Ohio — Workplace Discrimination

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

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.

Tolling of the two-year statute of limitations while an OCRC charge is pending: Under Ohio Rev. Code § 4112.052(C)(2), the two-year statute of limitations for filing a civil lawsuit is tolled (paused) while the charge is pending before the OCRC. The statute spells out two scenarios:

• If a charge is filed 60 or more days before the two-year period expires, the limitations period is tolled for as long as the charge is pending.
• If a charge is filed less than 60 days before the expiration of the two-year period, tolling extends both while the charge is pending and for an additional 60 days after the charge is no longer pending before the Commission.

This tolling mechanism prevents employees' rights from expiring while the OCRC processes the charge. Practitioners should always calculate tolling periods carefully using the charge filing date and the status of OCRC proceedings—this statutory rule is strictly applied to claims brought under Chapter 4112.

Source: Ohio Rev. Code § 4112.051; Ohio Rev. Code § 4112.052

Remedies and damages for prevailing plaintiffs under Ohio’s workplace discrimination law (Ohio Rev. Code Chapter 4112) depend on whether the claim is resolved before the Ohio Civil Rights Commission (OCRC) or through a civil action in court. The statutes provide for distinctive remedies and also incorporate Ohio’s general tort damages caps for certain awards.

Administrative proceedings before the OCRC: The OCRC may, upon a finding of unlawful discrimination, order relief including hiring, reinstatement, back pay, and "such other legal or equitable relief as the commission considers appropriate," but it does not have statutory authority to award compensatory damages for emotional distress or punitive damages. The text of § 4112.05(G) lists available remedies as hiring, reinstatement, back pay, or other suitable relief and requires "reasonably calculated" outcomes to eradicate discriminatory practices.

Civil lawsuits (private actions in court): For civil suits under § 4112.052(A)(2), available remedies include:

• "Damages, including back pay, front pay, and any other equitable relief that the court determines is appropriate."
• "Compensatory damages" for tangible and intangible losses, including emotional distress (see § 4112.052(A)(2)).
• "Punitive damages" are available against non-governmental employers pursuant to § 4112.99, subject to caps (see below and § 4112.99(B)).
• "Reasonable attorney’s fees, the costs of the action, and interest," under § 4112.052(A)(3). Attorney’s fees can be reduced or denied if the plaintiff rejected a written offer of settlement and then recovered less favorable relief (§ 4112.052(A)(4)).

Statutory caps on damages: Non-economic damages (such as for emotional distress) are capped by Ohio Rev. Code § 2315.18(B)(2): the greater of $250,000 or three times the economic loss, up to $350,000 per plaintiff or $500,000 per occurrence.

Punitive damages are capped under § 2315.21(D): generally, two times the total compensatory damages. For a defendant with fewer than 100 employees, punitive damages are capped at the lesser of 10% of net worth or $350,000. Punitive damages are not available against the state or a political subdivision, by the explicit terms of § 4112.99(B).

Source: Ohio Rev. Code § 4112.05; Ohio Rev. Code § 4112.052; Ohio Rev. Code § 4112.99; Ohio Rev. Code § 2315.18; Ohio Rev. Code § 2315.21

Ohio Revised Code Chapter 4112 sets the state's rules for workplace discrimination claims and, following major statutory amendments effective April 15, 2021 (via House Bill 352), now expressly bars most claims against individual supervisors, managers, or employees acting within the scope of their employment.

No personal liability under Chapter 4112 for supervisors and managers: Under R.C. 4112.08(A), "no person has a cause of action or claim based on an unlawful discriminatory practice relating to employment under this chapter against a supervisor, manager, or other employee... unless that supervisor, manager, or other employee is the employer." This immunity reflects the legislative override of earlier Ohio Supreme Court precedent (Genaro v. Central Transport, 1999), which had permitted individual liability; that decision is now abrogated. The effective date for this immunity is April 15, 2021. See HB 352, 133rd General Assembly.

Limitations of the bar—employer definition and exceptions: Personal liability can still attach if the individual actually qualifies as the "employer" under the statute (such as owners in certain closely held entities), but rank-and-file employees, supervisors, and managers acting within the scope of employment are not individually liable for discrimination claims brought under Chapter 4112.

No individual liability for common law wrongful discharge or negligent supervision: Recent Ohio Supreme Court cases clarify that neither the tort of wrongful discharge in violation of public policy (Wiles v. Medina Auto Parts, 2005-Ohio-262) nor claims for negligent hiring, retention, or supervision can be maintained against individual supervisors or managers; these tort claims are available only against the employer entity.

Practical summary: After April 15, 2021, under Ohio law, only "employers" (as defined by the statute) face direct civil liability for employment discrimination or related torts; supervisors, managers, and other employees cannot be named individually in such actions, with the exception of direct employer status. Claims for wrongful discharge in violation of public policy and negligent supervision also run exclusively against employers, not individuals.

Source: Ohio Rev. Code § 4112.08; Genaro v. Central Transport, Inc., 1999-Ohio-353; Wiles v. Medina Auto Parts, 2005-Ohio-262

Ohio’s workplace discrimination law protects individuals from age-based employment discrimination only if they are at least 40 years old. The statutory definition in Ohio Revised Code § 4112.01(A)(14) sets the lower bound: for purposes of Chapter 4112, “age” means “at least forty years old.” This threshold applies to all of the age discrimination provisions in Ohio Revised Code §§ 4112.02 and 4112.14, which prohibit employers (with four or more employees) from discriminating against current employees or applicants "because of age."

Employees under 40 are not covered: If an individual has not yet reached age 40, they have no cause of action for age discrimination under Ohio law. Both § 4112.14(A)—which addresses hiring and discharge—and § 4112.02(A)—which generally bars age discrimination by employers—are applied with this threshold, based on the definition provided in § 4112.01(A)(14). As a result, state-level age discrimination claims cannot be brought by employees or applicants younger than 40.

Federal law mirrors this threshold: The Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 623, likewise prohibits discrimination against individuals aged 40 or over—but does not extend protection to those younger than 40. There is no broader age-based coverage at the federal level that would supplement Ohio law in this context.

Bottom line for employers and HR:

• Under Ohio law, the age-discrimination protections in Chapter 4112 apply only to individuals age 40 or older.
• Individuals under 40 do not have state-law recourse for age discrimination.
• Federal law matches this threshold; neither regime protects workers under 40 from age-based discrimination claims.

Source: Ohio Rev. Code § 4112.01(A)(14); Ohio Rev. Code § 4112.14; Ohio Rev. Code § 4112.02

Ohio law generally bans employment discrimination—including on religious grounds—but under Ohio Revised Code § 4112.02(O), there is a specific exemption for religious organizations hiring co-faith employees.

Statutory carve-out (ORC § 4112.02(O)) The law provides: “This section does not apply to a religious corporation, association, educational institution, or society with respect to the employment of an individual of a particular religion to perform work connected with the carrying on by that religious corporation, association, educational institution, or society of its activities.”

What this means, in practice:

• The exemption allows religious entities—defined as a corporation, association, educational institution, or society—to employ individuals of their own religion for roles tied to their organizational activities.
• The carve-out is limited to hiring and employment decisions on the basis of religion only. It does not authorize discrimination on any other basis (such as race, sex, age, or disability).
• The position must be “connected with the carrying on” of the organization’s religious activities. The statute itself does not spell out what kinds of jobs this covers, but roles like clergy, religious teachers, or positions integral to religious functions are clearly in scope. For secular/support roles (janitorial, maintenance, IT, etc.), the text is silent and there are no major Ohio cases interpreting the limit as of this writing.

Relationship to federal law: Ohio’s exemption is similar in shape, but not identical, to the federal ministerial exception recognized under the First Amendment for federal claims. However, the Ohio statutory carve-out is narrower, tied textually to religious hiring for organizational activities.

Bottom line:

• Eligible religious organizations may require co-faith status when hiring for religious functions in Ohio, under this clear statutory exemption.
• The law does not go further: it does not allow religious organizations to discriminate on non-religious grounds, nor for secular employers to claim the same leeway.

Source: Ohio Rev. Code § 4112.02(O)