Proving Discrimination

[cbg]

Your employer has a medical file on you?

If you mean your personnel file, you can request it, but in Ohio it's up to the employer whether to release it or not. And that would be true even while you were still employed.

If you really do mean your medical file, your doctor has that and you can discuss it with him.

 

[nvJob]

** Your employer has a medical file on you?**

I believe so. In Ohio, if Im not mistaken, they have two files on you, and all medical docs are in a seperate file. My union rep requested a complete copy of 'my file' the day I got terminated. None of my medical docs were in what they gave us.

**If you mean your personnel file, you can request it, but in Ohio it's up to the employer whether to release it or not. And that would be true even while you were still employed.**

Ok thanks cbg, can you point me to exactly where such laws in Ohio can be found?

 

[justalayman]

right here:

Lawriter - ORC

 

[cbg]

No, I can't. That's because there are no such laws in Ohio. It's not that there is a law giving the employer permission to withhold file access; it's that there are no laws requiring that they grant it.

In the absence of a law saying one way or another, it's up to the employer.

 

[nvJob]

** No, I can't. That's because there are no such laws in Ohio. It's not that there is a law giving the employer permission to withhold file access; it's that there are no laws requiring that they grant it.**

Ok thanks cbg, I see what you mean. Now is it that you are *not aware* of such a law in Ohio? Or is it that you *know* such a law does not exist in Ohio? If you have confirmed it, I will take your word for and not search through the site justalayman kindly provided, thx btw.

 

[cbg]

I KNOW that such a law does not exist in Ohio. 100% positive.

 

[nvJob]

Ok great thx. Think Im still going to go there and give them the opportunity to give me a copy upon my request so they cant say I didnt ask later.

 

[cbg]

No reason not to ask. They may allow it. It's just that they can't be compelled to, short of a subpoena.

 

[nvJob]

Hey is the clock still rolling for filing other complaints even after an EEOC complaint has been filed?

 

[cbg]

WHAT other complaints? (bang head here)

You are still bound by the time limits of other agencies even if you've filed with the EEOC.

 

[nvJob]

Not other 'different' complaints, but the same complaints with other agencies yes. I think ODOL is 90 days or so, should I file with them to or is that like stepping on the EEOC's toes? What other agencies should I file with if any? (rubbing ointment on cbg's head, it gets banged alot!)

 

[cbg]

I believe I said this once before. I will say it again.

The Department of Labor does not deal with discrimination complaints. You do not file a discrimination complaint with the Ohio DOL. Not because it would be stepping on the EEOC's toes, but because discrimination issues are not the DOL's jurisdiction. You would be wasting your time to file with the DOL because they DO NOT HANDLE THIS KIND OF ISSUE.

Have we got it now?

 

[eerelations]

cbg has very kindly told you this several times. Why are you continuing to ask her about this? If your memory is so bad you keep forgetting what she's said, why don't you just re-read her original responses?

 

[nvJob]

Thanks you two, I do apologize, my condition does affect my comprehension and ability to retain information. Im having several different coversations atm with all kinds of different people / screen names I dont even know and mixed with the emotional / mental trauma of (potentially) losing everything I have, reading tons of legal information and asking houndreds of questions, unable to hardly sleep Im lucky to know my own name right now. Im asking several questions at several places to get several opinions. I simply cant remember who Ive already asked at times. I dont know where in all the different threads I already asked a specific question or if thats even the thread or site or persons I asked etc. I try to browse through them as best I can so as not to ask the same questions etc., so please try to understand. Theres always more to a persons situation.

 

[cbg]

If you absolutely must file with a second agency it would be the Ohio Commission for Human Rights. However, the ONLY way it would benefit you to do this, would be if there were a state protection that did not exist under the EEOC. Which, in Ohio, is unlikely. Not impossible, but unlikely.

Unless you have a third thread going that I haven't seen, and I'm on half a dozen boards, the person you are talking to mostly in your other thread is me.