On January 12, 2021, Ohio enacted House Bill 352, the Employment Law Uniformity Act (ELUA), to improve Ohio’s workplace discrimination laws. The ELUA makes significant changes to the Ohio Civil Rights Law regarding statute of limitations, administrative exhaustion of discrimination fees, personal liability for managers, codifying positive defense against claims to a hostile work environment, and resolving legal remedies against age discrimination . The ELUA will take effect in 90 days. Contact your Vorys attorney with any questions about the ELUA or any other harassment or discrimination issues in the workplace.
STATUTE OF RESTRICTIONS
The current statute of limitations for civil lawsuits in Ohio for workplace discrimination is six years. This restriction was created in 1994 by the Ohio Supreme Court at Cosgrove v Williamsburg by the Cincinnati Management Company. The ELUA shortens the current limitation period from six years for discrimination claims to two years. In addition to changing the statute of limitations for civil claims, the ELUA is extending the statute of limitations for filing a charge of discrimination with the Ohio Civil Rights Commission (OCRC) from 180 days to two years.
ADMINISTRATIVE EXHAUST
Currently, a person can file a charge of workplace discrimination with the OCRC and, at the same time, file a civil lawsuit for that discrimination. The ELUA reflects federal law in that a person is now required to administratively exhaust a claim before the OCRC before filing a complaint for discrimination in the workplace. Under the ELUA, a person cannot file a civil lawsuit unless a timely indictment is filed with the OCRC and either the OCRC has granted a right to bring a lawsuit, or more than 45 days have passed and a right to bring a lawsuit has not been granted. The statute of limitations for filing the civil lawsuit becomes chargeable while the OCRC investigates the indictment.
ELIMINATION OF THE LIABILITY OF THE INDIVIDUAL SUPERVISORY BOARD
In the 1999 Genaro v Central Transport case, the Ohio Supreme Court made individual managers and supervisors liable for workplace discrimination by including them in the definition of “employer” in Ohio Civil Rights Act. Again reflecting federal law by limiting the personal liability of a manager or supervisor, the ELUA explicitly states that the General Assembly intends to replace the Genaro decision. Thus, under the ELUA, no individual has any cause for action or suit under the Ohio Civil Rights Law based on unlawful discriminatory practices in relation to employment against any supervisor, manager or other employee unless that person is (1) the employer or (2)) The request includes retaliation for opposing a discriminatory practice, assisting a discriminatory practice, or preventing an individual from complying with the Ohio Civil Rights Law.
AFFIRMATIVE DEFENSE
The United States Supreme Court initially created an affirmative defense against allegations of sexual harassment through hostile labor in the Faragher / Ellerth cases. Defense provides employers with a positive defense against such claims when it can demonstrate that anti-harassment policies and complaint procedures are in place and the employee has not taken advantage of them. The ELUA codified this defense in Ohio law.
As a result, an employer may take a positive defense against an employee’s liability to an employee arising from an allegation of sexual harassment in a hostile work environment, where the hostile work environment was created by a supervisor, if the employer is overweight the Evidence demonstrates: (1) The employer has taken reasonable care to prevent or promptly correct sexually harassing behavior. and (2) the employee has inappropriately neglected to use the preventive or corrective measures provided by the employer or to avoid harm in any other way. The affirmative defense is not available if the harassment of the superior led to a specific employment measure against the employee. A “concrete employment measure” is a measure that leads to a significant change in employment status, e.g. B. Hiring, firing, non-funding, reassignment with significantly different responsibilities, or a decision that results in a significant change in benefits.
The ELUA stipulates that the General Assembly intends to “encourage employers to implement meaningful anti-discrimination guidelines and to promote a fair and tolerant work environment. The General Assembly also declares its intention that HR professionals should have the first opportunity to resolve HR complaints and correct harmful behavior in the workplace before such problems lead to costly litigation. With this in mind, Ohio employers should review their policies, procedures, and training to ensure they meet the requirements of affirmative defense.
AGE DISCRIMINATION
Unlike other protected classes, Ohio currently has several laws that provide relief to individuals making claims of age discrimination. The ELUA does away with this confusing patchwork and instead offers a single cause for action. At the same time, ELUA reserves the right of an individual to take remedial action under civil and administrative law. The new plea is subject to the two year statute of limitations and administrative exhaustion requirements discussed above.
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