Firm-Wide blog

Discrimination In the Workplace is All too Common

By Burg Simpson
June 25, 2018
3 min read

At least four out of every 10 women in the United States have said that they have endured some type of discrimination at work, according to a recent Pew Research Center study. The types of discrimination reported cover the spectrum: from a gender-based pay gap to getting passed over for a promotion or a job due to gender.

Unfortunately, a recent report from the Equal Employment Opportunity Commission (“EEOC”), the federal agency responsible for enforcing federal anti-discrimination laws, shows that discrimination in the workplace is all too common. In 2017 alone, the EEOC reports receiving more than 84,000 charges of workplace discrimination. In that same year, the EEOC resolved more than 99,000 complaints, resulting in $398 million in compensation.

Reports of workplace discrimination in Ohio and Kentucky were also high. In Ohio, the EEOC received nearly 2,400 discrimination complaints, while in Kentucky the EEOC received nearly 900 discrimination complaints.

If you have suffered discrimination at work, you need to speak with an employment attorney. You could have grounds for a discrimination claim and there are strict time limits on when you can bring a claim. Fill out our Free Case Evaluation form now.

Discrimination is Illegal Under Both State and Federal Law

Both federal and state laws forbid companies from discriminating against employees and applicants based on:

  • Race
  • Color
  • Religion
  • Sex
  • National origin
  • Disability
  • Age

Retaliation against someone who has filed a discrimination complaint is also prohibited at both the federal and state levels – including Ohio and Kentucky. In fact, in 2017, nearly 49 percent of the complaints received by the EEOC concerned retaliation.

Additionally, the federal government, Ohio, and Kentucky all have Equal Pay laws that hold employers liable for gender-based pay discrimination.

State and Federal Anti-Discrimination Enforcement Agencies

Each level of government has a specific agency dedicated to fighting discrimination. At the federal level, the EEOC enforces anti-discrimination laws. At the state level, in Ohio, the Ohio Civil Rights Commission enforces state anti-discrimination laws. In Kentucky, it is the Kentucky Commission on Human Rights.

If you are the victim of discrimination in the workplace, it is important to speak with an employment attorney that can navigate the complex interplay between these state and federal agencies and their impact on your ability to file a claim in Court. For example, in some instances, you must file a charge of discrimination with the applicable state or federal agency before a lawsuit can be brought.

There are also strict time limits within which to file a claim that differs depending on whether you are filing with the EEOC, a state agency, or the court. Under federal law, plaintiffs alleging any kind of discrimination other than age discrimination have 180 days to file a charge with the EEOC. That deadline, however, is typically extended to 300 days in states like Ohio and Kentucky, which have state agencies that enforce anti-discrimination laws.

Under Ohio law, while you only have six months to file a charge of discrimination with the Ohio Civil Rights, for most discrimination claims you have six years to file a complaint in court. In Kentucky, you have 180 days to file a charge with the Kentucky Commission on Human Rights or you may file a lawsuit with the appropriate court within five years.

Due to these varying deadlines and requirements, if you or a loved one are the victim of discrimination, it is important for you to speak with an employment attorney as soon as possible. Do not wait.  Contact Burg Simpson Ohio for help with your claim by calling 513-852-5600 or fill out our Free Case Evaluation form now.

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