labor lawAdivision of labor law center

While there is a federal law that prohibits employers from discriminating against individuals on the basis of sex, Ohio sexual discrimination in the workplace is based on the Ohio Revised Code of Title XLI.

Under this code, employers are those who have four or more employees and it includes the State of Ohio as well anyone working in the direct or indirect interest of the employer.  This differs from the federal law because Title VII applies only to those who have fifteen or more employees.  Employees are defined by the state of Ohio as anyone employed by an employer except for those who are employed in domestic service. 

Basically, the laws states that employers cannot make decisions on the matter of hiring, firing, promoting or determining job conditions, terms and compensation of the basis of an individual’s sex.

If your rights have been violated, you can file a complete with the Ohio Civil Rights Commission as long as you do so within six months of the alleged discriminatory act.  You can contact your regional office either by phone or in person.

After you submit your complaint, a Civil Rights Field Representative will take on your case, investigate the facts and write up a report along with a recommendation.  The report and recommendation will be submitted to the Regional Director for approval.  If the Director finds reasonable cause to believe that your rights have indeed been violated, you and your employer will enter a mandatory conciliation process.  If these negotiations fail, your case will go to public hearing.

If you choose to go through the federal courts, you must request a “Right to Sue” letter from the EEOC first.  In Ohio, you can choose to go directly through the state courts without contacting the Ohio Civil Rights Commission.  You’ll want to consult a lawyer to find out which option is best for your case.

It’s up to both employers and employees to stay informed of their rights and responsibilities when it comes to sexual discrimination in the workplace.  Furthermore, all employers should keep a current Ohio Complete Labor Law poster available in the workplace.

 

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