We often receive questions from prospective clients and current clients on whether they should file a charge with the Ohio Civil Rights Commission (OCRC). Sometimes the client has already filed the charge and the question is whether the charge should be further pursued through the OCRC. To make that decision, it is important to know your prospects of a successful outcome in pursuing a claim for discrimination through the OCRC instead of hiring an attorney to pursue your claim. On some claims you are required to file an administrative charge with either the OCRC or its federal counterpart the Equal Employment Opportunity Commission (EEOC).
In 2016 the OCRC received a total of 4,789 filed charges for discrimination. Out of that total, race discrimination was the most frequently filed charge at 1,287. The next most frequently filed charge was retaliation with a total of 938 charges, followed by disability discrimination at 889, sex/pregnancy discrimination at 718 and age discrimination with 404 total charges filed in 2016. Wrongful termination claims were involved in 1,026 of the total charges for 2016.
In 2016 OCRC closed a total of 3,059 charges. It is important to note that, out of those closures, the OCRC issued a “no probable cause” for discrimination on 1,824 charges and the OCRC found “probable cause” on a total of 78 charges. The remainder of the charges were closed for various reasons but a total of 2,355 employment discrimination charges were closed out of the 3,059 closed charges in 2016. Out of the total closures for 2016, 197 of the closed charges resulted from a settlement and 18 of the closures resulted from a successful conciliation after the OCRC found probable cause.
Based on these statistics, it is important to seek the advice of an experienced attorney because your chances of a successful outcome going alone with OCRC is not favorable to the charging party. Linnen Co., L.P.A. has represented many clients in proceedings before the OCRC at various stages, from the point that the charge is filed up to the time of a probable cause finding. It is important to note that, even if OCRC has not found probable cause, you may still have a discrimination claim with merit and there is no substitute for obtaining a review from an experienced employment rights attorney.