Ohio § 4112.054

§ 4112.054.

(A) As used in this section: (1) “ Tangible employment action ” means an action resulting in a significant change in employment status, such as

hiring, firing, failing to promote, reassignment with significantly different responsibilities,

or a decision causing a significant change in benefits. (2) “ Hostile work environment sexual harassment claim ” means a charge filed pursuant to section 4112.051 of the Revised Code or a civil action filed pursuant to section 4112.052 of the Revised Code that alleges an unlawful discriminatory practice relating to employment because of

sex on the basis of sexually harassing behavior that did not result in a tangible

employment action. (B) An employer may raise an affirmative defense to vicarious liability to an employee

resulting from a hostile work environment sexual harassment claim in which the hostile

work environment was created by a supervisor with immediate or successively higher

authority over the employee, if the employer proves both of the following by a preponderance

of the evidence: (1) The employer exercised reasonable care to prevent or promptly correct any sexually

harassing behavior. (2) The employee alleging the hostile work environment unreasonably failed to take advantage

of any preventive or corrective opportunities provided by the employer or to avoid

harm otherwise. (C) The affirmative defense set forth in this section is not available to an employer

if the supervisor's harassment resulted in a tangible employment action against the

employee.