Ohio Civil Rights Act Complaint (R.C. Chapter 4112)

COMPLAINT FOR EMPLOYMENT DISCRIMINATION AND RETALIATION — OHIO CIVIL RIGHTS ACT (R.C. CHAPTER 4112)

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties
4. Jurisdiction and Venue
5. Administrative Exhaustion
6. Factual Allegations
7. Count I — Discrimination in Violation of R.C. § 4112.02(A)
8. Count II — Hostile Work Environment in Violation of R.C. § 4112.02(A)
9. Count III — Retaliation in Violation of R.C. § 4112.02(I)
10. Count IV — Title VII / § 1981 / ADA / ADEA Parallel Federal Claims
11. Damages
12. Prayer for Relief
13. Demand for Trial by Jury
14. Signature and Service Blocks
15. Certificate of Service
16. Ohio Practice Notes — H.B. 352 Compliance
17. Sources and References

1. CAPTION

IN THE COURT OF COMMON PLEAS

[COUNTY NAME] COUNTY, OHIO

CASE NO. [________________________________]

JUDGE [________________________________]

COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF, AND DECLARATORY RELIEF

(JURY DEMAND ENDORSED HEREON)

2. INTRODUCTION

2.1. This is an action for damages, injunctive relief, and declaratory relief arising out of unlawful employment discrimination and retaliation in violation of the Ohio Civil Rights Act, R.C. Chapter 4112, as amended by 2021 Am. Sub. H.B. 352, and parallel provisions of federal law.

2.2. Plaintiff has exhausted all administrative prerequisites required by R.C. § 4112.052(B) and brings this action within two (2) years of the unlawful practices complained of, as required by R.C. § 4112.052(B)(1).

3. PARTIES

3.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult resident of [COUNTY], Ohio, and was at all relevant times employed by Defendant Employer at its [CITY, OHIO] location.

3.2. Plaintiff is a member of the following protected class(es) under R.C. § 4112.02: [race / color / religion / sex / national origin / disability / age (40+) / ancestry / military status].

3.3. Defendant [EMPLOYER NAME] ("Employer") is a [corporation / LLC / partnership] organized under the laws of [STATE] with its principal place of business at [ADDRESS], and conducts business in [COUNTY], Ohio. At all relevant times, Employer employed four (4) or more persons in Ohio and was therefore an "employer" within the meaning of R.C. § 4112.01(A)(2).

3.4. Defendant [INDIVIDUAL DEFENDANT NAME] ("Individual Defendant") is, on information and belief, an adult resident of [COUNTY], Ohio, who served as [TITLE] at Employer and personally engaged in the retaliatory conduct described herein. Individual Defendant is named solely on the retaliation count (Count III) consistent with R.C. § 4112.052(A)(2), which preserves individual liability only for retaliation.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction pursuant to R.C. § 2305.01 (general civil jurisdiction of the Common Pleas Court).

4.2. Venue is proper in [COUNTY] County under Ohio R. Civ. P. 3(C) because Defendant Employer conducts substantial business in this County and the unlawful employment practices alleged herein occurred in this County.

4.3. The amount in controversy exceeds the jurisdictional minimum of this Court.

5. ADMINISTRATIVE EXHAUSTION

5.1. On [DATE], Plaintiff timely filed a Charge of Discrimination with the Ohio Civil Rights Commission ("OCRC"), Charge No. [OCRC CHARGE NUMBER], and cross-filed with the United States Equal Employment Opportunity Commission ("EEOC"), Charge No. [EEOC CHARGE NUMBER], under the OCRC/EEOC work-sharing agreement.

5.2. The OCRC charge was filed within two (2) years of the most recent unlawful discriminatory practice as required by R.C. § 4112.05(B)(1).

5.3. Plaintiff has satisfied the administrative-exhaustion requirement of R.C. § 4112.052(B)(2) by [receiving a right-to-sue notice from OCRC dated _______ / receiving a "no probable cause" finding dated _______ / receiving a notice of dismissal upon Plaintiff's request to withdraw the charge dated _______ / the OCRC having not issued a determination within the statutory period and the charge being administratively closed].

5.4. The EEOC issued a Notice of Right to Sue on [DATE], and this Complaint is filed within ninety (90) days of Plaintiff's receipt thereof.

5.5. Plaintiff has not elected to proceed with an OCRC administrative hearing on the merits and has therefore preserved the right to file this civil action under R.C. § 4112.052(B).

6. FACTUAL ALLEGATIONS

6.1. Plaintiff was hired by Employer on [DATE] as a [POSITION] and at all times performed the essential functions of the position satisfactorily.

6.2. Throughout Plaintiff's employment, Plaintiff received [positive performance reviews / merit increases / promotions / commendations — describe specifically].

6.3. Beginning on or about [DATE], Plaintiff was subjected to adverse employment actions and disparate treatment because of Plaintiff's [protected class], including without limitation:

• [Adverse action 1, with date and decisionmaker];
• [Adverse action 2, with date and decisionmaker];
• [Adverse action 3, with date and decisionmaker].

6.4. Similarly situated employees outside Plaintiff's protected class were treated more favorably under materially similar circumstances. Specifically: [describe comparators by initials, role, conduct, and treatment].

6.5. [For disability cases:] Plaintiff has a disability within the meaning of R.C. § 4112.01(A)(13) and the ADA, namely [diagnosis], which substantially limits the major life activity of [activity]. Plaintiff requested reasonable accommodation on [DATE] by [describe request]. Employer [denied the request / failed to engage in the interactive process / retaliated].

6.6. [For pregnancy/sex cases:] Plaintiff disclosed her pregnancy on [DATE]. Within [NUMBER] days, Plaintiff was [describe adverse action].

6.7. [For age cases:] Plaintiff was [AGE] years old at all relevant times and was replaced by, or passed over in favor of, a substantially younger employee, [NAME, AGE].

6.8. On [DATE], Plaintiff complained internally to [HR / supervisor / hotline / EEO officer] about the discriminatory conduct described above. Plaintiff thereby engaged in protected activity under R.C. § 4112.02(I).

6.9. Within [NUMBER] days of Plaintiff's protected activity, Defendant Employer and Individual Defendant [describe retaliatory action — termination, demotion, schedule change, write-up, hostile environment escalation], demonstrating a causal link between the protected activity and the adverse action.

6.10. On [DATE], Plaintiff was [terminated / constructively discharged / demoted], ending Plaintiff's employment with Employer.

7. COUNT I — DISCRIMINATION IN VIOLATION OF R.C. § 4112.02(A)

(Against Defendant Employer Only)

7.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 6.10 as if fully set forth herein.

7.2. R.C. § 4112.02(A) prohibits an employer, because of an individual's race, color, religion, sex, military status, national origin, disability, age, or ancestry, from discharging without just cause, refusing to hire, or otherwise discriminating against that individual with respect to hire, tenure, terms, conditions, or privileges of employment.

7.3. Defendant Employer discriminated against Plaintiff because of Plaintiff's [protected class] by taking the adverse employment actions described herein.

7.4. Defendant Employer's stated reasons for the adverse employment actions are pretextual.

7.5. As a direct and proximate result, Plaintiff has suffered lost wages and benefits, emotional distress, damage to professional reputation, and other compensable harm.

8. COUNT II — HOSTILE WORK ENVIRONMENT IN VIOLATION OF R.C. § 4112.02(A)

(Against Defendant Employer Only)

8.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 7.5 as if fully set forth herein.

8.2. Plaintiff was subjected to severe or pervasive harassment because of Plaintiff's [protected class], including [describe representative incidents with dates and actors].

8.3. The harassment was unwelcome, was based on Plaintiff's protected class, and altered the terms and conditions of Plaintiff's employment, creating an abusive working environment that a reasonable person in Plaintiff's position would find hostile or abusive, and that Plaintiff in fact perceived as such.

8.4. Defendant Employer knew or should have known of the harassment and failed to take prompt and effective remedial action; alternatively, the harassment was perpetrated by a supervisor with authority to take tangible employment actions, rendering Employer strictly liable.

8.5. The harassment culminated in a tangible employment action against Plaintiff, defeating any Faragher/Ellerth-type affirmative defense.

9. COUNT III — RETALIATION IN VIOLATION OF R.C. § 4112.02(I)

(Against Defendant Employer AND Individual Defendant)

9.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 8.5 as if fully set forth herein.

9.2. R.C. § 4112.02(I) prohibits any person from discriminating in any manner against any other person because that person has opposed any unlawful discriminatory practice or because that person has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under R.C. Chapter 4112.

9.3. Plaintiff engaged in protected activity under R.C. § 4112.02(I) by [opposing discriminatory conduct internally / filing the OCRC charge / participating in the OCRC investigation / describe activity].

9.4. Defendant Employer and Individual Defendant knew of Plaintiff's protected activity.

9.5. Within a temporally suspicious window, Defendants took materially adverse action against Plaintiff that would dissuade a reasonable worker from making or supporting a charge of discrimination.

9.6. Causation is established by [temporal proximity / direct evidence / pattern of antagonism / shifting reasons / departure from policy].

9.7. Pursuant to R.C. § 4112.052(A)(2), Individual Defendant is personally liable for retaliation notwithstanding the general elimination of individual liability for substantive discrimination claims.

10. COUNT IV — TITLE VII / § 1981 / ADA / ADEA PARALLEL FEDERAL CLAIMS

(Against Defendant Employer Only)

10.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 9.7 as if fully set forth herein.

10.2. The conduct described above also violates [42 U.S.C. § 2000e-2(a) (Title VII discrimination) / 42 U.S.C. § 2000e-3 (Title VII retaliation) / 42 U.S.C. § 1981 (race discrimination in contract) / 42 U.S.C. § 12112 (ADA) / 29 U.S.C. § 623 (ADEA)].

10.3. Plaintiff timely cross-filed an EEOC charge and received a Notice of Right to Sue on [DATE]; this Complaint is filed within ninety (90) days thereof.

10.4. Plaintiff is entitled to all remedies available under federal law, including back pay, front pay, compensatory and punitive damages (subject to 42 U.S.C. § 1981a caps), reinstatement, attorney's fees and costs, and prejudgment interest.

11. DAMAGES

11.1. Economic Damages: lost wages, lost benefits, lost commissions and bonuses, lost stock or equity awards, lost retirement contributions, mitigation expenses, and front pay in lieu of reinstatement, in amounts to be proven at trial but exceeding [$AMOUNT].

11.2. Compensatory Non-Economic Damages: emotional distress, mental anguish, loss of enjoyment of life, humiliation, damage to professional reputation, and inconvenience.

11.3. Punitive Damages: Defendants acted with malice or in reckless disregard of Plaintiff's federally and state-protected rights, entitling Plaintiff to punitive damages under R.C. § 4112.99, R.C. § 2315.21, 42 U.S.C. § 1981a, and 42 U.S.C. § 1981.

11.4. Equitable Relief: reinstatement, injunctive relief restraining further discrimination and retaliation, and a declaratory judgment that Defendants' conduct violated R.C. Chapter 4112 and federal law.

11.5. Attorney's Fees and Costs: under R.C. § 4112.052(D), 42 U.S.C. § 2000e-5(k), 42 U.S.C. § 1988, 42 U.S.C. § 12205, and 29 U.S.C. § 626(b).

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in Plaintiff's favor and against Defendants and grant the following relief:

• A. Compensatory damages in an amount to be determined at trial, but exceeding the jurisdictional minimum of this Court;
• B. Back pay, front pay, and lost benefits;
• C. Punitive damages in the maximum amount permitted by law;
• D. Pre-judgment and post-judgment interest;
• E. Reasonable attorney's fees, expert witness fees, and costs of suit;
• F. Reinstatement to Plaintiff's prior position with full seniority and benefits, or front pay in lieu thereof;
• G. Permanent injunctive relief enjoining Defendants from engaging in further unlawful discrimination and retaliation;
• H. A declaratory judgment that Defendants' conduct violated R.C. Chapter 4112 and federal civil-rights law;
• I. Such other and further relief as this Court deems just and equitable.

13. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Ohio R. Civ. P. 38(B) and the Seventh Amendment to the United States Constitution.

14. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME] (#[OHIO BAR NUMBER])

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, OHIO ZIP]

Telephone: [NUMBER]

Fax: [NUMBER]

Email: [EMAIL]

15. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], a copy of the foregoing Complaint was served upon Defendants via [the Clerk of Courts pursuant to Ohio R. Civ. P. 4.1 (certified mail) / personal service / waiver of service] at the following addresses:

[DEFENDANT EMPLOYER — Statutory Agent address from Ohio Secretary of State]

[INDIVIDUAL DEFENDANT — Service address]

[________________________________]

[ATTORNEY NAME] (#[OHIO BAR NUMBER])

16. OHIO PRACTICE NOTES — H.B. 352 COMPLIANCE

• Statute of limitations. R.C. § 4112.052(B)(1) imposes a two-year SOL on civil actions, measured from the unlawful practice. The pre-2021 six-year limitation under former R.C. § 4112.99 / Cosgrove v. Williamsburg of Cincinnati Mgmt. Co., 70 Ohio St. 3d 281 (1994), is superseded for claims accruing on or after April 15, 2021.
• Mandatory administrative exhaustion. R.C. § 4112.052(B)(2) requires an OCRC charge as a prerequisite to suit on any employment-based Chapter 4112 claim. Acceptable exit pathways: (i) right-to-sue notice; (ii) "no probable cause" finding; (iii) probable-cause finding followed by complainant's election to proceed in court; (iv) administrative dismissal/withdrawal. Plead the specific pathway.
• Tolling. The two-year SOL is tolled while an OCRC charge is pending. If the charge is filed within sixty (60) days of the SOL deadline, the SOL is tolled an additional sixty (60) days after the charge is no longer pending. R.C. § 4112.052(B)(1).
• Individual liability eliminated except for retaliation. Under R.C. § 4112.052(A)(2), supervisors, managers, and other individuals are not "employers" subject to suit on substantive discrimination counts. Retaliation under § 4112.02(I) remains the sole exception. Genaro v. Cent. Transp., Inc., 84 Ohio St. 3d 293 (1999), is superseded as to non-retaliation claims.
• Age discrimination uniformity. R.C. § 4112.051 unifies age-discrimination procedure with the rest of Chapter 4112 and removes the prior election-of-remedies trap that forced age plaintiffs to choose between OCRC and court at filing. Verify whether claim accrued before or after April 15, 2021 if the timeline straddles the amendment.
• Employer threshold. Four (4) or more employees (R.C. § 4112.01(A)(2)). Plead the threshold expressly to avoid 12(B)(6) challenges.
• Sexual orientation and gender identity. Ohio law does not expressly enumerate SO/GI as protected classes under § 4112.02. After Bostock v. Clayton County, 590 U.S. 644 (2020), federal Title VII covers SO/GI, and Ohio courts have applied Bostock-aligned "sex" theory to OCRA. Many Ohio municipalities (Columbus, Cleveland, Cincinnati, Toledo, Dayton, Akron, Athens, Yellow Springs, Bowling Green, etc.) have municipal ordinances expressly covering SO/GI; plead the applicable ordinance.
• Damages caps. R.C. § 2315.21 punitive cap (greater of 2x compensatory or $350,000/$700,000) applies broadly. R.C. § 2315.18 non-economic cap is contested as to OCRA — preserve. Federal Title VII caps under 42 U.S.C. § 1981a are tiered by employer size; § 1981 race claims have no federal cap.
• Forum. Common Pleas Court is the default. Federal court available via § 1331 federal-question jurisdiction over Title VII/§ 1981/ADA/ADEA, with supplemental jurisdiction over OCRA counts. Note removal risk if federal counts are pleaded.
• Service. Default service in Ohio Common Pleas is by certified mail through the Clerk of Courts (Ohio R. Civ. P. 4.1). Confirm statutory agent for corporate defendants via the Ohio Secretary of State business search.
• Preservation. Issue a litigation-hold letter at the earliest practicable date covering email, ESI, surveillance video, badge-swipe records, and personnel files. Ohio recognizes spoliation as an independent tort.

17. SOURCES AND REFERENCES

• Ohio Revised Code Chapter 4112 — https://codes.ohio.gov/ohio-revised-code/chapter-4112
• R.C. § 4112.02 (Unlawful discriminatory practices) — https://codes.ohio.gov/ohio-revised-code/section-4112.02
• R.C. § 4112.05 (OCRC charge procedure) — https://codes.ohio.gov/ohio-revised-code/section-4112.05
• R.C. § 4112.051 (Age discrimination procedure) — https://codes.ohio.gov/ohio-revised-code/section-4112.051
• R.C. § 4112.052 (Civil action — exhaustion, SOL, individual liability) — https://codes.ohio.gov/ohio-revised-code/section-4112.052
• R.C. § 4112.99 (Civil remedies) — https://codes.ohio.gov/ohio-revised-code/section-4112.99
• 2021 Am. Sub. H.B. 352 (Employment Law Uniformity Act, eff. April 15, 2021) — https://www.legislature.ohio.gov/legislation/133/hb352
• Ohio Civil Rights Commission — https://civ.ohio.gov/
• Ohio Rules of Civil Procedure — https://www.supremecourt.ohio.gov/rules/
• Genaro v. Cent. Transp., Inc., 84 Ohio St. 3d 293 (1999) (superseded as to non-retaliation individual liability)
• Cosgrove v. Williamsburg of Cincinnati Mgmt. Co., 70 Ohio St. 3d 281 (1994) (superseded as to SOL)
• Bostock v. Clayton County, 590 U.S. 644 (2020) (sex includes SO/GI under Title VII)
• Plumbers & Steamfitters Joint Apprenticeship Comm. v. OCRC, 66 Ohio St. 2d 192 (1981) (OCRA construction)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Ohio must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities, including the post-H.B. 352 Chapter 4112 framework, before use.