While Ohio has made progress in safeguarding LGBTQ+ workers, gaps remain. Discrimination continues to affect employees despite LGBTQ+ protections in the workplace, making it important for employees to recognize whether they are being treated fairly. Marshall Forman & Schlein LLC helps employees understand how Ohio’s laws and federal regulations safeguard them from discrimination and harassment. Below, we explore a few of the protections these laws provide.
Ohio’s Local and State-Level Regulations
Although Ohio lacks comprehensive statewide legislation specifically banning LGBTQ+ workplace discrimination for private employers, certain local ordinances help fill this gap. Some cities have enacted measures to prohibit discrimination based on sexual orientation and gender identity. These protections often extend beyond employment to cover public accommodations and housing, offering wider safeguards for LGBTQ+ individuals in these areas.
Federal Protections for LGBTQ+ Workers
LGBTQ+ employees are provided certain protections under federal law, specifically Title VII of the Civil Rights Act of 1964. A groundbreaking development came in 2020 when the U.S. Supreme Court ruled in Bostock v. Clayton County that discrimination based on sexual orientation or gender identity constitutes illegal sex discrimination under Title VII. This decision ensures that LGBTQ+ employees working for employers with at least 15 employees are protected from wrongful termination, harassment or unfair treatment.
Forms of workplace discrimination covered under federal law include:
- Denial of promotions, training or career opportunities
- Harassment, such as persistent derogatory remarks or jokes
- Refusal to extend employment benefits such as health insurance
- Hostile work environments created by discriminatory behavior
Federal remedies for affected workers can include back pay, emotional distress damages, legal expenses and even reinstatement or promotion. Filing a complaint with the Equal Employment Opportunity Commission (EEOC) is often the first step for employees who experience these violations. However, navigating the legal process can require skilled guidance.
Key Legal Developments
Legal protection for LGBTQ+ workers is a relatively newer area of employment law that continues to evolve. The Bostock ruling marked a critical turning point, but state courts in Ohio have yet to adopt similar interpretations for state-specific anti-discrimination laws. This creates a complex environment where understanding the intersection of federal, state and local rules is crucial.
Why Knowing Your Rights Matters
If you suspect discrimination based on your sexual orientation, gender identity or expression, you have the right to take action. Employers are legally responsible for ensuring a workplace that is free from bias and hostility. Taking proactive steps to assert your rights, such as consulting a lawyer or filing a discrimination complaint, can protect your employment opportunities and set important precedents.
Contact Marshall Forman & Schlein LLC for Help
Navigating LGBTQ+ employment laws can be complex, especially when dealing with overlapping federal, state and local regulations. At Marshall Forman & Schlein LLC, we are dedicated to protecting workers’ rights and have over 50 years of combined experience in employment law. Whether through negotiation or trial, our team works tirelessly to advocate for justice.
If you believe you’ve been subjected to workplace discrimination, we’re here to help. Contact us today for a free consultation and take the first step towards reclaiming your rights and dignity.