If you believe you have been the victim of age discrimination at your place of employment, or if you were denied employment because of your age, you may be able to file an age discrimination claim. For anyone living and working in Columbus, Ohio, age discrimination is prohibited under both federal and state law.
At Marshall Forman & Schlein LLC, we are committed to assisting employees in and around Columbus who have been subject to age-related discrimination on the job in their job applications. If you have questions about filing a claim, an experienced Ohio age discrimination attorney can help you.
Employees or job applicants in Columbus who are victims of age discrimination may have a claim under the federal Age Discrimination in Employment Act (ADEA). The ADEA prohibits discrimination in any condition of employment against employees or job applications who are aged 40 and older. To be clear, if you are under the age of 40 and believe you have been subject to age discrimination, you likely will not have a claim under the ADEA.
It is important to recognize that age discrimination can occur regardless of the age of the employer or other party engaging in the discrimination, as long as the victim is aged 40 or older. Some common types of age discrimination that the ADEA recognizes include the following:
Additionally, the ADEA makes it unlawful for a person to be harassed because of his or her age. Harassment can include many different kinds of behaviors, such as making offensive remarks about the person’s age or other comments or behavior that, according to the U.S. Equal Employment Opportunity Commission (EEOC), are “so frequent or severe that it creates a hostile or offensive work environment.” Harassment that results in an adverse employment decision, such as the employee being demoted or terminated, is also prohibited under the ADEA.
State laws are also in place to protect employees from unlawful age discrimination. Under the Ohio Revised Code 4112.02(A), discrimination against an employee or job applicant on the basis of age is prohibited. Similar to federal law, Ohio state law prohibits retaliation against an employee that results in demotion or termination and allows the employee to make an age discrimination claim through the Ohio Civil Rights Commission (OCRC).
There are different timetables for filing a federal claim and a state law claim, and these claims also must be filed in different places. If you file a federal age discrimination claim under the ADEA, you must follow the steps required by the EEOC. Differently, if you file under Ohio state law, you must follow the requirements of the OCRC.
The ADEA requires that a claim be made within 300 days. The Ohio Revised Code requires that claims under state law be filed with the OCRC within six months from the date of the age discrimination.
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