Ohio Sex Discrimination laws & HR compliance analysis

Ohio Sex Discrimination: What you need to know

The Ohio Fair Employment Practice Law prohibits employment practices that discriminate on the basis of sex or pregnancy (OH Rev. Code Sec. 4112.01 et seq.). The law covers private employers with four or more employees and all public employers. Under the Law, it is an unlawful employment practice to:
• Discriminate on the basis of sex in hiring, discharge, or other terms and conditions of employment.
• Discriminate on the basis of sex in admission to or employment in any apprenticeship training program.
• Make or keep a record of the sex of any applicant for employment unless sex is a BFOQ.
• Use application forms to elicit information about an applicant's gender.
• Publish an advertisement for employment indicating any gender preference, limitation, or specification.
• Announce or follow a policy that denies or limits employment on the basis of sex.
• Use any employment agency, labor organization, or other employee-referring source known to discriminate against individuals because of their gender.
• 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.
• 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.
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Bona fide occupational qualification (BFOQ) exception. Differences in treatment are permissible where a BFOQ has been certified by the Civil Rights Commission of Ohio (OH Rev. Code Sec. 4112.02(E)). The exception covers preemployment inquiries, advertising, and application forms. ...

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