Disability Discrimination

Avoid Missed Deadlines: Win Your Wrongful Termination Case

Have you ever felt like your employer is not very clear or sending you mixed signals? Statutes of limitations can make or break your wrongful termination or employment discrimination claim, especially when those mixed signals cause confusion about when the clock...

The Disappointing Truth About Filing With the EEOC

Every year, like clockwork, the Equal Employment Opportunity Commission (“EEOC”) reminds us just how out of touch it is with the realities faced by ordinary workers. The 2024 Annual Performance Report and the Office of General Counsel’s Fiscal Year 2024 Annual Report...

A stressed employee at a desk, representing workplace tension and hostile work environments.

Can You Prove a Hostile Work Environment Without Major Harm?

Yes, you can. The legal standard for hostile work environment claims has evolved, making it easier for employees to prove their claims. In McNeal v. City of Blue Ash, Ohio, 117 F.4th 887 (6th Cir. 2024), the United States Court of Appeals for the Sixth Circuit...

Yes, You Can Be Fired for Marijuana Use—Even If You Have a Disability

Think you are untouchable at work because marijuana is legal in your state? Think again. Employers can—and often do—enforce drug-free workplace policies regardless of state laws. This stark reality played out in the case of Sharon Mundy v. City of Pittsburgh 2024 WL...

Taking Care of Business: Can my Employer Dock my Pay for Bathroom Breaks?

This is not the first time that Spitz has paid a visit to the porcelain throne to consider the law’s response to nature’s call. However there’s never an inappropriate time to use the head (on our shoulders!) and reconsider this issue. Does my employer have to make a...

Can A Job Transfer Constitute Discrimination?

Best Adverse Employment Action Attorney Answer: Most of time when someone is contacting us regarding their potential legal claims against an employer, they are doing so because they were wrongfully terminated.  But what if you were not terminated, but instead were...

A worker consulting with a doctor about FMLA leave and ADA accommodations.

Medical Leave: Can I Get More Under ADA After FMLA Expires?

As employee’s rights attorneys are fond of saying, it depends. When your leave under the Family and Medical Leave Act (“FMLA”) ends but your health still prevents you from returning to work, you might qualify for additional protections under Americans with...

One More Reason Representing Yourself In Employment Discrimination Cases Is Bad

It happens from time to time. A client or a party representing themselves has what they think is a brilliant idea – “I will just write a letter to the judge or the court and explain my situation and they’ll understand.” This type of ex parte communication (talking to...