Skilled Guidance Through Employment Discrimination Matters

Discrimination at work is never tolerable, and often illegal. These matters should be addressed in a thorough, clear, and fair manner consistent with an employer’s legal obligations. And most importantly, employers should have policies and practices in place that avoids legal conflict and ensures a healthy and productive workplace. This is an area in which the attorneys at Cavitch Familo & Durkin have a deep background and understanding of the applicable legal and practical considerations. Figuring them out as an employer requires a careful legal hand.

At Cavitch, our employment attorneys are well-versed in these complex issues. We can help you navigate an accusation and ensure the matter is taken care of to avoid litigation. We’ve spent the last several decades helping employers and employees throughout Cleveland and Cuyahoga County, Ohio and nationally, and we’re here to help you, too.

What Constitutes Employment Discrimination?

In simplest terms, employment discrimination occurs when an employer treats an employee or applicant unfairly or unfavorably due to race, color, religion, sexual orientation, gender identity, disability, age or other prohibited bases. It can include not hiring someone, passing them over for a promotion or treating them differently at work because of a protected characteristic.

Examples of specific laws that deal with employment discrimination include:

• Title VII and ORC 4112: Further define unlawful discriminatory employment practices based on race, color, religion, sexual orientation, gender identity, or national origin, as well as outline the procedures for enforcement and defenses available to employers and causes of action available to employees.
• Americans with Disabilities Act: Prohibits employment (among other) discrimination against people with disabilities and establishes requirements for job accommodations to qualified employees and applicants with disabilities.
• Family and Medical Leave Act:  Provides eligible employees with unpaid but job-protected leave for specific family and medical reasons, such as births, familial care and medical issues.
• Pregnant Workers Fairness Act: Guarantees reasonable work accommodations for pregnant employees, pregnancy-related conditions, and employees who have recently experienced childbirth.

There are many different legal protections for employees that employers need to understand. An employment lawyer can give employers a better understanding of these protections and how to best account for them.

Administrative Agencies

In Ohio, employees must file a charge of discrimination with either the Ohio Civil Rights Commission (OCRC) or the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit against an employer. Both the OCRC and the EEOC work with employees to enforce discrimination laws in the workplace. They are in charge of investigating discrimination complaints throughout Ohio and the United States. They both mediate and settle these complaints and can also file discrimination suits against employers on behalf of employees.

The Employment Attorneys at Cavitch are well-versed in navigating OCRC and EEOC charges, handling administrative hearings and mediations, and filing position statements. Contact our office today at 216-621-7860 or use our online contact form.