Ohio House Bill 352 - Employment Laws

Modify civil rights laws relating to employment

SUMMARY:

  • Excludes, for purposes of being an employer under the Ohio Civil Rights Law, any person acting directly or indirectly in an employer’s interest and adding an agent of an employer.
  • Creates a separate procedure for charges filed with the Ohio Civil Rights Commission (OCRC) that allege an unlawful discriminatory practice relating to employment.
  • Requires, except in specified circumstances, claimants to obtain a notice of right to sue from the OCRC before filing a lawsuit that alleges an unlawful discriminatory practice relating to employment.
  • Shortens the time in which lawsuits related to employment discrimination can be brought under Ohio law to two years from six years generally.
  • Codifies the requirements that lawsuits related to employment discrimination brought under federal law be brought within two years.
  • Prescribes, for employers, an affirmative defense to vicarious liability resulting from alleged sexual harassment of an employee by the employee’s supervisor.
  • Reduces the number of age discrimination lawsuits available under the Ohio Civil Rights Law.
  • Specifically includes lawsuits related to employment discrimination to the definition of a “tort action” in the Trial Procedure Law (appears to be current law).
  • Specifies that the remedies for unlawful discriminatory practice in employment set in the Ohio Civil Rights Law are the sole remedies for an aggrieved person subject to the Law.

PRIMARY SPONSORS:

Representatives Cross & Lang

SECONDARY SPONSORS:

Representatives Baldrige, Becker, Brinkman, Carfagna, Hood, Lipps, Riedel, Romanchuk, Seitz, Stein, Wilkin

COMMITTEE:

House Civil Justice Committee

COMPANION BILL:

LINK TO BILL:

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA133-HB-352

LEGISLATION STATUS:

https://www.legislature.ohio.gov/legislation/legislation-status?id=GA133-HB-352

BILL STATUS:

House Activity

Introduced in the House on: October 1, 2019

Referred to Committee on: October 9, 2019

Committee Hearings on: 

October 16, 2019

November 19, 2019

December 12, 2019

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