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Ohio law offers substantial legal protections for employees fired after taking medical leave. With the legal counsel of an employment lawyer in Columbus, OH, you do not have to accept unlawful termination without recourse. Your rights depend on the nature of your medical leave, how your employer responded, and whether your dismissal violated any protected legal standards. more From an Employment Lawyer in Columbus, OH: Your Rights After Taking Medical Leave Your Federally Protected Rights Under the federal Family and Medical Leave Act (FMLA), individuals are permitted to take up to 12 weeks of unpaid, job-protected leave for a serious health condition. This applies to companies that have at least 50 employees. To receive these benefits, you need to have worked there for at least 12 months and 1,250 hours in the past year. If you meet these conditions, your employer cannot legally fire you for using your leave. If they do, you can bring a legal claim for reinstatement, back pay, and possibly other damages. If your employer fires you during or shortly after leave, they must prove that the decision was unrelated to your protected leave. How Ohio Law Strengthens Protections In Ohio, you also have rights under state laws that prohibit disability discrimination. If your medical leave was related to a disability or a serious health condition, the Ohio Civil Rights Act may apply. Ohio employers with four or more employees cannot terminate you for reasons related to your medical status if you are otherwise qualified to perform your job. Even if you do not qualify under the FMLA, you might still have protection if your condition meets the definition of a disability under state law. What to Do if You Suspect Retaliation If your employer retaliated against you for taking leave, you need to gather documentation showing your timeline of medical leave, any communication with your supervisor or human resources department, and details of your termination. In Ohio, you must file a discrimination claim with the Ohio Civil Rights Commission within six months of the event. You can also file a complaint under the FMLA with the U.S. Department of Labor within two years of the violation. You should act quickly to protect your right to seek legal remedies. If your employer fired you after taking medical leave, you may be protected by both federal and Ohio employment laws. You have the right to challenge unlawful termination, especially if you met FMLA criteria or if your condition qualifies as a disability under Ohio law. Our team of qualified legal professionals will help you evaluate your legal position, enforce your rights, and pursue compensation where your employer violated the law. You should act quickly to preserve your claims and hold your employer accountable under Ohio statutes and federal protections. Schedule a consultation with us today at Nilges Draher Law in North Canton, Cleveland, and Columbus, OH, to take legal action against an unfair termination.

Retaliation occurs when an employer attempts to "get back" at an employee for exercising a right. If an employee engages in a protected activity, such as reporting a workplace safety violation, it is illegal for an employer to retaliate against them in any way. A workplace attorney in Columbus, OH can help you prove workplace retaliation. more How Do I Document Retaliation After Reporting an Incident? Identify the Retaliatory Behaviors If you suspect that you're being retaliated against, talk to your attorney to identify the specific behaviors you're concerned about. Occasionally, retaliation is blatant and obvious, such as if you participate in an investigation of your employer for workplace harassment and are immediately fired. But most of the time, retaliatory behaviors are more subtle. Employers are smart enough to know that they can't do all of this out in the open.Keep an eye out for sudden changes in your working situation. If you are suddenly getting negative comments from your supervisors when your record has been spotless before this, this could be your employer trying to set up a situation where they can justify firing you. If you are suddenly being disciplined for behaviors that you engaged in previously and were never an issue, or if disciplinary actions are being taken against you and not against others for the same behaviors, this is probably retaliation. Keep Records in Detail Once you have identified there are retaliatory behaviors, or very likely are, start writing down in detail every time something happens. Be as detailed as you possibly can: include the date, time, where it happened, all the individuals who were involved, everyone who saw it, and then a detailed description of exactly what happened. Be as objective as you can and stick to the facts. Be sure to keep this document somewhere other than at work or on your work computer. Collect Evidence In addition to keeping a written record, collect any evidence you have to back up that written record. This might include emails, performance reviews, disciplinary write-ups, and any other relevant documentation. If there are any witnesses, ask them if they would be willing to give a statement. Assure them that you do not want them to give an opinion but just to state the facts regarding what they saw. Deal with HR and Management Once you have collected your evidence, you'll usually need to present this to someone higher up or to human resources and give them the opportunity to make it right. You never know: it could be that an individual, lower-level manager has decided to retaliate for personal reasons without the company's knowledge or approval. Next Steps With Your Columbus, OH Workplace Attorney If you cannot resolve the matter quickly with HR, or if HR or upper management are already complicit in the retaliation, your lawyer can help you report the retaliation properly. You may also consider bringing a lawsuit, depending on the circumstances, and your lawyer can tell you more about your specific situation.If you're being retaliated against, get help now from Nilges Draher, LLC in Columbus or Cleveland, OH.

If you believe you were terminated under unfair or illegal pretenses, you may have the right to pursue legal action. With the legal counsel of a wrongful termination attorney in Columbus, OH, you can determine if your employer violated a specific law or public policy that may entitle you to significant compensation. more Identifying Discriminatory Action With a Wrongful Termination Attorney in Columbus, OH Under Ohio and federal law, your employer cannot fire you based on race, color, religion, sex, national origin, disability, age, or military status. If you are terminated because of any of these protected characteristics, you may have a claim for wrongful termination. You do not need to prove that your employer openly admitted to bias. Instead, you can show evidence such as suspicious timing, unequal treatment compared to other employees, or comments that suggest prejudice. Retaliation is another basis for a wrongful termination claim. If you report workplace harassment, file a discrimination complaint, or participate in a legal investigation, your employer cannot legally fire you as a result. Whistleblowers who report violations of law or safety regulations may also be protected under both state and federal statutes. We help you identify whether your termination followed protected activity and whether the employer's stated reason was a pretext. Violations of Employment Agreements and Policies In the state of Ohio, employers have the right to terminate employees “at-will”, provided their reasons do not stand in violation of state or federal laws. That being said, even in situations where your employer appealed to this “at-will” policy, you may still be entitled to legal protections. Some employers also create enforceable promises through company handbooks, written policies, or verbal assurances. If your employer established a disciplinary procedure and failed to follow it, that may support a wrongful termination claim. Another important factor is how performance evaluations and disciplinary records are handled. If your prior reviews were positive or lacked any documented concerns, your employer may have difficulty justifying termination for performance reasons. We closely examine your employment history, internal communications, and personnel file to identify inconsistencies in your correspondence. Termination That Violates Public Policy Ohio courts also recognize wrongful termination claims based on violations of public policy. If you were fired for refusing to commit an illegal act, reporting unlawful conduct, or exercising a legal right, such as taking family medical leave or filing for workers' compensation, you may have grounds for a lawsuit. These cases do not always require a written contract or explicit law, but must involve a clear threat to public health and safety. Wrongful termination in Ohio includes firings based on illegal discrimination, retaliation, contract violations, or breaches of public policy. Our job is to review the facts of your case; a task we take seriously to determine whether your employer broke the law when ending your employment. Schedule a consultation with us today at Nilges Draher Law in Columbus, OH, to pursue the necessary legal action to hold your employer accountable.

If you have been discriminated against, you may be able to take further action, as there are anti-discrimination laws in Columbus, OH. If you think this may have occurred, consult a discrimination lawyer as soon as possible to obtain personalized advice. more Can I Take Legal Action If I Am Denied a Promotion Due to Discrimination? Is Unfair Treatment in the Workplace Legal in Columbus, OH? Employers are allowed to treat workers unfairly provided they do not discriminate against any protected characteristic. This means if your employer shows bias toward a peer, or a personality conflict prevents a promotion, there is no automatic legal remedy. If you have been treated unfairly, it's important to get legal advice, even if you don't believe there has been discrimination against a protected characteristic. This is because there are other exceptions. For example, your employer must not do anything that could be considered as harassment, nor should they punish you for reporting a workplace violation. Other exceptions may also apply, so legal advice is essential. What Types of Discrimination Are Illegal? Both state and federal laws prohibit discrimination due to any of the protected characteristics, which include: Race, color, or ethnicity Sex and gender Sexual orientation Age Disability Religion National origin Genetic information Pregnancy Ohio recognizes other protected categories, such as those diagnosed with HIV/AIDS and individuals with military status. If you have been denied a promotion, a legal professional will be able to advise if discrimination has occurred. What Must Be Proven to Establish Discrimination Occurred? To establish discrimination occurred, you must be able to prove: You belong to a protected category You met the requirements for the role You suffered an adverse action due to discrimination Another employer without the same protected characteristic received preferential treatment How Can Discrimination Be Proven? Your lawyer will consider several factors, including a comparison between you and the person who received the promotion. If the successful candidate was less or similarly qualified as you, this may strengthen a discrimination claim. If your employer has a proven history of discriminatory practices or decisions, this can support your case further. Any evidence you can provide to your lawyer can help to substantiate your claim. This could be emails, company policies, or witness statements. Proof of your professional competence can also be beneficial. This can be provided through copies of previous performance reviews, pay awards, or other documents that show positive feedback from management. Consult a Discrimination Lawyer There are different types of discrimination, and not all are immediately obvious. For example, a company policy that disadvantages one group of people with a protected characteristic more than others may be classified as a type of discrimination. A lawyer will be able to provide invaluable advice in addition to helping you gather evidence which proves being denied a promotion was due to discrimination. If you have faced unlawful discrimination, we can help. Contact us today at Nilges Draher Law Attorneys in Columbus, OH to schedule a consultation. We also have offices in North Canton and Cleveland, OH for your convenience.

Workplace harassment is a serious thing, and the Ohio courts are on your side if you've suffered from harassment. But because it is so serious, it's important that there be evidence to demonstrate what happened and the extent of the harassment. A harassment lawyer in Columbus, OH can help you compile all the evidence that needed to prove your case. From a Harassment Lawyer: What Evidence Is Needed to File a Columbus, OH Workplace Harassment Claim? Documentation Documentation is very important here. Make a record of every incident of harassment that you have experienced and include the date, time, location, and a full description of what happened. Try to do this as soon as possible after each incident so that your memory is fresh. If possible, note the exact words that were used, the context of the conversation, and note down any witnesses who may have been present. It also will help if you note any impact that the harassment had on you, like causing you emotional distress or making it difficult for you to work. Make sure that you keep this log on your personal computer or device so that if you're fired you don't lose access to it. Communications The harassment itself could be written, and if it is, any emails or text messages you have, memos or even post notes with threatening or harassing language could be used as evidence in your case. You also want to keep a copy of any responses that you sent that might show that you warned the harasser that their behavior was unwanted. If you have any communication with your workplace on the matter, such as a discussion with HR, be sure to keep this, too. Just be certain that as you collect this evidence you don't violate any workplace policies or any privacy laws. Witness Testimony If anyone else saw the harassment, their testimony as a third-party witness can greatly benefit your claim. Whether this is a coworker, a supervisor, or even a customer or client, if they're able to provide statements or testify about what they saw or heard, you want to get access to this. As soon as harassment takes place, try to write down the information for these witnesses and then contact them or have your lawyer do so to find out if they would be willing to testify on your behalf. Be aware that some people, particularly other employees, may be reluctant to say anything out of fear of retaliation. If that's the case, your lawyer may be able to help here by explaining to them that retaliation is illegal and the steps they can take to protect themselves. Performance Records and Employment Documents Sometimes harassment has an impact on job performance, and sometimes rejecting a harasser's advances can cause the harasser to lash out with demotions, pay cuts, or even by firing you. Any performance records that you can access will be helpful here to establish a pattern of your performance as well as show how the harassment may have affected you. If you need to bring a harassment case here in Ohio, reach out to Nilges Draher Law Attorneys in Columbus, Cleveland, or North Canton today.

The Pregnant Workers Fairness Act (PWFA) marks a pivotal shift in workplace rights for expecting employees, especially in states like Ohio where pregnancy discrimination continues to pose legal challenges. As of June 27, 2023, this federal law expands protections and ensures that pregnant workers can request reasonable accommodations without fear of retaliation or job loss. For Ohioans, understanding how the PWFA interacts with existing state pregnancy disability leave and childbirth laws is critical to protecting your health, your job, and your future. Whether you're newly pregnant or planning for a family in the future, knowing your rights under the pregnancy act employment umbrella can help you avoid unlawful treatment and stand up for fair workplace practices. This guide will explain how the law works, how it affects employment in Ohio, and how you can get support if your rights are violated. Have questions about your rights as a pregnant worker in Ohio? Contact our team today to schedule a confidential consultation with an employment attorney. What Is the Pregnant Workers Fairness Act? Federal Protection with Local Impact The Pregnant Workers Fairness Act (PWFA) is a federal law that requires employers with 15 or more employees to provide reasonable accommodations for workers affected by pregnancy, childbirth, or related medical conditions. Unlike prior federal laws such as the Pregnancy Discrimination Act or the Americans with Disabilities Act (ADA), PWFA specifically mandates proactive support—even if the pregnancy itself is not classified as a disability. Key Benefits for Ohio Workers Right to request light duty or schedule changes without penalty Protection against forced leave if reasonable accommodations can be made Expanded coverage beyond what Ohio law previously guaranteed Employers in Ohio must now comply with both federal and state regulations. This includes provisions under the Ohio Civil Rights Act and laws covering pregnancy disability leave and childbirth accommodations. Why Choose Us for Pregnancy Discrimination Representation in Ohio? At Nilges Draher LLC, we specialize in representing workers who face discrimination, retaliation, or unlawful treatment due to pregnancy or childbirth-related conditions. Based in Ohio, our employment lawyers bring decades of experience handling pregnancy and disability rights cases. We’re more than just advocates—we’re your strategic partners in holding employers accountable and helping you stay protected during one of the most important phases of your life. From early accommodations requests to wrongful termination litigation, we guide you at every step. Understanding Ohio Pregnancy Disability Leave and Childbirth Laws Ohio does not have a standalone pregnancy leave law, but pregnant employees are protected under state and federal laws, including: Ohio Civil Rights Act – Prohibits discrimination based on pregnancy or related medical conditions FMLA – Up to 12 weeks of unpaid leave for eligible employees PWFA – Enforces workplace accommodations specific to pregnancy Examples of Reasonable Accommodations in Ohio: Seated work for employees who usually stand More frequent restroom breaks Modified work schedules or temporary reassignment Remote work, where feasible Common Challenges Ohio Employees Face—And How We Help Pregnant employees often encounter illegal workplace practices, including: Being denied accommodations like flexible hours Pressure to take unpaid leave instead of modifying job duties Firing or demotion after pregnancy disclosure Our legal team fights back with targeted claims under the PWFA, ADA, FMLA, and Ohio state laws. We help file EEOC charges, negotiate settlements, or take your case to court if needed. If your employer is ignoring the law, we’re here to protect your rights. FAQs About Pregnancy Act Employment Rights in Ohio 1. What is the pregnancy act employment law? The term "pregnancy act employment" refers to the Pregnant Workers Fairness Act, which mandates that employers provide reasonable accommodations to workers with limitations related to pregnancy, childbirth, or related conditions. It applies nationwide, including in Ohio. 2. Are pregnant workers in Ohio entitled to paid leave? Ohio does not mandate paid maternity leave. However, workers may qualify for unpaid leave under the FMLA and may also use paid sick leave or short-term disability benefits if available. 3. Can I be fired for requesting accommodations during pregnancy? No. Both the PWFA and Ohio laws prohibit employers from retaliating against employees who request accommodations due to pregnancy or childbirth-related issues. 4. Does PWFA apply to small businesses in Ohio? The PWFA applies to employers with 15 or more employees. However, smaller employers may still be held accountable under Ohio discrimination laws. 5. How do I file a complaint if my rights are violated? You can file a complaint with the EEOC or consult with an Ohio employment lawyer to evaluate your case and represent you through the process. Conclusion: Know Your Rights—Protect Your Future Whether you’re facing pregnancy discrimination or simply want to understand your rights, the Pregnant Workers Fairness Act gives Ohio workers more power to advocate for safe and fair treatment at work. You don’t have to navigate this alone. Contact Nilges Draher LLC today to schedule your consultation and learn how we can help you navigate the intersection of pregnancy act employment and Ohio pregnancy disability leave and childbirth laws. Your future—and your family—deserve protection.

What Employers and Employees Need to Know ​In March 2025, Ohio Governor Mike DeWine signed Senate Bill 1 into law, introducing significant changes to the state's higher education system, particularly concerning Diversity, Equity, and Inclusion (DEI) initiatives. This legislation has profound implications for both employers and employees across Ohio, including in cities like Cleveland, Columbus, and North Canton.​ In this blog by Nilges Draher LLC we will break down what the implications are for both employees and employers here in Ohio. more Key Provisions of Senate Bill 1 Senate Bill 1 encompasses several measures that directly impact public colleges and universities in Ohio:​ Ban on DEI Initiatives: The law prohibits diversity, equity, and inclusion programs, training, and offices within public higher education institutions. This includes eliminating DEI-focused scholarships and orientations. Prohibition of Faculty Strikes: Faculty members at public colleges and universities are now forbidden from engaging in strikes, altering the dynamics of labor relations within these institutions. Regulation of Classroom Content: The legislation mandates that universities must declare neutrality on "controversial beliefs or policies," aiming to prevent institutions from endorsing or opposing specific viewpoints. Implications for Employers While Senate Bill 1 primarily targets public higher education institutions, its passage reflects a broader legislative trend that may influence workplace policies across various sectors in Ohio:​ Review of DEI Programs: Employers, especially those in publicly funded sectors, should assess their existing DEI initiatives to ensure compliance with the new law. Although the legislation directly affects public colleges, it may set a precedent that could impact other organizations.​ Policy Adjustments: Companies may need to revise internal policies related to diversity training and inclusion efforts to align with the state's legal framework, ensuring that such programs do not conflict with the principles outlined in Senate Bill 1.​ Legal Compliance: Employers must stay informed about the evolving legal landscape to avoid potential liabilities associated with non-compliance, particularly if future legislation extends similar provisions to other sectors.​ Implications for Employees Employees in Ohio should be aware of how this legislation might affect their workplace environment and rights:​ Changes in Workplace Training: Workers may experience modifications or reductions in diversity and inclusion training programs, which could impact workplace culture and dynamics.​ Impact on Workplace Culture: The removal or alteration of DEI initiatives may influence the inclusivity and support systems within the workplace, potentially affecting employee morale and retention.​ Awareness of Rights: Employees should stay informed about their rights and any changes to workplace policies resulting from this legislation to ensure they understand how it may affect their employment experience.​ How Our Labor Law Attorneys in Columbus, Cleveland & North Canton Can Assist Navigating the complexities introduced by Senate Bill 1 requires informed legal guidance. Nilges Draher LLC, with offices in Cleveland, Columbus, and North Canton, is well-positioned to assist both employers and employees in understanding and adapting to these changes:​ For Employers: Our legal team can help review and revise workplace policies to ensure compliance with the new law, providing strategies to maintain inclusive practices within the legal framework.​ For Employees: We offer counsel to employees who may be affected by changes in workplace policies related to DEI initiatives, ensuring that their rights are protected and upheld.​ As Ohio's legal landscape evolves, staying informed and proactive is essential. Nilges Draher LLC is committed to providing the necessary support and guidance to navigate these developments effectively. Reach out to us today for a free evaluation to discuss your case.

Balancing work and personal health—or caring for a loved one in crisis—is something many Ohio employees will face at some point. But what happens if your job is at risk because you need time off for medical leave or to care for a family member? In this blog by Nilges Draher LLC, we’ll break down your legal protections, explain when taking medical leave is protected under the law, and what to do if you’re fired or retaliated against for doing so. more What Laws Protect Medical Leave in Ohio? There is no single “paid family and medical leave” law in Ohio, but employees may be protected under several laws, including: The Family and Medical Leave Act (FMLA) – A federal law that provides up to 12 weeks of unpaid, job-protected leave for certain health or family-related reasons. The Americans with Disabilities Act (ADA) – May require employers to provide time off as a reasonable accommodation for a disability. Ohio Civil Rights Laws – Protect employees from discrimination based on disability, pregnancy, or other covered statuses. Let’s look at each one in more detail. The FMLA: Job-Protected Leave in Ohio The Family and Medical Leave Act (FMLA) is the main federal law that provides unpaid, job-protected leave for qualified employees. If you are eligible, you can take up to 12 weeks of unpaid leave per year to: Recover from a serious health condition Care for a spouse, child, or parent with a serious health condition Bond with a newborn or newly adopted child Address certain qualifying needs arising from a family member’s military deployment During your FMLA leave, your employer is required to: Protect your job (you must be reinstated to your same or equivalent position) Continue your health insurance under the same terms Who Is Eligible for FMLA in Ohio? To qualify for FMLA leave, all of the following must apply: You’ve worked for your employer for at least 12 months (not necessarily consecutively) You’ve worked at least 1,250 hours in the past 12 months Your employer has at least 50 employees within a 75-mile radius If your employer meets these criteria and you are facing a qualifying medical situation, you likely have the right to take protected leave under FMLA. Can My Employer Fire Me for Taking FMLA Leave? No. It is illegal for an employer to fire you for taking FMLA leave. If you were eligible, gave appropriate notice, and used the leave for a covered reason, your employer must hold your job (or a comparable one) for your return. If they terminate your employment during or immediately after your leave, and there is no legitimate reason unrelated to the leave, you may have a wrongful termination or retaliation claim. What If I Don’t Qualify for FMLA? Even if you don’t meet the FMLA requirements, you still may be protected under other laws: The Americans with Disabilities Act (ADA) If you have a chronic illness or serious health condition that qualifies as a disability, the ADA may require your employer to provide time off as a reasonable accommodation—unless it causes undue hardship. Pregnancy-Related Leave Employers covered under Ohio and federal law must treat pregnancy-related medical leave the same as any other temporary disability. Denying time off or firing someone due to pregnancy or related conditions may violate anti-discrimination laws. Caring for a Sick Family Member in Ohio Caring for a seriously ill parent, spouse, or child may qualify you for FMLA leave. But keep in mind that this law only applies to immediate family —not grandparents, siblings, or extended relatives. If your employer is not covered under FMLA, or if you are ineligible, you may want to: Request time off through company policy or PTO Explore whether time off could be provided as a reasonable accommodation Speak with an employment attorney to explore your rights under Ohio law Signs You Were Fired Illegally for Taking Leave Ohio is an “at-will” employment state, meaning employers can generally terminate workers for any reason—but not for illegal reasons. You may have a legal claim if: You were fired shortly after requesting or taking medical leave Your employer discouraged or denied your right to take FMLA leave You were told not to discuss your leave with coworkers You received sudden poor performance reviews or disciplinary actions after requesting time off These may indicate retaliation, which is illegal under both federal and state laws. Steps to Take if You Were Fired for Taking Medical Leave Gather Documentation Keep copies of doctor’s notes, FMLA paperwork, emails with HR, and anything else that supports your leave request. Understand Your Rights Review whether you were eligible for job-protected leave under FMLA, the ADA, or other protections. Request a Written Explanation Ask your employer to provide a written reason for your termination. Consult with an Ohio Employment Lawyer Legal counsel can help determine whether your termination was lawful and whether you have a case. How Nilges Draher LLC Can Help At Nilges Draher LLC, we advocate for workers across Cleveland, Columbus, North Canton, and throughout Ohio. If you were fired after taking—or requesting—medical leave or time off to care for a loved one, we’re here to listen. Our legal team has extensive experience helping workers stand up to wrongful terminations, retaliation, and leave violations. We’ll help you understand your rights, determine if your employer broke the law, and fight to secure the compensation or reinstatement you deserve. Set up a free case evaluation with an attorney today to get started.

Experiencing discomfort or distress at work due to inappropriate behavior can be challenging. Understanding what constitutes a hostile work environment in Ohio is essential for employees to recognize their rights and take appropriate action. This guide explains the legal definitions, examples, and steps to take if you find yourself in a hostile workplace. If you wish to go ahead and speak with a hostile work environment attorney about your case, schedule a free evaluation online today or continue reading to learn more. more Legal Definition of a Hostile Work Environment A hostile work environment arises when unwelcome conduct based on protected characteristics becomes so severe or pervasive that it creates an intimidating, hostile, or abusive workplace atmosphere. Both federal and Ohio state laws prohibit such environments and are designed to safeguard employees from discrimination and harassment. It’s important to understand that not all unpleasant or unfair treatment at work qualifies as a hostile work environment. The conduct must be discriminatory in nature—targeting an individual’s protected status—and severe or pervasive enough to affect the terms and conditions of employment. Protected Characteristics Under Ohio Law Ohio law prohibits workplace harassment based on the following protected characteristics: Race Color Religion Sex (including pregnancy) National origin Disability Age (40 and over) Military status Ancestry Harassment that targets any of these protected classes may rise to the level of a hostile work environment if it significantly impacts your ability to perform your job or feel safe at work. Examples of Hostile Work Environment Behavior Some examples of workplace conduct that may contribute to a hostile work environment include: Offensive jokes or slurs aimed at your race, gender, religion, or other protected trait Unwelcome physical contact, such as touching or brushing against someone inappropriately Displaying or sharing offensive materials that demean protected groups Threats, intimidation, or bullying behavior targeting your protected status Derogatory remarks about your age, disability, or personal beliefs Keep in mind, isolated comments or minor annoyances generally do not qualify—there must be a consistent pattern or severity to the behavior. Employer Liability and Responsibilities Employers in Ohio are legally obligated to prevent and address workplace harassment. They can be held responsible for allowing a hostile work environment to persist—especially if they knew or should have known about the behavior and failed to take action. Employers are expected to: Implement clear anti-harassment policies Provide regular training to employees and managers Investigate complaints thoroughly and promptly Take corrective action when harassment is found Employers may be able to defend themselves if they can prove they took reasonable steps to prevent harassment and the employee failed to take advantage of those safeguards. Steps You Can Take If You’re Experiencing a Hostile Work Environment If you believe you’re experiencing a hostile work environment in Ohio, consider taking these steps: Document Everything Keep a detailed record of each incident, including dates, times, locations, and witnesses. Review Company Policies Check your employee handbook or internal HR policies to understand how to report the issue. Report the Behavior Internally Use the reporting channels provided by your employer—typically through HR or your supervisor. Seek External Support If internal reporting doesn’t work, you can file a complaint with the Ohio Civil Rights Commission or the Equal Employment Opportunity Commission (EEOC). Speak with an Employment Attorney An experienced Ohio employment lawyer can help you understand your rights and determine whether legal action is appropriate. It’s also important to know that retaliation is illegal. If you’re disciplined, demoted, or terminated after reporting harassment, you may have an additional claim. You Deserve a Safe and Respectful Workplace Understanding what counts as a hostile work environment in Ohio is the first step to protecting your rights. You don’t have to tolerate discrimination or harassment at work. Whether you're in Cleveland, Columbus, North Canton, or anywhere else in the state, Nilges Draher LLC is here to help Ohio workers take a stand. If you're unsure whether your situation qualifies as a hostile work environment, don’t wait— contact our team online today for a free evaluation or call 216-230-2955 to speak with a hostile work environment lawyer about your case.

You have the right to a workplace free of unlawful discrimination and harassment based on protected characteristics like race, national origin, sex, and religion. You also have legal recourse if those rights have been violated. However, the law doesn’t enforce itself; to hold your employer accountable, you need to document the unlawful behavior. Make sure you have the evidence to protect your rights at work The right documentation can make all the difference in a complicated employment discrimination case. Write down what happened, including the following: What was said and who said it If comments have been made at work related to your race, religion, gender, or another protected characteristic, who made those comments? Was it a supervisor or a coworker? Keep detailed records of those comments and each person’s rank in the corporate hierarchy. When comments were made and actions were taken Timing is critical in employment discrimination claims, for a few reasons. First, there are strict deadlines that apply to discrimination cases, so the timing of the discriminatory behavior or employment action can affect the amount of time you have to take legal action. Second, keeping records of time can help to establish patterns of behavior, which can be critical in your employment case. Who, if anyone, witnessed the discriminatory or harassing behavior Witnesses can play an important role in employment cases. They can verify what happened and provide powerful testimony in court if necessary. Make sure you write down the names and contact information of any witnesses so your lawyer can follow up with them later. Whether you reported the behavior, formally or informally Reporting discrimination or harassment puts your employer “on notice” that it’s happening under their watch. That’s why it’s important to keep a written record of any reports you made to a manager, human resources, or anyone else in charge in your workplace. You can make a report orally, but it’s best to put it in writing (a quick follow-up email will do) to ensure that you have a record of making the report. Make sure you keep records outside your employer’s systems It’s critical that you have your own records of the discriminatory or harassing behavior, outside your employer’s control. Keeping personal records ensures that you will have access to this information if your employer unexpectedly fires you or cuts off your access to their systems. In addition to records of the discrimination or harassment itself, make sure you keep copies of your performance reviews, communications from supervisors, and any other information that speaks to your overall job performance. If you are fired, demoted, reassigned, or otherwise targeted, your employer will likely try to argue their decision was related to a non-discriminatory reason such as job performance. If you can verify that you met or exceeded expectations in your job, you will be in a better position. Talk to an experienced employment lawyer today Again, employment discrimination cases can be complex, and there are strict deadlines that must be followed. That’s why getting legal representation as soon as possible is so important. If you believe you have been illegally discriminated against or harassed at work, contact Nilges Draher LLC in Ohio for a free case evaluation. With offices in North Canton, Cleveland, and Columbus, our employment attorneys offer legal representation to workers nationwide. "Was dealing with an issue and needed some advice, so I reached out to the firm. I got a callback within a half hour and was speaking to an attorney the very next day." — James W.

A recent lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) sheds a light on a contentious issue in 21 st century workplaces: remote work as an accommodation for disabled workers. Under the federal Americans with Disabilities Act (ADA), employers with 15 or more employees must provide reasonable accommodations for qualifying disabled workers and cannot retaliate or discriminate against workers who need accommodations. Disability accommodations are a complex and evolving area of law, however, so it’s always important to get legal advice and understand your rights and options. Our disability discrimination attorneys can help. What employers are and aren’t required to do to accommodate disabled workers According to the EEOC, employers are required to provide reasonable accommodations to qualifying individuals with disabilities. A “qualifying” worker is someone who can perform the essential functions of the job, with or without a reasonable accommodation. Note that under the ADA, employers are not required to provide the exact accommodation that an employee requires. For example, if an employee requests remote work as an accommodation, the employer might offer an alternative, such as allowing the employee to work in a different part of the office or a satellite location closer to home, depending on the nature of the disability and the reasons for the request. The key is that the employer must engage in an interactive process to find an accommodation that works for both parties. In the EEOC lawsuit filed in September, the employee, a customer service representative, asked to work from home after suffering a stroke, both because she couldn’t drive and because the lights in her employer’s office exacerbated the headaches she suffered from as a result of the stroke. The employer denied the accommodation and eventually fired the employee for taking leave to attend medical appointments. According to the EEOC, the employer violated the employee’s rights under the ADA by denying the accommodation and by retaliating against her. Key considerations in ADA cases In disability accommodation claims, including remote work accommodation claims, a key question is what the “essential functions of the job” are and whether the employee can perform them with or without accommodations. These “essential functions” are based on the employee's actual day-to-day job duties, not their written job description. For example, if the job description says, “must be able to lift 50 pounds,” but the actual job duties rarely, if ever, involve lifting heavy objects, then that is likely not an essential function of the job. Another key question is whether a particular accommodation is “reasonable.” In addition to remote or hybrid work, reasonable accommodations might include modified work hours, extra breaks or leave (paid or unpaid), assistive technology, accessible parking, modified work locations (such as a first-floor office for an employee who can’t climb stairs), and assistive technology. However, the employer is not required to make an accommodation that would represent an “undue hardship;” that is, a significant difficulty or expense for the employer. When there is a dispute over whether a particular accommodation is “reasonable,” one important consideration is whether the employer has already made the same accommodation for other employees (whether they are disabled or not). For example, if an employer has previously allowed hybrid or remote work for some workers, it’s much harder to argue that it would be an undue hardship to accommodate a disabled employee who requests remote work today. If you are facing disability discrimination, we can help Disabled workers face incredible challenges in the workplace, even though more accommodations are possible today than ever before. Too many employers don’t comply with the requirements of the ADA, and employees are left to suffer the consequences. If you’re in that situation, you have recourse. We can help. The experienced employment law attorneys at Nilges Draher LLC have recovered over $50 million (and counting) for workers in Ohio and beyond. Give us a call or contact us online for a free, confidential case evaluation.

The U.S. Department of Labor has unveiled a new tool designed to make hiring practices more accessible and fairer for people with disabilities. The AI & Inclusive Hiring Framework can guide employers in using artificial intelligence to help rather than hinder disabled job seekers. Published by the Partnership on Employment & Accessible Technology (PEAT), the framework offers a blueprint for using AI hiring technology without unintentionally creating discriminatory barriers. This initiative was funded by the department's Office of Disability Employment Policy. What is the AI & Inclusive Hiring Framework? The AI & Inclusive Hiring Framework provides employers with guidelines to ensure they use their AI tools inclusively. This will help prevent bias from slipping through the cracks. With the rise of AI in hiring, the risk of overlooking qualified applicants due to poorly designed algorithms is real. PEAT's framework was built on best practices from the National Institute of Standards and Technology's (NIST) AI Risk Management Framework. The guidance helps employers see the benefits AI can bring to their hiring process while avoiding pitfalls that could harm applicants. ODEP and PEAT developed the framework in partnership with NIST. It also factored in feedback from disability advocates, AI experts, industry leaders, and the public. The framework outlines 10 areas of focus for employers to follow. Each area focuses on practices, goals, and activities that can help businesses adopt inclusive hiring initiatives. How will this framework promote inclusive hiring? The AI & Inclusive Hiring Framework came to life following a PEAT Think Tank held in April 2023. The development process included listening sessions with experts and input from a national online public dialogue. ODEP, PEAT, NIST, and other partners worked together to create a tool that both employers and workers can use. According to Assistant Secretary for Disability Employment Policy Taryn Williams, employers should use this framework to tap into the talent pool of people with disabilities. "The Office of Disability Employment Policy works with many employers eager to hire people with disabilities and benefit from their talents," Williams said. "These employers recognize that AI tools can improve recruitment and hiring but may also impact workplace culture and inclusion of disabled employees. The AI & Inclusive Hiring Framework published today charts a clear course for employers to navigate this transformation successfully." The framework doesn't just focus on employers. It's also there to empower job seekers, by helping them understand the benefits and challenges they may face when encountering AI-enabled hiring technologies. How does this framework align with equity? The framework aligns with the Biden-Harris administration's efforts to ensure AI technology supports, rather than hinders, workers' employment opportunities. In October 2022, the White House Office of Science and Technology Policy released the "Blueprint for an AI Bill of Rights." This document laid out standards for more equitable and inclusive digital hiring. The AI & Inclusive Hiring Framework takes those principles and puts them into action. This framework offers an important step forward for ensuring no qualified candidate is overlooked due to inaccessible or biased technology. It provides a practical, actionable guide for employers who are committed to making their hiring practices more equitable. What are my legal options if I face discrimination from employers? If you've faced discrimination during the hiring process in Ohio—whether because of a disability, race, gender, or any other protected status—you deserve justice. Discrimination isn't just wrong; it's illegal, and you have the right to stand up against it. Employers who misuse AI or other hiring practices to discriminate must be held accountable. The Ohio workplace discrimination lawyers at Nilges Draher LLC know how to take on companies that won't admit wrongdoing. We have the case results to prove it, including: A $5.9 million settlement for workers misclassified as outside salespersons and denied overtime pay. $4 million settlement for a class of workers not compensated for all break times. $1.25 million settlement for oil field workers improperly paid on a day rate without overtime compensation. Our legal team is here to listen, advocate, and fight for your rights. We operate on a contingency fee basis, meaning we don't get paid unless you do, and your initial consultation is always free. Contact us today to schedule your case evaluation and take the first step toward protecting your rights.