EMPLOYMENT DISCRIMINATION DEMAND LETTER
Ohio Law
Ohio Civil Rights Act, Ohio Rev. Code Chapter 4112
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Ohio ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Ohio Supreme Court Registration No.]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Re: Employment Discrimination Claim of [Client Full Name]
OCRC Charge No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - OHIO R. EVID. 408
Dear [Mr./Ms./Mx. Last Name]:
This firm represents [Client Full Name] ("our client") regarding [his/her/their] claims of unlawful employment discrimination against [Company Legal Name] ("[Company Short Name]" or "the Company").
I. LEGAL FRAMEWORK
A. Ohio Civil Rights Act
Ohio prohibits employment discrimination under Ohio Rev. Code Chapter 4112.
Protected Classes Under O.R.C. Section 4112.02:
- Race
- Color
- Religion
- Sex (including pregnancy)
- Military status
- National origin
- Disability
- Age (40+)
- Ancestry
B. Federal Anti-Discrimination Laws
| Statute | Protected Class | Citation |
|---|---|---|
| Title VII | Race, color, religion, sex, national origin | 42 U.S.C. Section 2000e et seq. |
| ADEA | Age (40+) | 29 U.S.C. Section 621 et seq. |
| ADA | Disability | 42 U.S.C. Section 12101 et seq. |
C. Ohio Civil Rights Commission (OCRC)
Filing Options:
- May file OCRC charge within 2 years OR
- May file directly in court within 6 years
- Election of remedies: Filing with OCRC generally precludes court action
II. FACTUAL BACKGROUND
[Client Full Name] was employed by [Company Short Name] from [Start Date] through [End Date / Present] as a [Job Title] in [City], Ohio.
III. LEGAL CLAIMS
A. Violation of Ohio Civil Rights Act (O.R.C. Section 4112.02)
[Company Short Name] violated Ohio law by discriminating against our client based on [protected class].
Key Provisions:
- Applies to employers with 4+ employees
- No administrative exhaustion required for court action
- 6-year statute of limitations for civil action
- No caps on compensatory or punitive damages
See Plumbers & Steamfitters Joint Apprenticeship Comm. v. Ohio Civ. Rights Comm., 66 Ohio St. 2d 192 (1981).
IV. DAMAGES
A. Economic Damages
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Lost Benefits | $[Amount] |
| Front Pay | $[Amount] |
| Subtotal | $[Amount] |
B. Summary of Damages
Note: Ohio has NO CAPS on compensatory or punitive damages under state law.
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Compensatory Damages | $[Amount] |
| Punitive Damages | $[Amount] |
| Attorney's Fees | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
We demand that [Company Short Name] pay $[Settlement Demand Amount] to resolve all claims.
VI. RESPONSE DEADLINE
Please respond within twenty-one (21) calendar days, no later than [Response Deadline Date].
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Ohio Supreme Court Reg. No.]
OHIO-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)
Key Ohio Considerations
[ ] No Administrative Exhaustion: Can file directly in court (but election of remedies applies)
[ ] 6-Year SOL: Longest statute of limitations for employment discrimination in the country
[ ] No Damage Caps: No statutory limits on compensatory or punitive damages
[ ] Election of Remedies: Filing with OCRC waives right to court action
[ ] Military Status Protected: Included in state law
Venue Options
- Ohio Court of Common Pleas: State court venue
- U.S. District Court, Northern District of Ohio (Cleveland, Akron, Toledo, Youngstown)
- U.S. District Court, Southern District of Ohio (Columbus, Cincinnati, Dayton)
Statute of Limitations Reference
| Claim | Deadline | Citation |
|---|---|---|
| Ohio Civil Rights (court) | 6 years | O.R.C. Section 4112.02 |
| OCRC Charge | 2 years | O.R.C. Section 4112.05 |
| EEOC (deferral state) | 300 days | 42 U.S.C. Section 2000e-5(e) |