Discrimination in the workplace can make work very difficult for employees. When discrimination occurs, employees often dread going to work but they must because it is the only way to support themselves and their families. All employees should understand that they have rights. Federal law and Ohio law both make employment discrimination against the law and when employers violate these laws, it is actionable, meaning that employees can file a claim against their employer. If you have been discriminated against in the workplace, our employment discrimination law firm in Columbus is here to help.
Both federal and state law define specific protected classes that have the right to be free from discrimination at work. These laws stipulate that employers cannot discriminate against employees based on their:
When an individual possesses these characteristics, it means those traits cannot be considered when employers are making decisions regarding the individual’s employment. Employers cannot make decisions about terminating, hiring, layoffs, demotions, training, or other terms of employment based on those protected characteristics.
Ohio law also defines harassment as a form of employment discrimination. Employers who harass employees based on their protected class are in violation of the law. When a harassment case goes to court, a judge will determine if harassment took place, but even just one instance of harassment is enough to hold the employer liable.
Harassment that is in violation of the law is considered to be any wrongful act that is so pervasive or severe that it creates a hostile work environment for the employee. Offensive slurs, physical attacks, offensive objects or pictures, intimidation, and threats are some of the most common forms of harassment that occur within the workplace.
Constantly being the subject of racial slurs or physical attacks are obvious forms of harassment, but sometimes, it is much more subtle than that. This type of harassment is known as disparate impact discrimination and it can involve practices and policies the employer implements that discriminate against a certain group.
For example, an employer may administer an intense test that only those in the best physical condition are able to complete, leaving disabled workers at a disadvantage. Sadly, this is just one type of disparate impact discrimination.
Proving disparate impact discrimination is not always easy. Employees must prove that the employer has certain policies and practices that discriminate against a protected class. The only way employers can avoid liability is to establish that the policy or practice is necessary for a certain position or for their business. When employers can prove this, the focus will then center on whether an alternative practice was available that did not involve discrimination.
No one should ever be subjected to discrimination in the workplace. If you have been a victim of discrimination, our employment discrimination law firm in Columbus can help. At Marshall Forman & Schlein LLC, we have the necessary experience to hold employers liable when they engage in discrimination and we will help you secure the full amount of damages you deserve. Call us today or contact us online to schedule a meeting with one of our experienced attorneys and to learn more about how we can help.
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