The Ohio Fair Employment Practices Law prohibits employers from discriminating against applicants and employees who are 40 years of age and older. The Law covers all public employers and private employers with four or more employees (OH Rev. Code Sec. 4112.01 et seq.). Under the state law, it is an unlawful employment practice to:
• Discriminate on the basis of age in hiring, discharge, or other terms and conditions of employment;
• Elicit or attempt to elicit age-related information from an applicant or employee unless age is a bona fide occupational qualification (BFOQ);
• Make or keep a record of the age of any applicant for employment unless age is a BFOQ;
• Use application forms that ask an job applicant's age (e.g., asking the date of high school graduation);
• Publish an advertisement for employment indicating any age preference, limitation, or specification;
• Announce or follow a policy that denies or limits employment on the basis of age;
• Use any employment agency, labor organization, or other employee-referring source known to discriminate against individuals because of their age;
• Retaliate against any person because that person has opposed an unlawful discriminatory practice, made a complaint, testified, or assisted in any investigation, proceeding, or hearing under the state fair employment law; or
• Attempt to commit an unlawful discriminatory act; or to aid, abet, compel, or coerce anyone to commit an unlawful discriminatory practice; or to obstruct or prevent compliance with the law or a commission order.
Consistent application of policies. The 6th Circuit Court of Appeals has ruled that an employer's inconsistent application of its performance requirements provided evidence of age ...