Senate Bill 268 has been introduced into the Ohio Senate. That Bill proposes to amend the Ohio’s Civil Rights Act, O.R.C. 4112, which prohibits Ohio employers from taking adverse employment action against employees because of their race, color, religion, sex, military status, national origin, disability, age, or ancestry of any person. The law also prohibits certain types of discrimination by employment agencies, labor organizations, landlords and others.
The Bill proposes to codify a judicially-recognized defense for employers, where the employer had a policy against discrimination and the employee failed to take advantage of internal complaint procedures to remedy the discrimination before filing a legal action. The defense is available if the employer has an adequate policy regarding non-discrimination and a reporting mechanism for employees to complain internally. Further, the employer must have taken appropriate action in response to an employee complaint.
Some of the Bill’s other significant aspects include reducing the statute of limitations for filing a lawsuit from six years to one year. However, the Bill would extend the period for filing a charge of discrimination with the Ohio Civil Rights Commission to 365 days of the occurrence of the discriminatory act. The Bill also eliminates individual liability for violating O.R.C Chapter 4112 for supervisors and managers in most situations. Additionally, the Bill would limit the amount of damages a worker can be awarded based on the number of employees that are employed by the employer. These limitations range from a $50,000 cap for employers with 4 to 100 employees up to a cap of $300,000 for employers with more than 500 employees.
Proponents of the Bill argue it will more closely align the state’s employment discrimination law with federal laws, including Title VII, the Age Discrimination in Employment Act and the Americans with Disabilities Act, while still affording workers protection. Opponents claim it is an attempt to prevent employers from being held accountable for harassment and intentional discrimination.
At this point, it is not clear how quickly or whether this Bill will proceed through committee. Obviously, there are important items that should be of interest to both public and private employers. If you have any further questions, please contact Marc Fishel at mfishel@fishelhass.com.