Many people feel like they have been treated unfairly at work. However, Ohio is an employment at-will state and your employer can fire you at any time for any reason (to read about the exceptions to this rule see below) The opposite is true as well, if your employer is mean, is mistreating you, or you just simply do not want to work for them, you can quit at any time.
That said, there are state and Federal anti-discrimination and anti-retaliation statutes. To have a case for employment discrimination you need to have all four of the following:
- You must be a member of a protected class (pro tip: everyone is a member of at least two protected classes). The protected classes include:
Age. Only individuals over 40 are protected by anti-discrimination statutes. There are no protections for younger workers who believe they are victims of age discrimination.
Race. Anyone can be discriminated against because he/she is a certain race, or because he/she has personal characteristics associated with race, or even because they are married to/are associated with a person of a certain color.
Gender. Anyone can be discriminated against because of gender. Gender discrimination also includes any discrimination based on sex, such as pregnancy, gender identity, transgender status, or because of sexual orientation.
National Origin. Anyone who is from a particular country or part of the world, or appears to be of a certain ethnic background even if they are not, can face discrimination based on National Origin. Like race, anyone who is married to/are associated with a person of a certain National Origin can be discriminated against based on association.
Disability. Anyone who has a disability, which is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activity. Also protected are those who have a record of such impairment even if they are not currently impaired, or even just if their employer perceives them as impaired. Like Race and National Origin, anyone who is married to/are associated with a disabled person can be discriminated against based on association.
Religion. Anti-discrimination statutes protect anyone with a sincerely held religious belief, not just those who belong to a traditional organized religion. Like Race, National Origin, and Disability, anyone who is married to/are associated with someone with a sincerely held religious belief can be discriminated against based on association.
- You must be qualified for the job at issue.
This question asks whether you have the minimum qualifications for a job, not whether you can do a good job. You can look at the job description, and if you have the required certifications, degrees, or years of experience you are likely qualified. This can come up in cases when someone lies on their resume or job application about having certain credentials. Other jobs that impact public health and safety, such as air traffic controller and bus driver, can have certain health requirements that if you do not meet, can make you unqualified for the job.
- You were subjected to an adverse employment action, or experienced disparate treatment
Were you not hired, fired, demoted, your hours cut, your pay cut? If so, then you clearly experienced an adverse employment action. Adverse employment action can be anything that impairs your job performance or prospects for advancement or improvement. Minor actions, while they can be upsetting, do not rise to the level of adverse employment actions. Examples would include if someone is disrespectful to you, or acts unprofessionally. In a discrimination claim the adverse action must materially affect the terms and conditions of your employment. In a retaliation claim (discussed separately), an adverse action is anything that would have a chilling effect on the reporting or supporting a charge of discrimination.
Disparate treatment occurs when you are treated less favorably than others who are in a different protected class. Examples would include a salesperson who is given a smaller book of business or a smaller territory than someone outside of his or her protected class.
- You were replaced by someone outside of the protected class, or your termination allowed for the retention of someone outside the protected class.
This happens anytime that you are terminated and replaced by someone of a different age, race, gender, national origin, religion, or someone who is not disabled. The obvious example here is when a business terminates and older worker (over 40) and replaces them with someone who is 5 years or more younger. Another example is if you are passed over for a job or promotion and it is given to someone of a different age, race, gender, national origin, religion, or someone who is not disabled. Even if they do not hire anyone else but the remaining employee(s) in that position are of a different age, race, gender, national origin, religion, or not disabled.