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The employment attorneys at Spitz, The Employee’s Law Firm recently met with a client who posed an interesting question: can an employer legally require an applicant for employment to perform a strength or agility test prior to hiring him or her? The answer – as the...
Derrick Morgan was hired as a crew member at a McDonald’s franchise and then promoted to shift supervisor, where he successfully preformed all his job duties despite having cerebral palsy. Within a few months of Alia Corporation, which operates over 20 McDonald’s...
Black, Red, White, Blue, Green. It doesn’t matter. Title VII of the Civil Rights Act of 1964 protects all employees from race discrimination. Title VII, as well as Ohio’s R.C. § 4112.99, prohibits discrimination against any race, any religion, any national origin, and...
On February 4, 2013, I wrote a blog explaining how the Sixth Circuit Court of Appeals considers an employer’s changing rationale for making an adverse employment decision against an employee to be strong evidence of pretext -ie- a manufactured non-discriminatory...
As our employment law attorneys have repeatedly blogged about, the definition of “disability” greatly expanded beyond that previously allowed under the Americans with Disabilities Act (“ADA”) when President Bush signed the Americans with Disabilities Act Amendments...
Most employment attorneys know that Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to rehire military servicemembers that return from service to their same position or the position that would have been attained had they not been...
Even if a job requires physical labor, employers cannot reject applicants based on their age. Take the case against Western Energy Services of Durango, Inc. (WESODI), who rejected the applications of potential employees, Dennis Thomas (age 61) and Eric Camron (age...
The Americans with Disabilities Act (“ADA”) protects employees with disabilities from discrimination by the employer, and requires the employer to grant reasonable accommodations. Employers have the right under the ADA to get medical documentation to confirm the...
Ohio (R.C. § 4112.99) and federal law (Title VII of the Civil Rights Act of 1964) prohibits an employer from retaliating against any employee that has opposed unlawful discrimination based on race, gender, national origin and other protected classes. Thus, male...
Since President Bush signed the Americans with Disabilities Act Amendments Act of 2008 (ADAA) on September 25, 2008, the definition of “disability” greatly expanded beyond that previously allowed under the Americans with Disabilities Act (“ADA”). The ADAA made...