We are passionate about fighting against employment discrimination and ensuring that all individuals have equal opportunities in the workplace. We represent employees who have been subjected to discrimination based on their race, gender, age, religion, disability, sexual orientation, or other protected characteristics.
Kentucky and Ohio, like most states, are “at-will” employment states. Meaning, employers can terminate you for almost any reason. Even if you are an “at-will ” employee your employer must follow certain Federal and State laws like Title VII of the Civil Rights Act of 1964 designed to protect employees from employment discrimination including:
Title VII of the Civil Rights Act of 1964 (“Title VII”)
Title VII prohibits employment discrimination based on:
- Race
- Color
- National origin
- Religion
- Sex (gender, pregnancy, sexual orientation, and gender identity)
“It shall be an unlawful employment practice for an employer. . .to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”
42 U.S. Code § 2000e–2
Most private employers that employ at least 15 employees (who work at least 20 weeks a year) and public employers must follow the requirements of Title VII. Unfortunately, Title VII’s protections do not apply to independent contractors.
Employers can be held accountable for discrimination, retaliation, and harassment under Title VII. However, courts will not typically hold managers, officers, supervisors personally liable under Title VII.
Title VII prevents employers from making adverse employment decisions because of an employee’s race, color, national origin, religion. Examples of adverse employment decisions are:
- Terminating an employee
- Forcing the employee to quit (known as Constructive Discharge)
- Demoting an employee
- Failing to promote an employee
- Refusing to hire an employee
To make a claim under Title VII, the process begins with an Equal Employment Opportunity Commission “EEOC” charge. During the EEOC process, there is an opportunity to resolve and settle the claims. If a resolution cannot be reached, the EEOC process ends with a right-to-sue letter. After the employee receives the right to sue letter, they have 90 days to file a lawsuit in federal court. It is very important to speak with an experienced employment lawyer before you file an EEOC charge of discrimination. There are pros and cons to filing and EEOC charge.
Kentucky Civil Rights Act: KRS § 344
The Kentucky Civil Rights Act (KCRA) prohibits employment discrimination based on:
- Race.
- Disability
- Color.
- Religion.
- National origin.
- Sex.
- Age (over 40).
- Status as a smoker or non-smoker, if the employee complies with workplace smoking policies.
- Pregnancy, childbirth, and related medical conditions, including lactation or the need to express breast milk for a nursing child.
The KCRA applies to employers employing at least 8 (15 for disability and pregnancy) employees that work at least 20 weeks a year. Generally, individual supervisors cannot be held personally liable in their individual capacities for violations of the KCRA. (Conner v. Patton, 133 S.W.3d 491, 493 (Ky. Ct. App. 2004).
Unlike Title VII, employees are not required to file a charge a charge of discrimination with the Kentucky Commission on Human Rights before they file a lawsuit.
Ohio Civil Rights Act: O.R.C § 4112
Ohio law prohibits employment discrimination based on:
- Race
- Color.
- Religion.
- Sex (including pregnancy).
- Military status.
- National origin.
- Disability.
- Age (employees age 40 and over)
- Ancestry
The Ohio Civil Rights Act (OCRA) covers any Ohio employer with four or more employees within the state (R.C. 4112.01(A)(2)).
Employees are required to file a charge with the Ohio Civil Rights Commission before they file a lawsuit. You should discuss the pros and cons of filing a charge with the Ohio Civil Rights Commission with an experienced employment attorney before you file the charge.
Proving Employment Discrimination:
Most of the time, there is no “smoking gun” evidence of employment discrimination. Courts in Kentucky and Ohio allow for circumstantial evidence of discrimination. Courts use the McDonnell Douglas Corp v. Green “burden-shifting analyze” to determine if an employer discriminated against an employee. The Burden Shifting Analysis looks at other employees (not in a protected class) to see if they were treated better than the discriminated against the employee.
Emails, memos, witness testimonies, and photographs can all serve as valuable evidence to support your claims. You should keep copies of all correspondences, reprimands, requests for accommodations, reports of harassment, ect. However, be careful not to copy any document that may have confidential information or trade secrets.
If you were wronged by your
employer, act now.
Contact Us For A Free Consultation
At Thompson Legal LLC, we are dedicated to fighting against employment discrimination and advocating for the rights of workers. Whether you’ve experienced discrimination in hiring, promotion, pay, or a hostile work environment, we are here to help you seek justice and hold employers accountable for their unlawful practices.
If you believe you have been the victim of employment discrimination, don’t wait to take action. Call or text us today at 502-366-2121 for a free consultation if you have any Kentucky or Ohio employee issues.