Disability Discrimination

Arbitration Agreements Are Bad For Employees

Let’s start off with the undisputed truth: Arbitration is bad for employees. In March 2022, in a bipartisan effort, Congress enacted, and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act into law that precludes employers...

Was I Constructively Discharged?

How do you prove wrongful termination? To establish a claim for wrongful termination, four elements are necessary when direct evidence is lacking: (1) the employee belonged to a protected class, (2) the employee was qualified for the job, (3) the employee was fired,...

After Issue 2, Ohioans Are Ready for Clam Baking

While outdoor cooking of shellfish has been legal for decades, Ohio voters are now adding to their palates a new herb. Recreational marijuana becomes legal in Ohio as of December 7, 2023. Medical marijuana has been authorized since 2016, allowing patients who have...

Discriminatory Failure To Promote Claim Relies On Being A Markedly Superior Candidate

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment based on race/color, religion, gender, gender identity, sexual orientation, and national origin. When it comes to failure to promote claims under Title VII, if an employer asserts...

The Best Employee’s Rights Law Firm Reflects on the 60th Anniversary of MLK Jr.’s “I Have a Dream” Speech: A Glimpse into Today’s Employment Civil Rights

Six decades ago, on August 28, 1963, Martin Luther King Jr. delivered his iconic "I Have a Dream" speech, a powerful call for racial equality and justice. His speech echoed the aspirations of millions striving for equality and an end to racial segregation. His words...

Judges May Have Discriminatory Bias Too

Let me start off by saying that I truly believe that the United States has the best justice system in the world. With that said, our justice system is far from perfect. When it comes to pursuing an employment claim, it's important to keep in mind that the justice...

Yes, You Can Be Fired For Refusing To Work: The Tale of Rutledge’s Morning Standoff

Welcome, dear readers, to a compelling discussion in the world of employment law. Today, our disability discrimination and FMLA attorneys delve into the intriguing case of Rutledge v. Board of County Commissioners of Johnson County, Kansas, where an employee’s refusal...

Reductions In Force and Employer Liability Under Title VII, ADEA, and ADA

Unfortunately, in today’s economy, businesses are having financial issues. According to the Wall Street Journal, recession fears has prompted Facebook parent Meta, Alphabet, Microsoft and Goldman Sachs to cut employees. CNN further reports that companies such as...

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