Protected classes under Ohio Revised Code Chapter 4112
Ohio prohibits employment discrimination based on race, color, religion, sex, military status, national origin, disability, age, or ancestry. Ohio Revised Code § 4112.02(A) makes it unlawful for employers to refuse to hire, discharge, or otherwise discriminate with respect to hire, tenure, terms, conditions, or privileges of employment because of any of these protected characteristics. The statute applies to employers with four or more employees within the state.
Source: Ohio Rev. Code § 4112.02
Administrative exhaustion — filing a charge with the Ohio Civil Rights Commission
Ohio requires employees to exhaust administrative remedies before filing a civil discrimination lawsuit under Ohio Revised Code Chapter 4112. As of April 15, 2021, an employee must first file a written, sworn charge with the Ohio Civil Rights Commission (OCRC) within two years of the alleged discriminatory practice. The charge triggers a preliminary investigation by the OCRC to determine whether probable cause exists.
Before filing suit, one of three conditions must be met: (1) the employee receives a notice of right to sue from the OCRC; (2) the employee requests a right-to-sue notice and the OCRC fails to issue it within 45 days after the 60-day waiting period; or (3) the OCRC finds probable cause and the employee elects to pursue the claim in court. An employee may request in writing that the OCRC cease its investigation and issue a right-to-sue notice, but no earlier than 60 days after filing the charge. The two-year statute of limitations for civil suits is tolled while the charge remains pending with the OCRC.
Source: Ohio Rev. Code § 4112.051; Ohio Rev. Code § 4112.052