KENTUCKY & OHIO · EMPLOYEE RIGHTS
Race discrimination
Held to different standards, denied opportunities, or subjected to racial harassment at work? Thompson Legal helps employees in Kentucky and Ohio understand their rights. We represent individuals. We never represent employers or government.
Start with how you are being treated
Race discrimination can affect everyday work as well as hiring or firing. Look at the decisions, comments, and differences in how workplace rules are applied.
Different standards
You face discipline, scrutiny, or expectations that coworkers of another race do not face in similar circumstances.
Lost opportunities
You are denied a job, promotion, pay increase, training, or assignment because of race or color.
Racial harassment
Slurs, degrading comments, threats, or other race-based conduct make the workplace hostile.
Your work deserves a fair assessment
Race and color discrimination can affect people of any race. Being an at-will employee does not remove your protection from unlawful discrimination.
You do not need a confession from your employer before asking for help. The surrounding facts may explain why you were treated differently.
CONNECTING YOUR EXPERIENCE TO THE LAW
Which protections may apply?
Federal, Kentucky, and Ohio laws may overlap, but their coverage and filing requirements differ. These sections explain the main paths without requiring you to decide which claim fits on your own.
Title VII · Federal protectionRace and color discrimination, harassment, and retaliation.
Title VII of the Civil Rights Act of 1964
Title VII prohibits employment discrimination because of race or color, including decisions about hiring, firing, promotion, demotion, pay, and assignments. It also prohibits unlawful harassment and retaliation for protected activity.
It generally covers employers with at least 15 employees for the required 20-week period. Independent contractors generally are not covered as employees. Public employers are also subject to protections, with different procedures for federal employees.
Liability ordinarily falls on the employer, not an individual supervisor. Employers can also be responsible for harassment by customers or other nonemployees when the legal requirements are met.
Most private-sector claims require an EEOC charge before a lawsuit. The agency process may provide an opportunity to resolve the dispute. Receipt of a right-to-sue notice generally starts a 90-day court-filing deadline. Ask about charge deadlines promptly.
Section 1981 · Contract rightsAn additional federal protection against intentional race discrimination.
Section 1981 of the Civil Rights Act of 1866
Section 1981 protects equal rights to make and enforce contracts without intentional race discrimination. In employment, it may apply to hiring, firing, compensation, promotion, and other terms of the relationship. It also protects against retaliation for asserting these rights.
Private employers do not have to meet Title VII’s 15-employee threshold, and a Section 1981 claim does not require a prior EEOC charge. Contract workers may also have rights under this law, depending on the relationship and facts.
A claimant must show that race was a “but-for” cause of the injury—meaning the injury would not have happened without race playing that role. See Comcast Corp. v. National Association of African American-Owned Media.
Government-employment cases need a different analysis. In the Sixth Circuit, Section 1981 rights against state or local government actors generally must be pursued through Section 1983 rather than a direct Section 1981 claim. Federal employment follows a separate framework. See Arendale v. City of Memphis.
Kentucky Civil Rights ActState protection against race and color discrimination.
Kentucky workplace protections
The Kentucky Civil Rights Act prohibits employment discrimination based on race and color. For these claims, the general employer threshold is eight employees in Kentucky during the required 20-week period.
A Kentucky civil-rights lawsuit generally does not require a prior Kentucky Commission on Human Rights charge. Choosing an agency or court route can affect your options. Ordinary discrimination claims generally run against the employer rather than individual supervisors; other claims require separate analysis.
Read KRS 344.030 and KRS 344.040.
Ohio Civil Rights ActState coverage and filing requirements.
Ohio workplace protections
Ohio law prohibits race and color discrimination. The employer definition generally covers employers with four or more employees in the state.
Ohio employment-discrimination lawsuits generally require an Ohio Civil Rights Commission charge and satisfaction of the statutory right-to-sue requirements first. Exceptions exist. See R.C. 4112.052.
Current Ohio law generally bars ordinary employment-discrimination claims against a supervisor or manager unless that person is the employer. Different claims may follow different rules. The older broad supervisor-liability rule should not be assumed to apply. See R.C. 4112.08.
How can you show race played a part?
There may be direct evidence, or the explanation may emerge from several facts considered together.
A direct statement
A decision-maker’s statement connecting a job decision to race can be important. Keep the exact words, who said them, when, and any witnesses.
A pattern of facts
Different discipline for similar conduct, shifting explanations, strong reviews followed by sudden criticism, or unequal opportunities may help show what happened.
What is the McDonnell Douglas framework?
Courts often use this framework to evaluate indirect evidence: the employee presents an initial case, the employer offers a lawful reason, and the employee may show that reason is a cover for discrimination, called “pretext.”
Comparing similarly situated employees can be useful, but it is not simply a search for someone “outside a protected class.” Every race is protected, and the appropriate comparison depends on the claim and facts. Different claims have different proof requirements.
REAL CASE · DIFFERENT DISCIPLINE FOR SIMILAR CONDUCT
An employee victory: Madden v. Chattanooga
In 2008, the Sixth Circuit affirmed a race-discrimination judgment for a Black employee fired after setting off firecrackers at work. Evidence showed white employees had engaged in similar conduct without comparable discipline.
The case illustrates why the way rules are applied can matter as much as the written rule. It is an educational example of public case law, not a Thompson Legal result or a prediction about your claim.
Questions about race discrimination at work
Practical answers to help you understand your next step.
Does race discrimination have to involve a racial slur?
No. Direct comments can be important, but unequal discipline, changing explanations, denied opportunities, and other facts can also help show discrimination. A slur is not required to bring a claim.
Can people of any race bring a claim?
Yes. Race-discrimination protections apply to people of every race. Discrimination can also occur between people of the same race, and color discrimination can involve different skin tones.
Can customer preferences justify treating me differently?
No. An employer cannot lawfully make race-based assignments or hiring decisions simply because a customer prefers a particular race. Employers may also be responsible for racial harassment by customers when the legal requirements are met.
When do racial jokes or comments become illegal harassment?
The law looks at the whole situation, including severity, frequency, threats, and the effect on working conditions. A hostile-work-environment claim generally requires harassment that is severe or pervasive. A very serious incident may matter even without a long pattern.
Do I have to quit before I can seek help?
No. You can ask about your rights while still employed. Quitting can affect your options, and constructive discharge has a demanding standard. Get advice before making that decision if possible.
Can my employer punish me for reporting race discrimination?
An employer cannot lawfully retaliate against you for protected opposition to discrimination or participation in an EEOC proceeding. Keep your report and any response. Later discipline or changes in hours should be assessed in context.
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 race discrimination or racial harassment 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.