Employment Discrimination
Ohio and Federal Law, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, and the Americans with Disabilities Act, prohibit discrimination in employment based on a person's race, color, religion, sex, national origin, age, pregnancy or disability.
Some discrimination cases are very clear, while in other cases employers try to cover up the discriminatory reason for mistreatment by creating false or wrongful accusations of wrongdoing by the employee. Discrimination can take many forms, and can include harassment or mistreatment at the workplace, failure to hire or promote based on the person's protected or perceived protected status, or a company policy that while on it's face is not discriminatory, in practice the policy causes employees to be discriminated against because of their race, age, sex, national origin, color, religion or disability. It is also illegal for an employer to retaliate against an employee for complaining to a superior or HR about discrimination or otherwise engaging in protected activity such as filing a charge with the Equal Employment Opportunity Commission.
If you feel that you may have been discriminated against at the workplace, and would like to discuss your options with an Ohio Attorney, contact Kevin M. McDermott II.
I charge nothing for the opportunity to meet you and hear your story.
Call Kevin at (216) 367-9181 for a Free Consultation.
Types of Discrimination
Race and Color Discrimination
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a person’s race and/or color by public and private employers as to hiring, classifying, promoting, demoting, firing, pay, or employment conditions. Section 4112.01 et seq. of the Ohio Revised Code also prohibits discrimination based on an employee’s race or color.
Discrimination based on color, while related to race, is not synonymous with race discrimination. Color discrimination can occur between persons of the same or different races or ethnicities. The Ohio Equal Pay Act prohibits discrimination in pay based on a person’s race and/or color.
Sex Discrimination
The Equal Pay Act prohibits discrimination in pay and requires equal pay for equal work for both men and women. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a person’s sex.
Section 4112.01 et seq. of the Ohio Revised Code further prohibits sex discrimination. The Pregnancy Discrimination Act clarifies that sex discrimination includes discrimination on the bases of pregnancy, childbirth, or related medical conditions. Sexual Harassment is one form of sex discrimination.
Religious Discrimination
Title VII of the Civil Rights Act of 1964 also prohibits discrimination based on a person’s religion. In addition, employers must give employees a reasonable accommodation of their religion, although there are some exemptions to certain employers such as religious institutions. The First Amendment of the Constitution further guarantees religious freedom. The Ohio Equal Pay Act applies to religion.
National Origin, Ancestry and Genetic Information Discrimination
In addition to the protected classes above, Title VII prohibits discrimination based on an employee’s national origin. Ohio Law also prohibits national origin discrimination in Section 4112.01 et seq. of the Ohio Revised Code and the Ohio Equal Pay Act. Ohio Law, including Section 4112.01 et seq. of the Ohio Revised Code and Ohio Equal Pay Act, specifically prohibits discrimination based on a person’s ancestry. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employment discrimination on the basis of genetic information.
Age Discrimination
Age discrimination is illegal under Ohio Law as provide in Section 4112.01 et seq. of the Ohio Revised Code and the Ohio Equal Pay Act. In addition, the Age Discrimination in Employment Act (ADEA) prohibits discrimination on the basis of age. Ohio and Federal Law prohibit employment discrimination against employees 40 years of age or older.
Disability/Handicap Discrimination
The American with Disabilities Act (ADA) prohibits discrimination on the basis of an employee’s disability. Disability is defined as “physical or mental impairment that substantially limits one or more major life activities, including the functions of caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; a record of a physical or mental impairment; or being regarded as having a physical or mental impairment.” Section 4112.01 et seq. of the Ohio Revised Code further prohibits discrimination based on a person’s disability.
Attorney Kevin M. McDermott II represents employees that are victims of discrimination. Ohio and Federal laws protect employee’s rights not to suffer discrimination at work.
Attorney Kevin M. McDermott II can help victims of employment discrimination by filing a charge with the Equal Employment Opportunity Commission or the Ohio Civil Rights Commission, by filing suit in Ohio or Federal Court, or by negotiating with the employer to come to a fair and equitable resolution.
If you feel that you may have been discriminated against at the workplace, and would like to discuss your options with an Ohio Attorney, contact Kevin M. McDermott II. Mr. McDermott will personally assess your case and charges nothing for the opportunity to meet you and hear your story.
Call Kevin at (216) 367-9181 for a Free Consultation.
