What legal steps should I take if an employee in Ohio is claiming workplace discrimination or harassment?
If an employee in Ohio is claiming workplace discrimination or harassment, there are several legal steps that can be taken to address the situation. Below are some actions that can be taken:
- Investigate the claim: The employer should investigate the claim of discrimination or harassment. This includes interviewing the employee who is making the claim, as well as any witnesses or individuals who may have relevant information. The employer should document the investigation, including the steps taken and the findings.
- Take corrective action: If the investigation reveals that discrimination or harassment has occurred, the employer should take immediate corrective action to remedy the situation. This may include disciplinary action against the perpetrator(s) of the discrimination or harassment, providing training for all employees on the company's anti-discrimination and anti-harassment policies, or making changes to workplace policies or procedures to prevent future incidents of discrimination or harassment.
- Notify appropriate parties: If the employee's claim of discrimination or harassment involves a protected characteristic (such as race, gender, or disability), the employer may be required to notify the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or the Ohio Civil Rights Commission (OCRC).
- Provide support to the employee: The employee who made the claim of discrimination or harassment may need support during this process. The employer should ensure that the employee has access to resources and support, including counseling or therapy if necessary.
- Document everything: The employer should keep detailed records of the investigation, the corrective action taken, and any communication with the employee who made the claim of discrimination or harassment. This documentation may be important if there are legal proceedings.
It is important to note that Ohio is an at-will employment state, meaning that employers can terminate employees at any time, with or without cause, unless the employee has an employment contract or is a member of a union. However, Ohio also has several state and federal laws that prohibit discrimination and harassment in the workplace. These laws protect employees from discrimination or harassment based on their race, color, religion, sex, national origin, disability, age, military status, or other protected status.
It is recommended that employers consult with an experienced employment law attorney to ensure that they are following all applicable laws and taking appropriate action to address claims of discrimination or harassment.