Ohio's Employment Law Just Got A Huge Employer-Friendly Facelift

• Published date: 26 January 2021
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment
• Law Firm: Dickinson Wright PLLC
• Author: Ms Sara Jodka

Ohio Governor Mike DeWine has signed the employer-friendly Employment Law Uniformity Act (HB 352) (the Act) into law. The law, which will go into effect on April 12, 2021, will apply to all future discrimination claims filed on or after that date. It will align Ohio's discrimination law with the federal standards and other state discrimination laws across the country. The most meaningful aspects of the 36-page law are summarized below:

2-Year Statute of Limitations

Ohio has long had a six-year statute of limitations for employees to bring discrimination claims against their employers, which was the longest statute of limitations in the country. The Act reduces that statute of limitations to two years. By comparison, the federal discrimination law requires employees to bring discrimination claims within 180 days (300 days if a state or local agency enforces a law that prohibits employment discrimination the same basis) of the discriminatory act.

Exhaustion of Administrative Remedies

Employees will no longer be able to bring suit against their employers in court without first filing a Charge and exhausting administrative remedies before the Ohio Civil Rights Commission (OCRC). This is the process under federal law and in a number of other states, including Indiana, and requires an employee first obtain a "right to sue" letter from the OCRC before the employee can file suit in court. Notably, employees may seek injunctive relief in court prior to filing with the OCRC. This new process will allow the OCRC to consolidate charges of the same alleged violation, which should have the effect of relieving employers from defending the same claims in multiple venues.

No Manager/Supervisor Liability

Under Genaro v. Cent. Transp., Inc., 84 Ohio St.3d 293 (1999), managers/supervisors could be sued personally for their role in workplace discrimination/harassment. The Act removed that language. The actual result of this was less about managers/supervisors actually being held liable and more a plaintiff-side tactic to avoid federal jurisdiction to keep employment cases in state court where plaintiffs tend to fare better. This was based on the language in Ohio Revised Code 4112.01 that defined an "employer" to include "any person acting directly or indirectly in the interest of an employer." Notably, managers/supervisors who act outside the scope of their employment and discriminate against any employee may still be held personally liable...