Ohio Racial Discrimination: What you need to know

The Ohio Fair Employment Practice Law prohibits all public employers and private employers with four or more employees from discriminating against applicants or employees on the basis of race or color (OH Rev. Code Sec. 4112.01 et seq.). Under the law, it is unlawful employment practice to:
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• Discriminate on the basis of race or color in hiring, discharge, or other terms and conditions of employment.
• Publish an advertisement for employment indicating any race or color preference, limitation, or specification.
• Retaliate against any person because that person has made a complaint or assisted in the investigation of a complaint filed under the state law.
An employer must submit a written application to the Ohio Civil Rights Commission to obtain a BFOQ exception. The application must contain a list of the specific job classifications in question, a full statement of the facts giving rise to the application, a legal memorandum in support of the application, and supporting evidence, including affidavits and documentation that the employer believes justifies approval (OH Admin. Code Sec. 4112-3-15).
A U.S. District Court in Ohio has ruled that the Lilly Ledbetter Fair Pay Act of 2009 (Ledbetter Act) applied when an employee alleged that his employer had cut his pay because of his race, even though the discrimination had occurred more than 8 years before the employee filed his claim with the EEOC (Greenleaf v. DTG Operations, Inc., No. 2:90-CV-192 (S.D. Ohio 2011)). The Ledbetter Act amended Title VII of the Civil Rights Act of 1964 by allowing the deadline for filing pay discrimination claims to restart each time an employee receives a ...

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