The Hilltop Building
5035 Mayfield Road Suite 102
Lyndhurst, Ohio 44124
216.382.8100
justice@phillipsrzepkalaw.com

Employment

It is unlawful for an employer to discriminate based on race, color, religion, sex, national origin, disability, age, or ancestry of any person to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.

It is unlawful to discriminate in hiring, discharge or other terms or conditions of employment against persons age 40 or over. Federal and state anti-discrimination laws prohibit discrimination in employment based on age. It is illegal to indicate age preferences in notices and advertisements for employment; to force early retirement, and to retaliate against a worker who complains about age discrimination.

State law offers protection to persons who are disabled. Among other protections, persons who have disabilities may not be refused hire by an employer, or refused service by a restaurant, merely because they have a physical or mental impairment. These laws are intended to provide everyone equal rights or access to jobs, housing and services, whether they have a disabling condition or not. In order to be covered by this law, you must be: A. Someone who has a physical or mental impairment that substantially limits one or more major life activities. B. Someone who has a record of such a physical or mental impairment, C. Someone who is regarded as having such an impairment, even if you don’t. Not every medical injury or condition is an impairment as defined by law. Please contact The Ohio Civil Rights Commission's regional office in your area for further information. An employer is obligated to provide “reasonable accommodation” to applicants or employees who are disabled. A person is considered a qualified individual with a disability if they have a physical or mental impairment that substantially impairs a major life activity, and they meet the minimum qualifications for the job, and they are able to perform the essential functions of the position with or without reasonable accommodation.

Ohio’s Fair Employment Practices Act protects the employment status of pregnant women in the workplace. The law applies to private employers with four or more employees, all labor organizations, all employment agencies, and all state and local government agencies. Firing a woman solely for being pregnant is illegal. And once a woman returns to work after maternity leave, the employer must reinstate her the same way anyone else would be reinstated when returning from disability leave. There is no specific duration of time for maternity, however, Ohio Rules require that they leave time be “sufficient.”

Sexual harassment
is any unwanted attention of a sexual nature from someone in the workplace that creates discomfort and/or interferes with the job. It can take the form of verbal abuse, such as insults, suggestive comments and demands. Sexual harassment can also consist of leering and subtle forms of pressure for sexual activity, physical aggressiveness such as touching, pinching and patting, and can end up as attempted rape and rape. “Quid Pro Quo” is the term used to describe harassment when submission to or rejection or sexual demands becomes the basis for employment decisions directly affecting an employee. “Hostile Work Environment” is the term used to describe a work environment that is created when continued sexual harassment produces an intimidating and offensive work atmosphere, which negatively impacts an employee’s work performance. Victims face harassment from fellow employees, supervisors, co-workers, clients or customers. Sexual harassment can be committed by a woman against a man, or by members or one sex against others of the same gender. However, the majority of offenses are men against women.