Ohio Prohibition against Military and Uniformed Services Employment Discrimination

posted by Neil Klingshirn  |  Jul 14, 2009 8:31 PM [EST]  |  applies to Ohio

Ohio USERRA

In 2008 Ohio enacted its own veteran's protection laws, which created the Department of Veterans' services and an Ohio private employment
claim, found at ORC 5903.02:

Any person whose absence from a position of employment is necessitated by reason of service in the uniformed services or in the Ohio organized militia has the same reinstatement and reemployment rights in this state that a person has under the "Uniformed Services Employment and Reemployment Rights Act of 1994." A person who is denied a reinstatement or reemployment right pursuant to this section has a cause of action for the same remedies as a person has under the "Uniformed Services Employment and Reemployment Rights Act of 1994." The court of common pleas, notwithstanding any sum limitation established by decision of a board of county commissioners pursuant to section 2305.01 of the Revised Code, shall have exclusive original jurisdiction for such actions, unless the defendant is the state, in which case the court of claims shall have exclusive original jurisdiction pursuant to division (C) of this section.

(C) A person who seeks reinstatement or reemployment rights with the state, pursuant to this section, may bring an action in the court of claims pursuant to this section or section 4323 of the "Uniformed Services Employment and Reemployment Rights Act of 1994."

Ohio also amended ORC 4112.02 to include "military status" as a protected class.

References

  1. US DOL eLaws
  2. ORC 4112.02

posted by Neil Klingshirn  |  Jul 14, 2009 8:31 PM [EST]  |  applies to Ohio

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