Employment and Workplace Discrimination Lawyers and Attorneys in Cleveland
2392 discrimination charges were brought to court in the state of Ohio in 2017. This accounted for 2.8% of charges brought in the United States according to the U.S. Equal Opportunity Commision. Unfortunately, employment and workplace discrimination is still very much a reality and should be addressed with the help of a Cleveland employment discrimination lawyer.
Employment or workplace discrimination can take place during any part of an employment experience. The Ohio Civil Rights Commission investigates many of these claims and defines these employment processes as the job advertisement, the hiring process, terms and conditions of work, harassment, discipline, layoff or recall, promotion or demotion, and termination.
If you believe you’ve been the target of employment or workplace discrimination in Cleveland, you need to act quickly to seek Justice. Ohio state laws give you only 6 months (some exceptions apply) to file a claim after a discrimination incident has allegedly taken place.
Discrimination in Ohio
The state of Ohio protects persons in workplace or employment discrimination situations in the current categories of race or color, origin, religion, sex, and gender (including childbirth/pregnancy), ancestry, military status, and age.
Companies with 15 or more employees must follow the Federal laws of employment discrimination. Furthermore, a company with 4-14 employees (not always covered by Federal Laws) must adhere to the Ohio state anti-discrimination laws including the Immigration Reform and Control Act and the Equal Pay Act.
A Cleveland Discrimination Attorney and Filing a Claim
There are a few different ways in which you can file a workplace employment discrimination claim in Cleveland. You can do this through the Ohio Civil Rights Commission and their guidance, or work with an attorney that specializes in workplace discrimination law in Cleveland.
Depending on the type of discrimination that you have experienced, it is important that you understand the process of filing discrimination claims and how they are handled. Some claims should not be filed with the Ohio Department of Administrative Services – Equal Opportunity Division if you are pursuing a specific lawsuit. For instance, an age discrimination lawsuit. Working with a Cleveland discrimination lawyer can help you sort through the legal process and avoid common mistakes.
What Must Be Proven in an Employment or Workplace Discrimination Case
If you want to file an unemployment workplace discrimination lawsuit, you will be tasked with proving the act of discrimination. This includes being able to prove that you are a part of a ‘protected class’ and that you were terminated because you associate with this class. You must also be able to prove that you are qualified or have the ability to perform the work required by the employer.
The employer will be tasked with proving that their actions were justified. An employer can fire you for legitimate reasons like poor work ethic or too many days missed at work. Your employer will also have to provide a reasonable explanation at why it was not possible to accommodate you in some way, namely in disability discrimination cases. An employer can also opt to claim that you are a safety risk to other employees at the business.
After the Claim
Before deciding to file a claim with Ohio Civil Rights Commission, you should contact a discrimination or employment attorney. If you decide to start a discrimination claim with the Ohio Civil Rights Commission, this is the process. We suggest using a Cleveland workplace discrimination attorney to help you with and through this process.
- After the claim is filed, a Civil Rights Field Investigator will be assigned to your case. This investigator will send claim information to both parties involved, being you and your (former) employer within a two week period.
- If both parties are interested in resolving the issue they can choose to work through the Ohio Civil Rights Commission and their mediation process. This process aims for a satisfactory result for both parties involved in the discrimination case. If mediation between the parties is successful, no additional legal action will be taken and the case will be closed.
- An investigation will take place, where the party that has been charged with discrimination will have a chance to respond to the details that were provided by the Civil Rights Field Investigator about the discrimination claim.
- When all investigations and inquiries are concluded, a recommendation will be issued and determined if there are violations of Ohio laws against discrimination.
- Upon conclusion of that recommendation, either party can appeal the findings of that investigation, move forward with additional litigation or settle the case in a variety of ways.
It is important that if you have been a target of workplace or employment discrimination that you fully understand your civil rights from a state and federal level. In order to do this successfully, hiring a Cleveland employment lawyer will give you confidence in the process as you pursue your discrimination case.