Age Discrimination in the Workplace in Ohio
Understanding workplace age discrimination in Ohio can be difficult. Here’s what to know about age discrimination in the Ohio workplace.
Workplace age discrimination in Ohio is illegal. Individuals should report workplace age discrimination to a federal or state administration agency. If the agency finds evidence of discrimination, they will investigate the case and then pursue legal action in court.
Ohio law makes it illegal for an employer to discriminate against their employees on the basis of sex, race, religion, or age. Victims of age discrimination are entitled to compensatory and punitive damages.
How to File a Workplace Age Discrimination Claim in Ohio
In Ohio, individuals can file workplace age discrimination claims with the state administrative agency (Ohio Civil Rights Commission (OCRC)) or the federal administration agency (the Equal Employment Opportunity Commission (EEOC)). Both agencies work together to process claims. Instead of filing claims with both agencies, individuals who wish to have their cases jointly looked at need only file a claim with one and indicate they would like their case “cross-filed.”
The main difference between the OCRC and the EEOC is the EEOC enforces federal law which covers only employers with 15 or more employees. If your workplace has less than 15 employees, it may be worth filing with the OCRC which enforces the Ohio anti-discrimination that covers some smaller employers outside the EEOC’s jurisdiction. Some cities and counties in Ohio also have agencies that process claims under local ordinances.
Filing an age discrimination case with the OCRC will prevent the wronged employee from pursuing an age discrimination case in court.
Statute of Limitations
If you file with the OCRC, you must do so within 180 days of when the supposed discrimination event occured. If you file with the EEOC, you must do so within 300 days of when the supposed discrimination event occurred.
What happens after an individual files a claim with the OCRC or EEOC?
After filing a claim in Ohio, the agency will provide the individual with a copy of the claim as well as a claim number. Within 10 days, the agency will also send the relevant employer a copy of the claim. After these steps, the agency will decide whether or not to investigate the charge depending on the statute of limitations, the employer’s response, and other circumstances.
If the agency decides to investigate the charge, they will begin a process called discovery where they collect evidence and interview witnesses. Once the investigation is finished, they will alert both the employee and their employer of their findings.
If the agency finds that discrimination occured, they will work with the employee to try and reach a voluntary settlement. If a voluntary settlement fails, the agency will refer the case to their legal staff who will decide whether the agency should file a lawsuit in court. If they decide not to file a suit, they will grant the employee the right to file the lawsuit in court themselves with an attorney.
If the agency finds that discrimination did not occur, they will grant the employee the right to file the lawsuit in court themselves with an attorney.
FAQs about Filing Workplace Age Discimination Suits in Ohio
How long will the EEOC or OCRC’s investigation take?
While there is no set amount of time an investigation will take, EEOC investigations typically take about 6 months.
Will filing with the EEOC or OCRC hurt my chances of winning in court if they rule that discrimination did not occur?
While filing will not hurt your chances directly, an agency ruling that discrimination did not occur may indicate the discrimination case may be difficult to win in court.