Ohio Statute Prohibits Retaliation Against Employees for Taking Reasonable Amount of Time to Vote on Election Day (or Refusing to Vote).

Ohio Revised Code § 3599.06 provides that “[n]o employer, his officer or agent, shall discharge or threaten to discharge an elector for taking a reasonable amount of time to vote on election day; or require or order an elector to accompany him to a voting place upon such day; or refuse to permit such elector to serve as an election official on any registration or election day; or indirectly use any force or restraint or threaten to inflict any injury, harm, or loss; or in any other manner practice intimidation in order to induce or compel such person to vote or refrain from voting for or against any person or question or issue submitted to the voters.” Violations of the statute can result in fines of “not less than fifty nor more than five hundred dollars.”

This statute is more than fifty years old and pre-dates the new early voting procedures and long lines of four hours on election day. There has been some question of whether an employer can require an employee to vote before or after work (since the polling places open at 6:30 a.m. and close at 7:30 p.m.). However, there have been no reported cases interpreting this statute, which would, in any event, prohibit an employer from retaliating against an employee who waited in line for hours in order to vote before work.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.