What You Need to Know About Equal Pay Laws in Ohio
Ohio instituted the Equal Pay Act to protect against workplace discrimination. Here’s everything you need to know about equal pay laws in Ohio.
Legal Context Surrounding the Equal Pay Act in Ohio
The Equal Pay Act (EPA) is a federal law requiring employers to pay men and women the same salary for comparable work. Ohio’s Equal Pay Law (EPL) prohibits wage discrimination for substantially similar jobs.
The Ohio Equal Pay Law
Ohio’s Equal Pay Law (EPL) prohibits wage discrimination on the basis of race, color, religion, sex, age, national origin, or ancestry for work requiring similar skill, effort, and responsibility. If such pay inequity exists, an employer cannot reduce the wage rate of an employee to ensure comparable worth.
However, the EPL permits wage differentials based on:
- A seniority system
- A merit system
- A system computing salaries based on quantity or quality of production
- A system measuring earnings by any reasonable condition other than race, color, religion, sex, age, national origin, or ancestry
Eligibility for Filing a Charge of Discrimination
You qualify to file a charge of discrimination to the Ohio Civil Rights Commission (OCRC) if:
- You believe your employer discriminated against you on the basis of race, color, religion, sex, age, national origin, or ancestry
- The act of discrimination is related to employment occurring in Ohio
Even if you do not meet the above requirements, you may still file a charge of discrimination with the OCRC and it will determine whether or not to proceed with your case.
Related: Ohio Disabled Employee Rights
How to Report Pay Discrimination
If your employer violated the EPL, you can file a private lawsuit against your employer and/or the director of industrial relations. Here’s what you need to know about filing a charge of workplace discrimination under the EPL.
- You must file your lawsuit within one year after the date of the alleged violation.
- You reasonably believe your employer discriminated against you on the basis of race, color, religion, sex, age, national origin, or ancestry.
- The act of discrimination must relate to employment that occurred within Ohio.
- No employer can subsequently discriminate against an employee for filing a complaint or testifying in any discrimination proceeding.
- You can file a charge of discrimination with the OCRC via mail, an online form, or an in-person visit to an OCRC office.
In-Person Filing
You may visit an OCRC office and a staff member will assist you with drafting and filing an official Charge of Discrimination.
U.S. Mail Filing
You may fill out an employment charge affidavit and questionnaire with a notary present and send it to the OCRC office.
Related: Suing for Workplace Assault in Ohio
Online Form
You may fill out an online charge form with a notary present and send it to the OCRC office.
Charge Filing Process
If you file a discrimination charge, you will go through the charge filing process:
1. After one file a charge, the OCRC will assign an investigator to your case.
2. A letter will notify the claimant and respondent of the charge and the assigned investigator to the case.
3. If both parties agree to mediation:
The parties agree to settle and the case closes; or
The parties cannot settle and an investigator reviews evidence talks with witnesses and analyzes the respondent’s answer to the charge allegations.
- If the investigator finds probable cause of discrimination, the employee may recover 1) twice the difference between their received wage and a contemporary’s wage for equal work and 2) costs for attorney fees.
- The Commission does not find probable cause of discrimination and closes the case.
Penalty
Violating Ohio’s Equal Pay Law constitutes a minor misdemeanor. If an employer is found guilty of a minor misdemeanor, a law enforcement officer will issue a citation to the guilty party. The employer must sign a guilty plea and mail the citation to the court and pay the requisite fine.
Contact Us
If you or a loved one would like to learn more about Ohio Equal Pay Laws, get your free consultation with one of our Employment Attorneys in Ohio today!