Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Ohio Enacts Substantial Changes to Employment Discrimination Laws

Client Alert
February 25, 2021

In January, Governor Mike DeWine signed into law the Employment Law Uniformity Act, amending the employment protections in the Ohio Civil Rights Act in several significant ways. Such changes to the state’s anti-discrimination and anti-harassment laws have been considered and debated for years and finally made their way into Ohio law.

What has changed for employment claims under the amended Ohio Civil Rights Act?

  • Statute of Limitations: The statute of limitations for employment discrimination claims has been reduced from 6 to 2 years, bringing Ohio in line with federal law.
  • Administrative Remedies: Prior to filing suit in court alleging employment discrimination, individuals must first exhaust administrative remedies by filing a charge with the Ohio Civil Rights Commission and obtaining a right-to-sue-letter. Filing a charge tolls the statute of limitations during pendency and for 60 days after closure of the charge. The deadline to file a charge has been expanded from 180 days to 2 years after the alleged discrimination.
  • Supervisor Liability: Personal liability for supervisors, managers, and coworkers for discrimination or harassment has been eliminated except in limited circumstances. This brings state law more in line with federal and will likely curtail a very common practice by plaintiffs' attorneys in Ohio of suing supervisors in their individual capacity.
  • Sexual Harassment Defense: The employer’s affirmative defense for sexual harassment claims has been codified and mirrors the Faragher/Ellerth affirmative defense established by the U.S. Supreme Court and already recognized by Ohio courts. An employer may assert an affirmative defense against hostile work environment sexual harassment claims if it had anti-harassment policies and complaint procedures in place, and the employee unreasonably failed to take advantage of them. This defense is not available if the harassment was committed by a supervisor and also resulted in a tangible employment action such as firing, demotion, etc.
  • Age Discrimination: The Employment Law Uniformity Act has also simplified the tangled web of age discrimination claims that existed in Ohio, which had varying statutes of limitations, administrative exhaustion requirements, and remedies. The characteristics of age discrimination claims have been harmonized with other employment claims under the Ohio Civil Rights Act.

When do the changes go into effect?

  • The Employment Law Uniformity Act becomes effective April 15, 2021.

What actions should employers take now?

  • The most important thing Ohio employers need to do as a result of these amendments is review their policies and procedures to ensure that they have anti-harassment provisions and reporting procedures in place and provide training to their employees. Effective policies, procedures, and training can help prevent sexual harassment in the workplace, ensure prompt action when a complaint arises, and mitigate liability if legal action ensues.  

The Labor and Employment team at BMD is available to assist if you have questions related to these important developments. For more information, please contact Employment and Labor Law Attorney Russell Rendall at 216.658.2205 or rtrendall@bmdllc.com.

Anti-Discrimination LawHB 352Employment and Labor LawRussell T. Rendall
Client Alert

What Telemedical Barriers Practices Face and How They Can Manage Them

May 28, 2021The onset of the COVID-19 pandemic has led to many businesses and industries having to rapidly adapt new practices in order to stay profitable, and the healthcare industry is no exception. Although telehealth tools and practices have existed and been used since the Vietnam War, the pandemic has caused many individual healthcare practices to heavily rely on telehealth as a large portion of their service mix in order to continue to provide care for patients. Because of this rapid adoption of telehealth practices in order to combat the restrictions of COVID-19, the telemedicine industry’s revenue has exploded in the last year. Experts predict that telehealth will continue to grow in use beyond the current pandemic, estimating the industry’s worth to be $25 billion by 2025. However, this rapid adoption of telehealth was prompted out of need and has not been without its own barriers that practices now face.Client Alert

Which Entity Should I Form When Starting a New Business?

May 21, 2021As a tax law attorney, friends and acquaintances ask me this question all the time: what type of entity should I form when starting a new business? With many business options available it can be confusing determining which business structure would be appropriate. Below is a general overview of each business structure and the tax responsibilities of each.Client Alert

IMPORTANT UPDATE: IRS Opens Portals for Advanced Child Tax Credit Payments 2021

May 20, 2021The American Rescue Plan Act (the “Act”) expands the Child Tax Credit for tax year 2021. In addition to expanding the Child Tax Credit, the Act provides for advance payments of the 2021 Child Tax Credit. Beginning in July, the IRS will automatically send Advanced Child Tax Credit payments to eligible taxpayers based on their 2020 tax return (or 2019 tax return if the 2020 tax return has not been filed and processed yet). The amount of the advanced payment will be up to $300 each month for each qualifying child under 6 years old at the end of 2021 and $250 each month for each qualifying child between 6 and 17 years old at the end of 2021. For example, if you have 2 qualifying children, one 4 years old and one 8 years old, you may receive up to $550 each month in advance child tax credit payments.Client Alert

Employment Law After Hours: CDC SAYS NO MORE MASKS FOR VACCINATED PEOPLE: What does this mean for employers and employees?

May 17, 2021This morning, ELAH published an emergency episode discussing the questions employers sent us since the CDC’s release of its revised mask guidance late last week. This episode explores questions such as whether an employer can allow vaccinated people to go without masks, while requiring unvaccinated people to wear a mask, whether employers can inspect an employee’s vaccine card, and it discusses the risks of liability an employer faces based on the decisions and policies it makes following the release of this CDC guidance, along with many other questions.Client Alert

COVID, Privacy and More! New Challenges for Physicians in 2021

May 12, 2021While hopefully we are coming out of the pandemic, the legal repercussions related to legislative initiatives and other actions during that time continue to apply to businesses in general and healthcare practices. It is a helpful reminder that practices make certain that they maintain accurate records in order to satisfy the reporting requirements under the various COVID-related bills and protect yourself from future employment claims.
Older posts
Newer posts