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Will pregnancy become a ‘Super-Protected’ class in Ohio?

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in Discrimination and Harassment,Employment Law,FMLA Guidelines,Human Resources,Maternity Leave Laws

Employees seeking relief from on-the-job discrimination on the basis of their race, sex, age, national origin or religion can typically pursue their claims under federal law, Ohio law (Ohio Revised Code Section 4112.02) or both.

In most cases, it doesn’t matter whether the employee sues under state or federal law—the court will apply the same cases and reasoning.

The same is not true in pregnancy discrimination cases. That’s because the Ohio Civil Rights Commission (OCRC) interprets pregnancy discrimination quite differently than does its federal counterpart, the Equal Employment Opportunity Commission (EEOC).

Fed, state interpretations differ

The federal Pregnancy Discrimination Act (PDA) requires that pregnant employees must be treated the same as other employees who are temporarily disabled from working. The Ohio Revised Code Section contains the same “similar in their ability or inability to work” language. However,...(register to read more)

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