Partnership for the Good of Your Business

Discrimination and defense strategies in business

| Jan 11, 2021 | Business Law |

Discrimination claims in Ohio create a lot of tension between employers and their employees. The umbrella for discrimination is broad to protect as many people as possible, but that may also open the door for mistaken claims. 

Employees that feel discriminated against have options, while employers have their own resources in order to prove that a termination involved no sort of intolerance. 

The grounds for a discrimination claim

According to the Ohio Civil Rights Commission, discrimination may happen from many angles including the hiring process, discipline on the job, termination and more. In order to appeal for an investigation by the CRC, employees must answer three questions: 

  • Did the act take place within the last six months? 
  • Did the act relate to employment in Ohio? 
  • Did the act relate to their personal identity including race, religion or other identifiers? 

Once employees answer these three questions and gather enough direct or circumstantial evidence regarding the claim, they may have a presumption of discrimination. 

The defense against discrimination claims

Employers facing claims like this must prove that the actions considered by any discrimination claim happened outside of any illegal discrimination laws. As Workplace Fairness details, this may include providing the legitimate reason for any discipline or termination or by showing that any policy their company upholds is a job-related necessity. 

These claims may affect the lives of everyone involved from the loss of a business’s productivity to the work hours lost by a reprimanded employee. The claim is serious and it is up to clear investigation and communication to ensure that every party receives the fairest outcome. 

Archives

FindLaw Network