Racial Discrimination in Ohio

Jurisdiction: 

Area of Law: 

In the state of Ohio, it is illegal under both federal and state law to engage in practices of racial discrimination.  This applies to any aspect of the working environment, including the hiring process that goes on before you are even an employee of the company.  In other words, if you feel you have evidence that you were denied a position because of your race, or that you were offered a lower salary due to your race, you can file a discrimination complaint on these bases.  The state statute even defines discrimination that occurs within a race, even though these are not cases of one race being preferred over another.  For example, if there are two African-American people applying for a position, and one of them gets the job because the employer liked that he had lighter skin and "more Caucasian-like features" than the other applicant, then this would be a clear case of discrimination even though both applicants are of the same race.

 

Ohio recognizes two general types of workplace discrimination: disparate treatment and disparate impact.  Disparate treatment is the most blatant form and involves direct discrimination in the areas of hiring and firing, wage setting, promotions, and any other situation where the employee suffers directly because of the actions of a manager or other employee.  Disparate impact, on the other hand, is more subtle.  Some employers may not be racist, and they may be doing their best to promote equality and fairness in the workplace through their policies, and yet because of a particular rule or policy, certain races may be inadvertently left out or discriminated against.

 

Many times, things can be worked out by simply pointing out the discrepancy and letting management handle the necessary changes.  If this fails to produce a satisfactory result, however, you may need to file a formal complaint.  Ohio provides opportunities both at the state and federal level for you to take your case to court and get the situation rectified.  At the federal level, the EEOC handles all kinds of cases involving racial discrimination and racial harassment in the workplace. The EEOC's job is to look into every complaint and make sure that every workplace is free of violations.  At the state level, the Ohio Department of Job and Family Services (ODJFS) can both help you with your complaint and refer you to the Bureau of Civil Rights for further action.

 

Though it is saddening that racial discrimination still takes place in this day and age, we are fortunate to have support at both the state and federal levels to do something about it.  Statutes of limitations can be as little as 180 days, however, so as soon as you feel you have been discriminated against, don't wait to file a complaint - make the problem known to the authorities as soon as possible so that direct action can be taken.