Our employment attorneys are frequently asked if the Americans with Disabilities Act (ADA) covers individuals with a drug addiction. An employee currently using illegal drugs is not covered by the ADA. But, if the employee has kicked the habit or the company only...
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Disability Discrimination
The United States Supreme Court Re-Affirms Its Preference for Arbitration In Employment Discrimination Cases.
For employment lawyers, it is no secret that the Supreme Court loves alternative methods to dispute resolution, such as arbitration. In the recently handed-down, five-page opinion, in Nitro-Lift Technologies, LLC v. Howard, the Supreme Court affirmed its preference...
Employment Discrimination & Wrongful Termination: A Fixed Moment In Time.
Let’s start our scenario with the fact that the employee has been fired – it does not matter if it is based on race discrimination, gender discrimination, national origin discrimination, religious discrimination, disability discrimination, or retaliation for taking...
Employers Cannot Avoid Sexual Harassment And Discrimination Claims Simply By Having Anti-Discrimination Policies And Training Or Warning The Offender.
Bargain retailer Big Lots Stores Inc., a Columbus, Ohio-based retailer, recently to pay $155,000 to settle a sexual harassment lawsuit based on facts that our employment discrimination lawyers typically see. As alleged in the lawsuit, the store manager repeatedly...
Age Discrimination: Deciding The Appropriate Section of the Ohio Civil Rights Act To Base Your Claim
An action for age discrimination regarding employment can be maintained under three different statutes within the Ohio Civil Right Act, codified as R.C. § 4112.01 et seq. Before bringing a claim for age discrimination, however, it is important to note that the three...
Staffing Agencies and Employers Share Liability Under Employment Discrimination Laws
In a struggling economy, and with many Americans out of work, more and more people are turning to staffing agencies to find employment. And, many employers are concurrently using staffing agencies to find talent. A staffing agency is an organization that matches...
Naming Calling Leads To National Origin Discrimination Payment
Sticks and stones can break your bones, but name can make employers pay big money. Egyptian employee, Ahmed Elshenawy was just paid $95,000 by Sierra Pacific Industries after the company did nothing after reports of co-workers calling him “Osama,” “camel jockey,”...
What is an Adverse Employment Action Under Ohio Law?
In Ohio, to prevail on an employment discrimination claim or a retaliation claim, the employee must demonstrate that he or she suffered what is known as an “adverse employment action.” But one of the questions we as attorneys get asked a lot is what exactly...
American’s With Disabilities Act: Suicide Attempts
Like most people this time of year, I like to count my blessings for the things most important to me in life: my family, my health, and getting to do a job that I like while working with people that I like and respect. However, for a large percentage of our...
EEOC Recognizes Claims Regarding Discrimination Based on Transgender Identity
The Equal Employment Opportunity Commission issued a decision which finds that discrimination based on gender identity, change of sex, and/or transgender status is cognizable under Title VII. The case, Mia Macy v. Attorney General, did not weigh the merits of the...