Discrimination Attorneys in Dayton, Ohio

Discrimination in the workplace is a serious issue that affects many individuals. As a family-owned law firm with over 50 years of experience, Duwel Law is dedicated to helping clients understand the more complicated aspects of employment law in Ohio. We’ve seen a variety of cases and understand the importance of addressing discrimination effectively.

Employment discrimination occurs when an employee or job applicant is treated unfavorably because of specific characteristics protected by law. These characteristics include race, color, religion, sex, pregnancy, gender identity, sexual orientation, national origin, age (40 or older), disability, and genetic information. Our firm has extensive experience in handling these cases and is committed to seeking justice for those affected.

Protected Characteristics Under Ohio Law

Ohio employment law protects various characteristics against discrimination in the workplace. The Ohio Civil Rights Act prohibits discrimination based on race and color. This can include hiring, firing, promotions, job assignments, and other terms of employment. Employers must accommodate an employee’s sincerely held religious practices unless it causes undue hardship. Sex discrimination includes gender identity and sexual orientation, protecting employees from harassment or unfavorable treatment based on their sex. 

Discrimination due to a person’s birthplace, ancestry, culture, or linguistic characteristics is prohibited under national origin protections. Age discrimination laws protect employees 40 years and older from age-based discrimination. Employers are required to provide reasonable accommodations for employees with disabilities. Finally, genetic information discrimination includes information about an individual's genetic tests and the genetic tests of family members.

Common Types of Employment Discrimination

Understanding the various forms of discrimination can help identify when a discrimination attorney should be consulted. Harassment is a form of discrimination that includes unwelcome conduct based on protected characteristics. This can create a hostile or offensive work environment or result in an adverse employment decision, such as the victim being fired or demoted. Examples include racial slurs, offensive jokes, physical assaults, threats, intimidation, and ridicule.

Retaliation is another common form of discrimination. It’s illegal for employers to retaliate against an employee for filing a discrimination complaint, participating in a discrimination proceeding, or otherwise opposing discrimination. Retaliation can include adverse actions like demotion, discipline, firing, salary reduction, job or shift reassignment, or any other action that would discourage a reasonable person from engaging in protected activity.

Failure to accommodate disabilities or religious beliefs is also a significant issue. Employers must provide reasonable accommodations to employees with disabilities and those with sincerely held religious beliefs. This might include modifying work schedules, allowing time off for religious observances, or making physical adjustments to the workplace. Failure to provide these accommodations can constitute discrimination.

Unequal pay is another area where discrimination can occur. Under the Equal Pay Act, employers must pay men and women equally for performing substantially equal work in the same establishment. Pay disparities based on sex can be challenged under both federal and Ohio law.

The Role of the Ohio Civil Rights Commission

The Ohio Civil Rights Commission (OCRC) plays a crucial role in addressing employment discrimination. The OCRC is responsible for enforcing Ohio's anti-discrimination laws and investigating complaints. If you believe you’ve been discriminated against, filing a complaint with the OCRC is a necessary step before taking your case to court. The commission will investigate the complaint, and if they find probable cause, they may attempt to mediate a resolution between you and your employer. If mediation fails, they can bring the case to an administrative hearing or refer it to the Ohio Attorney General for further action.

Our family-owned law firm often works closely with clients during this process, providing guidance on how to file a complaint and what to expect during the investigation. A discrimination attorney can help you gather the necessary evidence and prepare for any hearings or negotiations.

Why Representation Matters

Having a knowledgeable employment law attorney can make a significant difference in the outcome of your case. Employment law can be hard to understand, and comprehending it without professional assistance can be challenging. An experienced attorney can help you understand your rights and the nuances of the law, making sure your case is presented effectively.

Representation isn't just about legal expertise; it’s also about having an advocate who can articulate your experience and fight for your rights. Whether negotiating a settlement or presenting your case in court, a discrimination attorney from our firm will be dedicated to achieving a fair resolution for you.

Our family-owned law firm prides itself on building strong relationships with our clients, understanding their unique situations, and providing personalized legal strategies. With over 50 years of experience, we bring a wealth of knowledge to each case, helping you make informed decisions and work toward a positive outcome.

Hypothetical Examples of Discrimination Cases

Imagine an employee at a manufacturing plant facing racial discrimination. Despite being highly qualified, they're consistently passed over for promotions in favor of less experienced employees of a different race. The employee documents these instances and reports the discrimination to HR, but no action is taken. With the help of a discrimination attorney, the employee files a complaint with the OCRC. The case eventually leads to a settlement that includes compensation for lost wages and a commitment from the employer to implement better anti-discrimination training.

In another scenario, consider a woman who is demoted after announcing her pregnancy. She is moved to a less favorable position, with reduced responsibilities and pay, under the guise of performance issues. She seeks the help of a discrimination attorney who assists her in filing a complaint. The attorney demonstrates that her performance had been exemplary prior to her pregnancy announcement and that the demotion is clearly discriminatory. The case might result in her being reinstated to her original position with back pay and benefits.

Another example involves an employee with a disability who requests reasonable accommodations to perform their job effectively. The employer fails to provide these accommodations, making it difficult for the employee to complete their tasks. After documenting the lack of accommodations and consulting a discrimination attorney, the employee files a complaint. The attorney helps to prove that the employer's actions are discriminatory, resulting in the employee receiving the necessary accommodations and compensation for any hardships faced.

In each of these hypothetical examples, the role of the discrimination attorney is crucial in gathering evidence, filing complaints, and representing the employees throughout the process. Without legal assistance, these individuals might not achieve the favorable outcomes they deserve.

If You’ve Experienced Discrimination at Work, Call Today

Employment discrimination undermines the principles of fairness and equality in the workplace. Understanding what constitutes valid cases of discrimination under Ohio law is essential for protecting your rights. If you face discrimination, taking the proper steps and consulting an attorney knowledgeable in business law can make a significant difference in achieving a positive outcome.

Our family-owned law firm is here to help you work through these challenges. With our extensive legal knowledge and experience, we strive to help you make informed decisions and work toward a fair resolution. Whether you’re an employer or an employee, we’re dedicated to fighting for justice and protecting your rights. Reach out to Duwel Law today. We're located in Dayton, Ohio, and have worked cases throughout Montgomery County, Miami County, Greene County, Darke County, and Warren County.