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Ohio Workplace Discrimination Laws: OCRA Protections

Workplace discrimination is illegal in Ohio under both state and federal law. The Ohio Civil Rights Act (OCRA) provides state-level protections that in some ways exceed federal law by covering employers with 4 or more employees (compared to federal Title VII’s 15+ employee requirement).

If you work for a small employer (4-14 employees), Ohio law may protect you even though federal law doesn’t. Understanding your rights under OCRA and how it compares to federal protections is critical if you’ve experienced workplace discrimination.

Ohio Civil Rights Act (OCRA): Your Primary State Protection

The Ohio Civil Rights Act (Ohio Revised Code Chapter 4112) is Ohio’s comprehensive anti-discrimination law.

Who Is Protected

Protected characteristics under OCRA:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy; courts have extended to sexual orientation and gender identity)
  • National origin
  • Ancestry
  • Age (40+)
  • Disability (physical and mental)
  • Military status

Which Employers Must Comply

Covered employers: 4 or more employees

This is a key advantage over federal law:

Law Employer Size Requirement
Ohio Civil Rights Act (OCRA) 4+ employees ✅
Federal Title VII 15+ employees
Federal ADA 15+ employees
Federal ADEA 20+ employees

What this means: If you work for an employer with 4-14 employees, you have state OCRA protection even though federal law doesn’t apply.

Example: You work for a 10-person accounting firm. Your boss fires you because of your race. Federal Title VII doesn’t apply (only 10 employees, requires 15+), but Ohio Civil Rights Act does apply (covers 4+ employees). You can file complaint with Ohio Civil Rights Commission.

Gap for very small employers: If your employer has fewer than 4 employees, you have no state OCRA protection. You’d need federal law if employer has 15+ employees.

What OCRA Prohibits

Illegal discrimination in:

  • Hiring: Refusing to hire based on protected characteristics
  • Firing: Terminating employees because of protected class
  • Promotions: Denying advancement opportunities
  • Compensation: Paying less based on protected characteristics
  • Benefits: Discriminating in benefits, insurance, retirement plans
  • Job assignments: Giving less desirable work based on protected class
  • Training: Denying professional development opportunities
  • Harassment: Creating hostile work environment based on protected characteristics

Protected Characteristics Under OCRA

Race and Color

Illegal conduct:

  • Hiring, firing, or promotion decisions based on race
  • Racial harassment or slurs
  • Segregating employees by race
  • Denying opportunities based on race
  • Treating employees differently because of skin color

Example: Your supervisor makes racist comments, assigns you the worst clients because of your race, and gives you poor performance reviews despite quality work. After you complain to HR, you’re fired. This is race discrimination and retaliation under OCRA.

Religion

Requires reasonable accommodation of sincerely held religious beliefs unless undue hardship:

Accommodation examples:

  • Time off for religious observances (Sabbath, holy days)
  • Prayer breaks during workday
  • Religious dress/grooming (hijab, turban, beard, cross)
  • Exemption from tasks conflicting with religious beliefs

Example: You’re Muslim and need 10-15 minutes twice during shift for prayer. Employer refuses, saying “no special treatment.” If accommodation wouldn’t cause undue hardship (brief prayer breaks typically don’t), this refusal violates OCRA.

Sex, Pregnancy, and Sexual Orientation

OCRA prohibits sex discrimination, which Ohio courts have interpreted to include:

  • Biological sex (male/female)
  • Pregnancy, childbirth, and related conditions
  • Sexual orientation (gay, lesbian, bisexual) – per Ohio court decisions
  • Gender identity and expression (transgender, non-binary) – evolving case law

Pregnancy accommodation: OCRA requires reasonable accommodation for pregnancy-related limitations

Example: You’re pregnant and request light duty (no heavy lifting over 20 pounds). Employer provides light duty for employees with back injuries but refuses for pregnancy, then fires you. This is pregnancy discrimination under OCRA.

Age (40+)

Protects workers 40 and older from age-based discrimination:

Illegal conduct:

  • Firing older workers to hire younger
  • Age-based comments (“too old,” “overqualified,” “dinosaur”)
  • Denying training or promotion due to proximity to retirement
  • Targeting older workers in layoffs
  • Forced retirement (with limited exceptions)

Example: Company lays off 15 employees, 13 of whom are over 50. Of 25 retained employees, 23 are under 40. Less qualified younger workers retained over more experienced older workers. This statistical disparity suggests age discrimination under OCRA.

Disability

Protects individuals with physical or mental disabilities and requires reasonable accommodation:

Covered disabilities:

  • Physical impairments substantially limiting major life activities
  • Mental impairments
  • Record of disability
  • Regarded as having disability

Reasonable accommodation: Modifications enabling qualified individuals with disabilities to perform essential job functions

Examples:

  • Modified work schedule
  • Telework arrangements
  • Accessible workspace
  • Assistive technology
  • Modified job duties (if doesn’t cause undue hardship)

Example: You have anxiety disorder and request to work from home 2 days/week as accommodation. Your job can be performed remotely. Employer denies without analyzing whether it would cause undue hardship. This likely violates OCRA’s reasonable accommodation requirement.

National Origin and Ancestry

Prohibits discrimination based on:

  • Country of origin
  • Ethnicity
  • Accent
  • Ancestry

“English-only” rules: Generally illegal unless business necessity

Example: Employer prohibits employees from speaking Spanish during lunch breaks, even when not interacting with customers. Unless employer shows compelling business necessity, this blanket policy violates OCRA.

Military Status

Protects military service members and veterans:

Illegal conduct:

  • Refusing to hire veterans
  • Discriminating based on military service
  • Denying reemployment rights after military leave

Works with federal USERRA: Federal law also protects military service members; OCRA provides additional state remedy.

How to Prove Discrimination Under OCRA

McDonnell Douglas Burden-Shifting Framework

Step 1: Prima facie case (you prove):

  1. You’re in protected class
  2. You were qualified for job/position
  3. You suffered adverse employment action (fired, demoted, not hired, etc.)
  4. Circumstances suggest discrimination (replaced by person outside protected class, similarly situated employees treated better, discriminatory comments, etc.)

Step 2: Employer provides legitimate, non-discriminatory reason:

  • “We fired her for poor performance”
  • “We eliminated position due to budget cuts”

Step 3: You prove reason is pretext (cover-up for discrimination):

  • Reason is factually false
  • Reason wasn’t real motivation
  • Evidence shows real reason was discriminatory

Types of Evidence

Direct evidence (rare but powerful):

  • Explicit discriminatory statements
  • Written policies showing discrimination
  • Admission of discriminatory motive

Circumstantial evidence (more common):

  • Comparative evidence: Similarly situated employees outside protected class treated better
  • Temporal proximity: Adverse action shortly after employer learns of protected characteristic or after complaint
  • Pretext: Employer’s stated reason is false or inconsistent
  • Statistical evidence: Pattern of discriminating against protected class
  • Discriminatory comments: Age-related, race-related, sex-related remarks showing bias

Example of strong case:

  • You’re 56-year-old employee
  • Manager makes age-related comments (“need younger energy,” “time to bring in fresh blood”)
  • You’re denied promotion; 29-year-old with less experience promoted
  • You complain to HR about age discrimination
  • One week later, fired for “performance issues” despite 12 years of excellent reviews
  • Younger employees with actually poor performance retained

This combines: direct evidence (age comments), comparative evidence (less qualified younger employee promoted), temporal proximity (fired week after complaint), pretext (excellent reviews contradict “performance” reason).

Damages Under OCRA

Back Pay and Front Pay

Back pay: Lost wages from discrimination to judgment (NO CAP)

Front pay: Future lost earnings if reinstatement not feasible (NO CAP)

Compensatory Damages (NO CAP)

Emotional distress, pain and suffering, mental anguish – NO STATUTORY CAP under OCRA

This is a major advantage over federal Title VII, which caps compensatory and punitive damages at $50,000-$300,000 depending on employer size.

Can recover for:

  • Emotional pain and suffering
  • Anxiety, depression, PTSD
  • Humiliation and embarrassment
  • Loss of enjoyment of life
  • Therapy and counseling costs
  • Reputational harm

Example: You prove race discrimination under OCRA at 25-employee company. Jury awards:

  • $85,000 back pay
  • $300,000 compensatory damages (emotional distress, therapy costs, reputational harm)
  • $450,000 punitive damages
  • Total: $835,000 + attorney’s fees

Under federal Title VII at this employer size (15-100 employees), compensatory + punitive would be capped at $50,000. Under OCRA, no cap—you receive full award.

Punitive Damages (NO CAP)

To punish egregious discrimination – NO STATUTORY CAP under OCRA

When awarded: Employer acted with malice or reckless indifference

Reinstatement and Attorney’s Fees

Reinstatement: Court can order employer to rehire you

Attorney’s fees: Prevailing plaintiffs recover reasonable attorney’s fees from employer

Filing Discrimination Complaint in Ohio

Step 1: File with Ohio Civil Rights Commission (OCRC)

For OCRA discrimination claims:

Columbus Office:

  • Phone: 614-466-2785
  • Address: 30 E. Broad Street, 5th Floor, Columbus, OH 43215

Cleveland Office:

  • Phone: 216-787-3150

Cincinnati Office:

  • Phone: 513-852-3344

File within: 180 days (6 months) of discriminatory act for OCRC

Note: OCRC deadline is shorter than EEOC’s 300 days. File with OCRC promptly to preserve state claim.

Online filing: Check crc.ohio.gov

Step 2: Dual Filing with EEOC (Optional)

Work-sharing agreement: OCRC and EEOC have work-sharing agreement

File with EEOC: 300-day deadline

Dual filing: Filing with OCRC or EEOC can automatically cross-file with other agency (check at filing)

Cleveland EEOC:

  • Phone: 1-800-669-4000 or 216-522-2001

Step 3: OCRC Investigation

Process:

  1. OCRC investigates complaint
  2. Contacts employer for response
  3. Reviews evidence
  4. Issues determination (probable cause or no probable cause)

Timeline: 6-18 months (can be longer)

Step 4: File Lawsuit

If OCRC doesn’t resolve:

  • File lawsuit in Ohio state court within 2 years of filing OCRC complaint
  • Do not need to wait for OCRC determination—can file suit after filing complaint

Alternatively: Request right-to-sue letter from OCRC and file suit

Strongly recommend: Hire employment attorney for lawsuit

OCRA vs. Federal Law Comparison

Coverage Comparison

Feature OCRA (Ohio) Title VII (Federal)
Employer size 4+ employees ✅ 15+ employees
Protected classes 9 categories 5 categories (Title VII)
Compensatory damages cap No cap ✅ $50k-$300k (capped)
Punitive damages cap No cap ✅ $50k-$300k (capped)
Filing deadline 180 days 300 days ✅

OCRA advantages:

  • ✅ Covers smaller employers (4+ vs. 15+)
  • ✅ No damage caps (vs. federal caps)
  • ✅ State court option (may be faster than federal court)

Federal advantages:

  • ✅ Longer filing deadline (300 days vs. 180)

Strategy: If you qualify under both, file under both to preserve all options. OCRA’s lack of damage caps makes it attractive for larger damage awards.

Common Discrimination Scenarios in Ohio

Scenario 1: Small Employer (OCRA Protects, Federal Doesn’t)

Situation: You work for an 8-person insurance agency. You’re disabled (use wheelchair). New manager fires you, stating “we need someone who can move around office more easily.” You’re replaced by non-disabled person.

Why this is illegal:

  • Disability discrimination under OCRA
  • Ohio Civil Rights Act applies (8 employees meets 4+ threshold)
  • Federal ADA doesn’t apply (only 8 employees, requires 15+), but state law does
  • Direct evidence of disability bias (explicit statement about wheelchair)

What to do:

  • File OCRC complaint within 180 days
  • Document disability-based statement
  • Show you could perform essential job functions with or without accommodation
  • File lawsuit in Ohio state court within 2 years

Scenario 2: Pregnancy Accommodation Denial

Situation: You’re pregnant with high-risk pregnancy. Doctor restricts you from lifting over 15 pounds. You request light duty accommodation. Employer provides light duty for employees with back injuries but refuses for pregnancy, then fires you.

Why this is illegal:

  • Pregnancy discrimination under OCRA
  • Employer must provide reasonable accommodation for pregnancy
  • Disparate treatment (provides light duty for back injuries but not pregnancy)

What to do:

  • File OCRC complaint within 180 days
  • Document pregnancy accommodation request and denial
  • Show employer provides similar accommodations for other temporary disabilities
  • Emphasize disparate treatment

Scenario 3: Age Discrimination in Layoff

Situation: Company conducts RIF. Of 20 laid off, 17 are over 50. Of 30 retained, 27 are under 40. Older laid-off employees had better performance reviews and more experience than younger retained employees.

Why this is illegal:

  • Age discrimination under OCRA (and federal ADEA if employer has 20+)
  • Statistical disparity (17 of 20 laid off are 50+)
  • Comparative evidence (older employees more qualified)

What to do:

  • File OCRC complaint within 180 days
  • Gather ages of all laid off vs. retained
  • Compare performance reviews, experience
  • Consider class action with other affected older workers
  • File both OCRC and EEOC charges

Scenario 4: Religious Accommodation Denied

Situation: You’re Seventh-Day Adventist and cannot work Saturdays (Sabbath). You request accommodation (schedule without Saturday shifts). Employer refuses without analyzing whether accommodation would cause undue hardship and fires you.

Why this is illegal:

  • Religious discrimination under OCRA
  • Employer must provide reasonable accommodation for sincerely held religious beliefs unless undue hardship
  • Employer didn’t engage in interactive process or analyze hardship

What to do:

  • File OCRC complaint within 180 days
  • Document religious accommodation request
  • Show your sincerely held religious belief
  • Demonstrate employer didn’t analyze whether accommodation would cause undue hardship
  • Emphasize employer refused without good-faith consideration

Retaliation Under OCRA

OCRA prohibits retaliation for opposing discrimination or participating in proceedings:

Protected activities:

  • Filing OCRC complaint
  • Testifying in OCRC investigation
  • Opposing discrimination (complaining to HR, confronting discriminator)
  • Supporting coworker’s discrimination complaint

Illegal retaliation:

  • Firing
  • Demotion or pay cut
  • Poor performance reviews
  • Hostile treatment
  • Any adverse employment action

Retaliation often easier to prove than underlying discrimination: Don’t need to prove discrimination was valid—just that you reasonably believed it was.

Example: You file OCRC charge alleging sex discrimination. OCRC finds no probable cause. However, you were fired 5 days after filing charge. You can still win retaliation claim even though underlying sex discrimination claim failed.

Filing Deadlines Summary

Action Deadline Critical Notes
File OCRC complaint 180 days From discriminatory act—SHORTER than federal
File EEOC charge 300 days From discriminatory act
File Ohio lawsuit 2 years From filing OCRC complaint (don’t need to wait for determination)

OCRC’s 180-day deadline is much shorter than EEOC’s 300 days—file promptly to preserve Ohio state claim.

Resources for Ohio Workers

State Agency

Ohio Civil Rights Commission (OCRC):

  • Columbus: 614-466-2785
  • Cleveland: 216-787-3150
  • Cincinnati: 513-852-3344
  • Website: crc.ohio.gov

Federal Agency

EEOC – Cleveland District Office:

  • Phone: 1-800-669-4000 or 216-522-2001
  • Website: eeoc.gov

Free Legal Assistance

Legal Aid Society of Columbus:

Legal Aid Society of Cleveland:

Ohio State Legal Services Association:

  • Phone: 614-241-2001
  • Referrals statewide

Related Topics

Get Help with Your Ohio Discrimination Claim

Think you’ve experienced workplace discrimination in Ohio? Get a free consultation from an employment law expert who understands Ohio Civil Rights Act protections.

Ohio’s OCRA provides important protections for workers at employers with 4+ employees (broader than federal law’s 15+ requirement) and allows unlimited compensatory and punitive damages (unlike federal caps). Understanding OCRC filing deadlines (180 days—shorter than federal) and your rights is critical to protecting yourself.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Ohio employment laws are subject to change. For advice specific to your situation, please consult with a licensed employment attorney in Ohio. Employment Law Aid is not a law firm and does not provide legal representation.