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Your Voice for Justice in Ohio Employment and Civil Rights Matters

Newark Discrimination Lawyers

Last updated on December 23, 2025

All companies, including nonprofit organizations, private companies and government agencies, are legally required to treat employees and employment candidates equally. State and federal law recognize that individuals have the right to be treated fairly regardless of their race, age, sex, national origin, gender, disability, religion, history of military service or pregnancy status. By law, individuals who fall into one of these categories are considered a “protected class.” Individuals who are in a protected class and are not hired for a certain position, are terminated from a job or are the victims of harassment based on their class status should speak to a Newark discrimination lawyer who can provide the advice and representation they need.

What Laws Pertain to Protected Classes?

Several laws protect the rights of employees and employment candidates in the United States. These include:

Ohio’s Revised Code also outlines laws that protect employees and employment candidates from discrimination. A Newark discrimination lawyer can explain what these laws are and how they protect you.

When Do You Need a Newark Discrimination Lawyer?

Discrimination is often very subtle, and people wonder if it rises to the level where they need to speak to a discrimination lawyer in Newark. You may need legal advice if:

  • You are over the age of 40, and your employer says the business needs someone who is not going to retire soon or has more energy, or younger employees are given preferential treatment.
  • You are of a certain race, and your employer makes racial slurs to or about you, or other employees not of your race are continuously given promotions and raises before you.
  • A manager or supervisor has threatened to fire you for asking for additional breaks due to a disability.
  • Co-workers, or a manager or supervisor, have mocked you for praying or reading religious material on your break.
  • Your employer has told you not to return after your maternity leave.
  • Your civilian job was given to another person and not returned to you upon your return from serving in the military.
  • Your employer is treating you unfairly after you requested FMLA leave or fired you shortly after returning from this type of leave.

Unfortunately, these are just a few scenarios in which you should speak to an employment discrimination lawyer. Any time you feel as though you are being treated unfairly, it is time to let an attorney review your case.

Filing a Claim with the EEOC

When an employee or applicant has been discriminated against based on his or her race, sex, disability, age, religion, national origin or color, he or she can file a claim directly with the Equal Employment Opportunity Commission (EEOC), which enforces Title VII. Employees can also file their claims directly with a federal court, although in order to do so, the employee must first submit a claim with the EEOC within 300 days of the discriminatory acts. Unfortunately, federal law only applies to employers who hire 15 or more employees.

If, after an investigation, the EEOC determines that an employee was discriminated against, it will attempt to resolve the issue through mediation or settlement. If this fails to resolve the problem, it will either litigate the case in court or dismiss it and allow the employee to file a suit in court. At this point, the employee will need to request a right to sue letter, which will give him or her 90 days to file a suit in court.

Filing a Claim with the OCRC

Even though Title VII only applies to larger companies, those who work for employers who have hired four or more individuals are also covered under state law, so in the event that someone is discriminated against at work, the aggrieved employee also has the option of filing a claim with the Ohio Civil Rights Commission (OCRC). If, after conducting an investigation, the agency discovers that probable cause exists to believe that an employer committed a discriminatory act, it will conduct a formal hearing. If the OCRC rules against the employee, he or she has the right to file an appeal in state court. Furthermore, unlike federal law, claimants do not have to file with the OCRC before filing a claim in state court.

Those who are successful stand to recover substantial damages, including:

  • Back pay
  • Lost benefits
  • Out-of-pocket losses
  • Reinstatement
  • Front pay
  • Court costs and attorney fees
  • Pain and suffering
  • Punitive damages

In fact, Ohio law actually offers protections that are not provided by federal law at all. For example, employers and coworkers are prohibited from aiding, compelling or coercing someone else into committing a discriminatory act. Failing to abide by this law can lead to civil charges. Other prohibited acts include:

  • Obstructing or preventing another person from complying with the state’s anti-discrimination laws
  • Attempting to commit a discriminatory act

Call Our Ohio Discrimination Lawyers Today

All employees and employment candidates in Ohio have the right to be treated fairly and with respect. If you feel as though your employer has discriminated against you, our Newark discrimination lawyers at Marshall Forman & Schlein LLC are here to help. Call us today at 614-762-9727 or contact us online to schedule a consultation with one of our skilled attorneys and learn more.