Last updated on August 3rd, 2023
Sex discrimination, also known as gender discrimination, means treating someone differently because of their gender. Although sex discrimination laws were originally designed to protect women, they are written on a gender-neutral basis, meaning that either gender should be able to take advantage of the protections they offer.
Sex discrimination law may come into play if, for example:
The foregoing list is far from exhaustive. Remember that a practice that impacts one gender more harshly than the other, despite appearing to be gender-neutral, might be considered unlawful gender discrimination.
Employees who work in Ohio can take advantage of gender discrimination laws at both the federal and state levels:
If your company has fewer than 4 employees, you cannot file a claim under either state or federal law. If your company has between 4 and 14 employees, you must file under Ohio state law. If your company has 15 or more employees you can file under federal law, under state law, or under both.
Under federal law, an employee who seeks to take action under Title VII must first file a claim with the local office of the federal Equal Employment Opportunity Commission (EEOC). The EEOC will investigate your claim and determine whether you may file a lawsuit in federal court under Title VII. If the EEOC decides not to take your case, it will send you a Notice of Right to Sue, which will give you the right to sue your employer in federal court.
The Ohio Fair Employment Practices Law is the state law that prohibits gender discrimination by Ohio employers. To file a claim under this law, you must submit your claim to the Ohio Civil Rights Commission (OCRC), Equal Opportunity Division (the state version of the federal EEOC).
When you seek to file a sex discrimination claim at both the state and federal level (assuming you are eligible to do so), you can file your initial claim with either the EEOC or the OCRC and indicate that you wish the agency to cross-file with its counterpart. Either agency will share your claim with the other, and they will cooperate in processing your claim.
If you win a claim for sex discrimination under either Ohio state or federal law, you could be entitled to the remedies listed below. Note that some of these remedies are alternatives to others and that statutory limitations apply to compensatory and punitive damages:
Most victims seek monetary damages rather than compelled reinstatement or other forms of injunctive relief.
New amendments to Ohio’s employment discrimination law went into effect in April 2021. Some of these amendments include:
The new Ohio amendments appear decidedly employer-friendly, which leaves many to wonder about the direction that employment discrimination law is going to take in the near future. Federal discrimination protections, by contrast, appear as robust as ever.
You have the right to work in a workplace free from discrimination, and if you’re not, it’s important to get in touch with an experienced discrimination attorney who can help argue your case for you. Get in touch with us today to see what we can do for you.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1.937.222.2222
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