Ohio’s New Employment Law Uniformity Act: Four Key Points for Employers.

Key Points:

• Ohio Employment Law Uniformity Act has altered Ohio employment discrimination law.
• Among other changes, it eliminates personal liability for managers/supervisors; requires exhaustion of administrative remedies; shortens the applicable statute of limitations; and establishes a single remedy for age discrimination.

The landscape of Ohio unlawful employment discrimination law was drastically altered in April of this year with the effective date of the Employment Law Uniformity Act (ELUA). Ohio Governor, Mike DeWine, had signed House Bill 352 earlier in the year, paving the way for massive changes in how claims for unlawful employment discrimination under Ohio law are handled by the courts. This new law’s four most notable changes are:

•    Elimination of personal liability for managers and supervisors;
•    Addition of a requirement to exhaust administrative remedies;
•    Shortening of the applicable statute of limitations; and
•    Establishment of a new single remedy for unlawful age discrimination.

Elimination of Personal Liability for Managers and Supervisors

For several decades, Ohio was unique in that it would allow supervisors and managers to incur personal liability in basic unlawful employment discrimination cases under Genaro v. Central Transport, 703 N.E.2d 782 (Ohio 1999). Under the new ELUA, managers and supervisors no longer face such liability, with a few exceptions, such as when a supervisor is also the employer or when the supervisor acts outside the scope of his/her employment. This brings Ohio in line with most other states and federal statutes on this issue.

Requirement to Exhaust Administrative Remedies

Much like in federal unlawful employment discrimination lawsuits, Ohio now requires that a plaintiff exhaust all administrative remedies before filing a lawsuit. This mirrors the federal requirement where a potential plaintiff must file a charge with the U.S. Equal Employment Opportunity Commission. Going forward, individuals in Ohio wishing to bring unlawful employment discrimination claims must first file a charge with the Ohio Civil Rights Commission. There are some exceptions to this new rule, such as where a person seeks only injunctive relief or has received a right to sue letter from the U.S. Equal Employment Opportunity Commission.

Statute of Limitations Shortened

The statute of limitations for unlawful employment discrimination lawsuits to be filed in court has now moved from six years to two years after the alleged unlawful employment discriminatory act occurred. It should be noted that the statute of limitations is tolled while the charge is being investigated by the Ohio Civil Rights Commission. It is also noteworthy that this new law increases the statute of limitations to file a charge of unlawful employment discrimination with the Ohio Civil Rights Commission from 180 days to two years.

Single Remedy for Unlawful Age Discrimination

The ELUA also provides a new single route for the pursuit of unlawful employment discrimination claims based upon age. In the past, one had to follow three separate and distinct statutory avenues for unlawful employment discrimination claims based upon age, which led to much confusion and convoluted litigation. Under this new law, unlawful employment discrimination claims based upon age are treated just as other protected class status claims and are subject to a two-year statute of limitations and the administrative exhaustion requirement.

Overall, the ELUA’s four significant changes to Ohio’s unlawful employment discrimination laws are very concise but they will have major ramifications for employers in the defense of such claims. A strong argument can be made that the ELUA greatly benefits employers in the defense of claims for unlawful employment discrimination.

*Keith is a shareholder in our Cleveland, Ohio, office. He can be reached at 216.912.3809 or kkhansbrough@mdwcg.com.

_{Defense Digest, Vol. 27, No. 5, December 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2021 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.}