Filing a lawsuit against an employer for unfair treatment in the state of Ohio can typically occur in one of two ways. Below, we are going to explore both options and discuss things such as the time afforded to you to file an employment lawsuit and how to find an employment lawyer to work with.
How To File a Discrimination Claim
When it comes to filing an employment discrimination lawsuit, you first have to file a charge of discrimination with either the U.S. Equal Employment Opportunity Commission (EEOC) or with the Ohio Civil Rights Commission (OCRC). Our employment attorneys will be able to advise you of the best method for filing charges of discrimination and the appropriate places to file.
Before you can file a lawsuit against an employer for unfair treatment, most federal discrimination laws require that a charge of discrimination claim is filed with the EEOC. The EEOC handles discrimination claims for employers with a certain number of employees for claims that could be asserted under various federal employment discrimination laws.
You can file a charge of discrimination through the EEOC Public Portal website, where the EEOC will take over the inquiry and interview you. Before filing a charge of discrimination, it is advisable to speak with an experienced employment discrimination lawyer. 180 days after filing the charge of discrimination, you will be able to request the issuance of a notice of right to sue.
A charge of discrimination can be filed if, according to the EEOC, you believe you have been discriminated against at work for the following reasons:
- National origin
- Age (typically 40 years or older)
- Sex (which includes pregnancy, sexual orientation, and gender identity)
- Disability and/or genetic information
Just as the EEOC investigates charges of discrimination based around things such as race, color, sex, age, and national origin under various federal employment discrimination laws, so does the OCRC regarding Ohio’s employment discrimination laws. To file a discrimination claim with the OCRC, you can file in person, online, or by U.S. mail. Again, it is advisable that you speak with experienced employment discrimination attorneys before filing an employment discrimination claim with the OCRC.
Once a claim has been filed, the OCRC will investigate the charges. From there, you may be issued a right to sue letter if no form of resolution can be found.
How to File a Lawsuit Against an Employer for Employment Discrimination
Once a discrimination claim has been filed, there is the possibility that it will be resolved by the EEOC or the OCRC. But should you receive a right to sue letter from the appropriate agency, you will want to keep in mind the time period in which you can file a lawsuit.
For the EEOC, once you receive a right to sue letter for most employment discrimination claims, you will have 90 days in which to file your lawsuit. If you do not file within that time, you may be kept from moving forward with your lawsuit.
But once you have the right to sue notice, you can move forward with filing your lawsuit. Cases can be handled without the help of a Columbus employment lawyer but having a dedicated employment lawyer on your side is extremely beneficial. Employers will secure their own legal representation so it is important that you also do so if you want to be on equal footing with them.
Work with an Employment Lawyer from Columbus, Ohio
Seeking out an experienced Columbus employment lawyer to work with you on your employment discrimination lawsuit can bring a number of benefits. An employment lawyer in Columbus, Ohio will be well versed labor and employment law and will be able to provide expert counsel in relation to your lawsuit. An employment lawyer can help you understand the complexities that come with employment law and navigate the entire lawsuit process.