Federal military personnel enjoy the employment protections associated with USERRA (Uniformed Services Employment & Reemployment Rights Act) and ESGR (Employer Support of the Guard and Reserve). However, while the same protections for members of state defense forces are implied, there is no federal legislation providing job protection for members of the Ohio Military Reserve.
Because the OHMR is a state agency, such matters are addressed within Ohio Revised Code 4112.02 - Unlawful Discriminatory Practices, which states the following:
It shall be an unlawful discriminatory practice:
(A) For any employer, because of the race, color, religion, sex, military status, national origin, disability, age, or ancestry of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.
(B) For an employment agency or personnel placement service, because of race, color, religion, sex, military status, national origin, disability, age, or ancestry, to do any of the following:
Paid Leave For Public Employees
In accordance with Ohio Revised Code 5923.05, permanent public employees who are members of the Ohio organized militia or members of other reserve components of the armed forces of the United States, including the Ohio national guard, are entitled to a leave of absence from their respective positions without loss of pay for the time they are performing service in the uniformed services, for periods of up to one month, for each calendar year in which they are performing service in the uniformed services.
Equal Employment Opportunity
Soldiers in the Ohio Military Reserve are employees of the State of Ohio. As such, discrimination against any individual based upon protected status, defined as age, color, disability, genetic information, military status, veterans' status, national origin/ancestry, race, religion, sex or sexual orientation is prohibited. The only exceptions to this policy are in accordance with OHMR regulations where one might be determined to be medically unfit for duty or as having a disqualifying criminal background. For more information, see OHMR Regulation 600-21 (01 MAR 1999).