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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

Important Updates, Deadlines, and Clarifications for the HHS Provider Relief Funds

May 22, 2020On May 20, 2020, HHS made important updates and clarifications regarding the General Distribution payments to providers. Between April 10, 2020 and April 24, 2020, HHS distributed an initial $30 billion to providers based on the provider’s 2019 Medicare fee-for-service receipts. These funds were distributed automatically and providers did not need to submit an application in order to receive these funds. The funds were originally touted as a “no strings attached” stimulus payment reserved for healthcare providers. But HHS issued a 10-page Terms and Conditions and required that providers sign an attestation confirming receipt of the funds and agreeing to the Terms and Conditions.Client Alert

Reopening & Social Media: Tips for Businesses

May 21, 2020As the country starts to reopen, businesses are under great pressure to keep employees and customers safe. Even if a business follows every reopening requirement, there will inevitably be scrutiny from within and outside the organization. And, in this world of social media, perception tends to become reality. Below are a few practical tips to avoid attracting negative press while restarting your business.Client Alert

Back to Work: Employer Documents

May 20, 2020The return of the workforce brings a renewed set of documentation requirements for employers, particularly those employers with fewer than 500 employees and any companies who received PPP funds. Back in March, employers needed a COVID-19 Leave Form and a Remote Work Policy, but things have changed.Client Alert

PPP Loan Forgiveness Application Details

May 18, 2020As PPP loan recipients start to take stock of how they’ve used funds over the eight-week period, many businesses are eager to move ahead with the forgiveness portion of the program. How much of the loan will be forgiven is determined by the Small Business Administration (“SBA”), as provided in the CARES Act.[1] Over the weekend, the Department of Treasury released details on the forgiveness application, which can be found here.Client Alert

CARES Act and Financial Institutions – Litigation Update

May 15, 2020The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and the Paycheck Protection Program (“PPP”) have allowed some businesses to remain operational during the COVID-19 pandemic. For these businesses, obtaining access to funds under these programs has proved vital.
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