Ohio revises its employment discrimination laws

The Ohio General Assembly recently overhauled its employment discrimination laws and adopted several employer-friendly provisions. Governor Mike DeWine signed the Employment Law Uniformity Act (also known as House Bill 352) on January 12, 2021, and it will become effective on April 15. The Ohio Chamber of Commerce lobbied successfully to include several provisions, some of which respond to Ohio Supreme Court decisions that had expanded the reach of the state’s employment discrimination laws.

Major changes

Limitation on supervisor liability. Under Ohio’s prior employment discrimination laws, the Ohio Supreme Court allowed substantial liability to be imposed on managers and supervisors. The Act largely eliminates individual liability for managers and supervisors, except where they either act outside the scope of their employment or retaliate or discriminate against the employee.

Limitation on damages. The Act redefines tort (wrongful act) claims to include employment discrimination claims brought under Sections 4112.052 and 4112.14 of the Ohio Revised Code. The effect will be to make such claims subject to both the statutory limitations on compensatory damages for noneconomic loss and the statutory procedures and limitations applicable to claims for punitive damages.