Important Changes to Ohio’s Anti-Discrimination Statute

18 April 2022
Jeffrey Geisinger

When H.B. 352 went into effect on April 15, 2021, it changed Ohio’s anti-discrimination statute, R.C. Chapter 4112, in several important ways. Some of the most significant changes include a shorter statute of limitations, a new administrative exhaustion requirement, and a new framework for age discrimination claims. Importantly, in the time since H.B. 352 went into effect, courts have held that H.B. 352’s changes to R.C. Chapter 4112 do not have retroactive effect.1 Therefore, claims that arose prior to April 15, 2021 are still subject to the previous version of the law.

People with potential claims need to be aware of the recent changes in the law, and they also need to be conscious of exactly when their potential claims arose. The date on which a claim arose is important because it determines the requirements for filing a lawsuit, the statute of limitations, and it may impact the type of remedies and relief that are available.

People need to be particularly careful when it comes to potential claims of age discrimination. Age discrimination claims used to have their own unique legal framework that was different from other forms of discrimination. The old framework was complicated and laden with pitfalls. H.B. 352 creates a new framework for age discrimination claims that is more straightforward and consistent with claims for other forms of employment discrimination. However, the fact that H.B. 352 is not retroactive means that people with age discrimination claims that arose prior to April 15, 2021 are still subject to the old framework. As such, these people need to be very careful in choosing how to proceed so that they do not jeopardize their ability to go to court.

H.B. 352 has created a number of changes in the law, including the important changes described above. Some of these changes are certainly welcome developments, especially when it comes to claims of age discrimination. However, H.B. 352’s changes also pose new and unique challenges for those with potential claims. People with potential claims need to be careful in determining how to proceed. Accordingly, those with potential claims should contact the lawyers at Green Haines Sgambati Co., LPA. to seek professional legal advice before taking any action.

The following attorney practices in this area of Law:

  • Jeffrey Geisinger


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