Frequently Asked Questions
How long does an employee have to sue for discrimination in Ohio?
Generally, two years under Ohio law. Ohio Rev. Code 4112.052 provides that a civil action generally must be filed within two years after the alleged discriminatory practice, and the employee usually must first file a charge with the OCRC, which tolls the two-year period while it is pending. Federal claims follow separate deadlines, including 300 days to file an EEOC charge in Ohio and 90 days to sue after a notice of right to sue.
Can an employee sue a supervisor personally under Ohio law?
Generally not for discrimination claims. Ohio Rev. Code 4112.08(A) bars claims against individual supervisors, managers and coworkers for discrimination under Ohio Rev. Code 4112.02(A) through (F) unless that person is the employer. The bar does not expressly reach retaliation or aiding-and-abetting claims under 4112.02(I) and (J), however, and claims under other statutes or common law may still be brought against individuals.
What should be in an EEOC position statement?
An effective position statement presents the employer's legitimate explanation for the challenged decision and supports it with contemporaneous documents and relevant witness information. It should address material inconsistencies rather than overstate the evidence or offer explanations that cannot be substantiated. Because the charging party may obtain the statement and rely on it in subsequent proceedings, the response should be prepared with litigation in mind. Employers generally have 30 days to respond and should address any need for an extension promptly.
Does the EEOC's 2024 harassment guidance still apply?
No. A federal court vacated part of the guidance in May 2025, and the Commission rescinded it in full on January 22, 2026. Title VII, Ohio Chapter 4112 and Supreme Court harassment precedent remain in effect, however, so employers still need effective policies, reporting channels and prompt investigations.
Are damages capped in Ohio discrimination cases?
In part. Ohio Rev. Code 2315.18 and 2315.21 apply to employment actions under Ohio Rev. Code 4112.052 and 4112.14 and cap noneconomic and punitive damages, but those sections do not cap economic losses such as back pay. Federal Title VII and ADA claims carry their own caps on combined compensatory and punitive damages, based on employer size.
