told him to stop. If you pass SB 268, these types of men get to keep doing this without any risk under the law. Why would you allow this?
Our employment discrimination attorneys will continue to everything that we can under the law to fight race/color, religious, gender, national origin, age, LGBT, and disability discrimination as well as sexual harassment. We need your help to keep the laws favoring employees!
If you are searching “I need a lawyer because I have been wrongfully fired or terminated;” or “I have been discriminated against based on my …” race, national origin, gender, age, religion or disability; or even think that you might need an employment lawyer, then it would be best to call the right attorney to schedule a free and confidential consultation at 866-797-6040. Spitz, The Employee’s Law Firm and its attorneys are experienced and dedicated to protecting employees’ rights and solving employment disputes.
This employment law website is an advertisement. The materials available at the top of this page and at this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking, “How do I …”, “What should I do …,” “My boss discriminated against me because …” or “I was fired for …”, it would be best for to contact an Ohio attorney to obtain advice with respect to any particular employment law issue or problem. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of Spitz, The Employee’s Law Firm, Brian Spitz, or any individual attorney.