Special CircumstancesOhio

What Are My Legal Options After Workplace Sexual Assault and Wrongful Termination in Ohio?

Reviewed by Antonio G. Jimenez, Esq.

Florida Bar No. 21022

Quick Answer

Ohio law provides multiple protections for sexual assault survivors, including civil protection orders under Ohio Rev. Code § 2903.214, wrongful termination claims, and filing with the Ohio Civil Rights Commission. Your union grievance rights, the pending protection order hearing, and the active police investigation all strengthen your position significantly.

What Protections Does Ohio Law Provide for Sexual Assault Survivors?

Ohio offers several legal pathways for survivors of sexual assault, even when the assault occurs in the workplace. Your existing ex parte civil protection order under Ohio Rev. Code § 2903.214 is an important first step — this statute allows any person who is a victim of sexual assault to petition for a protection order regardless of the relationship with the perpetrator. At your full hearing on April 2, the court can extend this order for up to five years.

According to the Ohio Alliance to End Sexual Violence, approximately 1 in 5 Ohio women experience sexual violence in their lifetime, and workplace assaults represent a significant but underreported subset of these incidents.

Can My Employer Fire Me for Being a Victim of Sexual Assault?

Ohio law and federal law both provide protections that may apply to your termination:

  • Title VII of the Civil Rights Act prohibits employers from retaliating against employees who report sexual assault or harassment in the workplace. Your employer's characterization of the assault as "consensual" does not override an active police investigation and pending protection order.
  • Ohio Rev. Code § 4112.02 prohibits employment discrimination based on sex and disability. Since you disclosed your dissociative identity disorder and related impairments during your HR report, terminating you raises potential disability discrimination concerns under both state law and the ADA.
  • Union protections — Because you have a union, you likely have access to a formal grievance and arbitration process. File a grievance immediately, as most collective bargaining agreements impose strict deadlines (often 5–15 days from termination).

The EEOC reports that approximately 75% of workplace sexual assault and harassment incidents go unreported, and retaliation claims have increased by over 30% in the past decade.

What Steps Should I Take Right Now?

Your situation involves multiple overlapping legal issues. Here is a priority-ordered list of actions:

  1. File a union grievance immediately — Do not wait. Contact your union steward or representative today and provide documentation of your termination, the police report number, and your protection order.
  2. File with the EEOC and Ohio Civil Rights Commission — You can file a dual charge of retaliation and disability discrimination. Ohio has a 2-year filing deadline under Ohio Rev. Code § 4112.02, but federal EEOC deadlines are 300 days.
  3. Document everything — Preserve the written termination notice (especially the "consensual" language), all HR communications, medical records, therapy records, and the police report.
  4. Apply for unemployment benefits — Under Ohio Rev. Code § 4141.29, you may be eligible for unemployment even after termination if you were discharged without just cause. Your employer's stated reason may not hold up when challenged with your police report and protection order evidence.
  5. Consult a plaintiff's employment attorney — Many employment lawyers in Ohio handle sexual assault retaliation cases on contingency. You should also consider consulting a family law attorney experienced with protection orders to prepare for your April 2 hearing.

How Does the Protection Order Hearing Work?

At the full hearing, you will need to demonstrate by a preponderance of the evidence that the sexual assault occurred. The evidence in your favor includes the police report, phone records in police custody, your medical and therapy documentation, and the security footage your employer referenced. An Ohio divorce and family law attorney experienced in protection order proceedings can represent you at this hearing.

If the full protection order is granted, violations carry criminal penalties under Ohio Rev. Code § 2919.27, including potential felony charges for repeat violations.

Are There Financial Resources Available?

The Ohio Attorney General's Crime Victim Compensation Program may cover therapy costs, lost wages, and medical expenses related to the assault. Ohio crime victim compensation can provide up to $50,000 for eligible expenses. Additionally, your local rape crisis center can connect you with free legal advocacy — the Ohio Alliance to End Sexual Violence maintains a statewide directory of resources.

You are navigating an extraordinarily difficult situation, but the legal evidence — an active police investigation, phone records, a granted ex parte protection order, and documented disabilities — positions you to pursue multiple avenues of accountability. An experienced attorney can help you understand your full range of options and coordinate across criminal, civil, and employment proceedings.

This information is for educational purposes only and does not constitute legal advice. Please consult a qualified attorney for guidance specific to your situation.

Legal Disclaimer

This information is for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction. Consult a licensed family law attorney for advice specific to your situation.

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