Ohio National Origin Discrimination laws & HR compliance analysis

Ohio National Origin Discrimination: What you need to know

The Ohio Civil Rights Act prohibits discrimination based on national origin by employers with four or more employees (OH Rev. Code Sec. 4112.01 et seq.). Under the Act, it is an unlawful employment practice to:
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• Discriminate on the basis of national origin in hiring, discharge, or other terms and conditions of employment.
• Elicit or attempt to elicit information about the national origin of an applicant for employment unless national origin is a bona fide occupational qualification (BFOQ).
• Make or keep a record of the national origin of any applicant for employment unless national origin is a BFOQ.
• Publish an advertisement for employment indicating any national origin preference, limitation, or specification.
• Announce or follow a policy that denies or limits employment based on national origin.
• Use any employment agency, labor organization, or other employee-referring source known to discriminate against individuals because of their national origin.
• Retaliate against any person because that person has made a complaint or assisted in the investigation of a complaint filed under the Act.
• 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.
Honest belief in nondiscriminatory reason. Under a federal district court ruling in Ohio, as long as an employer had an honest belief in its nondiscriminatory reason for an adverse employment action, an employee cannot establish that the reason was a pretext for intentional discrimination simply because the reason is ultimately shown to be inaccurate (Talwar v. Mercer County Joint Twp., No. 3:06cv3092 ...

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