Posted In: Employment Litigation, Labor & Employment & Litigation
Labor & Employment Blog: Amendments to Ohio Employment Discrimination Law
By David Sporar on June 15, 2021
Ohio’s anti-discrimination laws contained in Chapter 4112 of the Ohio Revised Code recently were amended. House Bill (HB) 352, the “Employment Law Uniformity Act,” took effect on April 15, 2021. There are no changes to what constitutes unlawful discrimination; however, many of the amendments are beneficial to employers, three of which are particularly noteworthy: (1) employees must now exhaust their administrative remedies before filing an employment discrimination lawsuit; (2) the limitation period for filing a civil lawsuit has been shortened; and (3) liability for individual supervisors, managers, or other employees has been limited.
1. Exhausting Administrative Remedies
Until the recent amendments, employees could immediately sue their employers under Ohio law for alleged discriminatory employment practices, while under federal law they first had to exhaust their administrative remedies by filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) and obtaining a right-to-sue letter from that administrative agency. See, e.g., Dworning v. Euclid, 119 Ohio St.3d 83, 2008-Ohio-3318, 892 N.E.2d 420. Now, employees must exhaust their administrative remedies under Ohio law, too. There are two main steps in that process, as follows.
First, an employee must file a charge of discrimination with the Ohio Civil Rights Commission (OCRC) within two years after the alleged unlawful discriminatory practice was committed. See R.C. 4112.052(B)(1)(a); 4112.052(B)(2)(b)(i); 4112.051(C)(2). The only exception to this requirement is if the contemplated lawsuit seeks only injunctive relief, in which case the lawsuit may be filed immediately. See R.C. 4112.052(B)(2)(a).
Second, one of the following conditions must be met after filing the charge with the OCRC for the employee to be allowed to proceed with a lawsuit:
R.C. 4112.052(B)(1)(b); 4112.052(B)(2)(b).
2. Shorter Limitation Period
The Ohio Supreme Court previously held that the limitation period for filing a lawsuit under Chapter 4112 was six years. See, e.g., Cosgrove v. Williamsburg of Cincinnati Mgt. Co., 70 Ohio St.3d 281, 638 N.E.2d 991 (1994). The amendments to Chapter 4112 reduce the limitation period to two years after the alleged unlawful discriminatory practice was committed. R.C. 4112.052(C)(1). The law accounts for the overlap with the limitation period for filing an administrative charge with the OCRC by tolling the lawsuit limitation period (i.e., pausing the clock on it) based on when the OCRC charge is filed:
a. If the employee files a charge with the OCRC less than 60 days before the two-year deadline for filing such a charge expires, “the time period to file a civil action is tolled for the period beginning on the date the charge was filed and ending on the date that is sixty days after the charge is no longer pending with the commission.” R.C. 4112.052(C)(2)(a).
b. If the employee files a charge with the OCRC 60 or more days before the two-year deadline for filing such a charge expires, “the time period to file a civil action is tolled for the period beginning on the date the charge was filed and ending on the date the charge is no longer pending with the commission.” R.C. 4112.052(C)(2)(b).
3. Limited Individual Liability
Traditionally, only “employers” could be liable for claims of “employment discrimination” based on the unlawful discriminatory actions of their employees. That remains the case under federal law. The Ohio Supreme Court, however, held in Genaro v. Central Transport that individual supervisors or managers could fit the definition of “employer” under Ohio law merely by virtue of their supervisory or managerial role and, therefore, could be individually liable for claims of employment discrimination as such. See Genaro v. Central Transport, Inc., 84 Ohio St.3d 293, 703 N.E.2d 782 (1999). The amendments to Chapter 4112 expressly overrule Genaro by providing that “no person has a cause of action or claim based on an unlawful discriminatory practice relating to employment described in division (A)(24)(a) of section 4112.01 of the Revised Code against a supervisor, manager, or other employee of an employer unless that supervisor, manager, or other employee is the employer.” (Emphasis added.) R.C. 4112.08(A). In other words, the Ohio legislature made it clear that supervisors, managers, or other employees cannot be individually liable for employment discrimination under the code sections that apply to only “employers” unless those persons literally are also the “employer.”
This amendment is more technical than practical because, unlike federal law, Ohio law still provides for separate, individual liability for any “person” who engages in retaliation, R.C. 4112.02(I), as well as for aiding, abetting, inciting, compelling, or coercing the doing of any unlawful discriminatory practice, obstructing or preventing any person from complying with Chapter 4112 or any order issued under it, or attempting directly or indirectly to commit any unlawful discriminatory practice, R.C. 4112.02(J). Individuals also remain liable for any other appropriate claims under the law, such as criminal statutes or intentional torts. See R.C. 4112.08(A).
These amendments to Ohio Revised Code Chapter 4112 should not affect an employer’s day-to-day activities, but they should simplify some aspects of the adversarial process in the event an employee pursues a claim of unlawful employment discrimination. Should that occur, the attorneys at Brouse McDowell are here and ready to help you navigate that process.
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