KENTUCKY & OHIO · EMPLOYEE RIGHTS
Employment discrimination in Kentucky and Ohio
Treated differently at work for reasons unrelated to your performance? Tell us what happened. Thompson Legal represents employees and individuals. We never represent employers or government.
Start with what changed at work
Being singled out can leave you worried about your job and unsure what to do. Start with the decision or treatment that concerns you, then consider why it happened.
Hiring
Passed over for a job
Pay
Paid differently for your work
Promotion
Denied a chance to advance
Discipline
Held to a different standard
Termination
Dismissed for an unlawful reason
Could the treatment be connected to who you are?
These guides explain common discrimination concerns. Choose the situation closest to yours—you do not need to know the legal terms before asking for help.
Gender Discrimination & Sexual Harassment
Unequal treatment, sex discrimination, and sexual harassment.
National Origin Discrimination
Treatment connected with national origin or ancestry.
Age Discrimination
Age-related decisions affecting your work and opportunities.
Disability Discrimination
Disability discrimination and reasonable accommodations.
Race Discrimination
Unequal treatment because of race or color.
Religious Discrimination and Accommodations
Religious discrimination and workplace accommodations.
Pregnancy Discrimination
Pregnancy, childbirth, and related workplace concerns.
HOW THE LAWS FIT TOGETHER
Which employment discrimination laws may apply?
Next, look at which laws may protect you. Kentucky and Ohio generally allow employers to end a job without giving a reason. This is called at-will employment. It does not allow employers to fire someone for an illegal reason. Federal and state laws differ in which employers they cover and how to bring a claim. Open an overview below to learn more.
Title VII · Federal lawFederal protections, employer coverage, and the EEOC process.
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.”
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 344Kentucky protections, employer coverage, and filing a claim.
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 of discrimination with the Kentucky Commission on Human Rights before they file a lawsuit.
Ohio Civil Rights Act · ORC 4112Ohio protections, employer coverage, and the state charge process.
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.
How can you show what happened?
Evidence can show discrimination in two ways. It may directly reveal the reason for a decision, or it may help you piece together what happened.
Direct evidence: a clear link
A statement or action may directly show that an employer made a decision for an illegal reason. For example, a hiring manager tells an applicant, “We rejected you because of your religion.” This example connects the job decision to the reason.
Indirect evidence: clues that fit together
You may not have a clear admission. Emails, comments, timing, changing explanations, or better treatment of coworkers in similar jobs can help show why a decision was made. This is also called circumstantial evidence.
The context matters. A biased comment is not always direct proof of a job decision, but it may still help support your case. See the EEOC’s explanation of direct and indirect evidence.
How courts evaluate indirect evidence
One framework courts use is the McDonnell Douglas burden-shifting analysis. In cases where it applies, the employee first presents evidence supporting an initial inference of discrimination. The employer then gives a legitimate, nondiscriminatory reason for its decision, and the employee can show why that explanation masks discrimination. The framework does not apply to every case.
See the EEOC’s explanation of indirect evidence and legal standards.
Start with the information you already have
You do not need a complete file before contacting us. These three types of information are a useful starting point.
What happened
Write down dates, decisions, comments, and who was involved. Note how coworkers in similar situations were treated.
Supporting records
Keep records you are allowed to have, such as emails, photos, written warnings, requests for changes at work, and reports of harassment. Do not take private company records or trade secrets. Use our guide to documenting discrimination at work for a simple timeline worksheet and evidence checklist.
Witnesses
Note who saw or heard what happened and what they may remember. You do not need every document or a witness statement before contacting us.
Before you contact us
With your situation in mind, here are answers to a few practical questions about getting started.
Do I need every document before contacting you?
No. A brief description of what happened is enough to start. Keep records you lawfully possess and bring your questions.
Should I wait until my employer finishes an internal review?
Ask about deadlines promptly. An internal grievance generally does not extend the deadline for filing an EEOC charge. See the EEOC’s filing deadline guidance.
Is the consultation free?
We offer both free and paid consultations, depending on your situation. We explain any consultation fee before you decide to schedule.
How much does it cost to hire you?
Most cases we accept are handled on a contingency fee. That means our attorney’s fee is a percentage of the money recovered through a settlement or court award. Some cases may require hourly fees, depending on the facts and the work involved.
Before you hire us, we explain the fee arrangement and how case expenses are handled. A consultation fee is separate from the fee for handling your case.
LET’S TALK ABOUT YOUR SITUATION
Wronged by your employer? Let’s talk.
Tell us about your employment discrimination concern and how to reach you. We offer paid and unpaid consultations depending on the matter, and explain any fee before you schedule.
What happens after you contact us?
TWO OFFICES. SAME MISSION.
Here when you need a next step.