Discrimination presents a stressful, intimidating, and overwhelming situation. Fortunately, federal and Ohio law prohibit workplace discrimination in in all aspects of your employment. We zealously advocate on behalf of individuals and groups of employees whose rights have been violated.
Your employer cannot discriminate against you in any aspect of employment, including, but not limited to hiring and firing, compensation, assignment, or classification of employees, transfer, promotion, layoff, or recall, job advertisements, recruitment, testing, use of company facilities, training and apprenticeship programs, fringe benefits, pay, retirement plans, disability leave, or other terms and conditions of your employment.
Discrimination occurs when you are treated differently or unlawfully based on a protected class, such as age, race, national origin, religion, sex (including gender and pregnancy), or disability. It is unlawful for your employer to treat you less favorably than other employees based on any of these protected characteristics. If you believe you have been discriminated against in any aspect of your employment within the following categories, contact us immediately to ensure your rights are properly protected. A non-exhaustive list of categories where discrimination most commonly occurs is summarized below. For a more in-depth review of certain issues, please click on the Employment Issues menu at the top or send us a confidential message utilizing the contact form.
Title VII of the Civil Rights Act of 1964, codified as 42 U.S.C. § 2000e-2, (Title VII) prohibits discrimination based on race, color, religion, sex (including gender and pregnancy), and national origin. Discrimination involves treating a person (applicant or employee) unfavorably because of his or her race, color, national origin, sex (including gender and pregnancy), or religion. Title VII (and Ohio law) makes it unlawful for employers and employment agencies to do the following:
The Americans with Disabilities Act (ADA), codified as 42 U.S.C. § 12112, prohibits a covered entity (e.g. employer, employment agency, labor organization, or joint labor management committee) from discriminating against employees with a disability in all aspects of your employment. The ADA applies if your employer has 15 or more employees. If your employer has 4 or more employees, Ohio law prohibits discrimination against employees with disabilities. The definition of a “disability” is intended to be all-encompassing. Generally, a person has a “disability” if he or she:
The Age Discrimination in Employment Act of 1967 (ADEA), codified as 29 U.S.C. § 623, protects employees who are at least 40 years of age from being treated less favorably than younger employees in all aspects of employment. Employers must have at least 20 or more employees to be subject to the ADEA. In Ohio, your employer must have 4 or more employees to be subject to Ohio's Civil Rights Act. Age discrimination presents a higher burden for employees because the employee must prove that age was the motivating factor for discrimination rather than a motivating factor in other cases like Title (race, color, national origin, sex, religion). However, it is still commonplace for "older" employees to be pushed out by their employers and discriminated against because of their age. This process can occur with the termination of a large number of "older" employees or gradually. If you believe you have been discriminated against or harassed because of your age, call one of the discrimination attorneys at Bryant Legal, LLC to assure your rights are protected.
In addition, the ADEA has an anti-retaliation provision( 29 U.S.C. § 623(d)), which prohibits employers from retaliating against employees for opposing unlawful age discrimination. Thus, if you believe you have been retaliated against because you opposed age discrimination by your employer, call one of the discrimination attorneys at Bryant Legal, LLC.
The Family and Medical Leave Act (FMLA), codified as 29 U.S.C. § 2601, et seq., is a federal law that requires covered employers to provide up to 12 weeks of unpaid leave to eligible employees for the following:
The Pregnancy Discrimination Act of 1978 (PDA), codified as 42 U.S.C. § 2000e(k), amended Title VII’s prohibition of sex discrimination in employment to include “pregnancy, childbirth, or related medical conditions.” Thus, there is recourse for those discriminated on the basis of sex as well as “pregnancy, childbirth, or related medical conditions.” The PDA amended Title VII to help alleviate some long-standing injustices associated with pregnancy, childbirth, and related medical conditions. Specifically, discrimination in any aspect of work on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful discrimination under Title VII. Title VII’s pregnancy-related protections include hiring, pregnancy and maternity leave, health insurance, and fringe benefits.
Despite the amendment, pregnancy discrimination is still a reality for many workers. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees who are similarly situated in their ability or inability to work. Under the PDA, pregnant employees must be permitted to work as long as they are able to perform their job functions. Employers may not force her to remain on leave until the baby’s birth nor have a policy that prohibits an employee from returning to work for a predetermined length of time after childbirth. In addition, employers must hold open a job for a pregnancy related absence the same length of time that jobs are held open for employees on sick or temporary disability leave. If an employer provides any benefits to workers on medical leave, the employer must provide the same benefits for those on medical leave for pregnancy related.
If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as ay other temporarily disabled employee. For example, it must provide light duty, modified tasks, alternative assignments, disability leave, or leave without pay. Additionally, impairments resulting form pregnancy (e.g. gestational diabetes and other conditions) may be disabilities under the Americans with Disabilities Act. If an impairment exists, an employer may be required to provide a reasonable accommodation for a disability related to pregnancy absent undue hardship (e.g. significant difficulty or expense).
One example facing nursing mothers is breastfeeding and lactation. In general, an employer with 50 or more employees must provide (to hourly employees only) a reasonable break time (unpaid) for nursing mothers (29 U.S.C. § 207(r)). This includes (a) a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth; and (b) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.
For more information about your legal issue, contact a Columbus or Toledo attorney at Bryant Legal, LLC.