Discrimination Attorney Near Me
Employees in Ohio are protected by both state and federal law from employment discrimination based on a variety of characteristics, including race, sex, sexual orientation, national origin, disability, age, and religion. This means that covered employers are prohibited from making biased decisions when it comes to hiring, promotions, job assignments, compensation, and termination based on these protected classes, and cannot harass a person based on one or more of the aforementioned protected characteristics. Employers who violate this right can and should be held accountable for their actions. Unfortunately, filing this type of claim tends to be difficult, so if you were discriminated against as an employee or an applicant, whether by an employer or a fellow employee, it is critical to consult with an experienced discrimination attorney who can help you navigate the complicated procedures that come with filing a discrimination claim.
Employees are protected from employment discrimination by many different federal laws, including:
- The Equal Pay Act, which prohibits employers from paying employees a different wage based on their sex;
- The Fair Labor Standards Act, which requires employers to compensate employees with a minimum wage and to pay them extra for hours worked over 40 hours per week;
- The Age Discrimination in Employment Act (ADEA), which protects employees and applicants between the ages of 40 and 65 from being discriminated against on the basis of age;
- The Americans with Disabilities Act (ADA), which prohibits discrimination against those with mental or physical handicaps by not only state and local governments, but also by private employers;
- The Family and Medical Leave Act (FMLA), which guarantees eligible employees the right to take unpaid leave for specific health or family-related reasons; and
- Title VII of the Civil Rights Act of 1964, which is perhaps the most all-encompassing federal anti-discrimination law and prohibits any employer with more than 15 employees from discriminating against applicants and employees because of their race, religion, color, sex (which includes pregnancy, childbirth, and related health conditions), or national origin.
Because it offers such broad-ranging protections, most discrimination claims are filed under Title VII, as this law makes it unlawful to discriminate based on a protected characteristic when it comes to:
- The terms, conditions, or privileges of employment; and
Employment agencies are also barred from discriminating when it comes to referring applicants, and labor organizations are prohibited from basing membership or union classifications on color, national origin, race, religion, or sex.
Most federal anti-discrimination laws are interpreted and enforced by the Equal Employment Opportunity Commission (EEOC), so most people who have been victims of discrimination in the workplace, file complaints with this agency, although they must do so within 300 days of the discriminatory act. Once the agency has investigated the matter, it will decide whether the case should be litigated. Fortunately, even if the EEOC determines not to file a lawsuit against an employer, the claimant can file a claim in court on his or her own.
It is also possible for Ohio residents to file a complaint with the Ohio Civil Rights Commission (OCRC), which has the power not only to review claims but also to adjudicate them. Final OCRC decisions can be appealed to the state court.
Experienced Discrimination Attorney Near Me
If your right to be free of discrimination based on sex, race, religion or another protected characteristic in the workplace was violated, please contact the dedicated legal team at Marshall & Forman, LLC by calling (614) 463-9790 to learn more about your legal remedies.