"Key Changes to Ohio Employment Discrimination Law for Employers, Employees, and Plaintiffs"

Summary:

The Ohio Employment Law Uniformity Act (H.B. 352) has made significant changes to the state's employment discrimination statute, R.C. Chapter 4112. The law went into effect on April 15, 2021. Some key points for employers include:

1. An employee must first file a charge with the Ohio Civil Rights Commission (OCRC) before suing under Chapter 4112.
2. The period for an employee to sue under Chapter 4112 is generally two years, reduced from the previous six-year period.
3. Damages caps are placed on compensatory and punitive damages in "tort actions," which now include court claims under Chapter 4112.
4. Managers and supervisors may not be sued for damages under Chapter 4112 unless they are the employer or have acted outside the scope of employment.
5. The Faragher-Ellerth defense, which shields employers from liability for hostile work environment claims, is now codified in Chapter 4112.

Some key points for employees include:

1. The period for an employee to file a charge with the OCRC is two years.
2. The period for an employee to sue under Chapter 4112 is generally two years.
3. Age discrimination claims now have the same statute of limitations and administrative exhaustion requirement as other discrimination claims.
4. Employees can still bring age discrimination claims, but the options for remedies have been reduced and simplified.

Some key points for plaintiffs include:

1. The period for an employee to file a charge with the OCRC is two years.
2. The period for an employee to sue under Chapter 4112 is generally two years.
3. Damages caps are placed on compensatory and punitive damages in "tort actions," which now include court claims under Chapter 4112.
4. Managers and supervisors may not be sued for damages under Chapter 4112 unless they are the employer or have acted outside the scope of employment.
5. The Faragher-Ellerth defense, which shields employers from liability for hostile work environment claims, is now codified in Chapter 4112.
6. Age discrimination claims now have the same statute of limitations and administrative exhaustion requirement as other discrimination claims.
7. Employees can still bring age discrimination claims, but the options for remedies have been reduced and simplified.