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Employment Discrimination

Was I Constructively Discharged?

by Brian Spitz | Mar 12, 2024 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Wrongful Termination

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,...

Title VII Doesn’t Protect Against All Retaliation

by Brian Spitz | Mar 7, 2024 | Employment Discrimination, Employment Law, Race Discrimination, Retaliation, Wrongful Termination

In the legal arena, where reality often rivals fiction in its twists and turns, the case of Collins v. Kansas City Missouri Pub. Sch. Dist. serves as a reminder that employment discrimination law isn’t always black and white. Meet Albert Collins, a dedicated employee...

EEOC Releases Revised Anti-Harassment Guidelines for Sexual Orientation and Gender Identity

by Patricia Brandt | Mar 5, 2024 | Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, LGBTQ Discrimination, Retaliation, Sexual Harassment, Sexual Orientation Discrimination, Wrongful Termination

Will the EEOC’s update to its enforcement guidance help employers address issues related to the LGBTQ+ community? Probably not, but it is a great start. Across the United States, sexual orientation and gender identity remain subjects of extensive debate and political...

After Issue 2, Ohioans Are Ready for Clam Baking

by Patricia Brandt | Feb 29, 2024 | Disability Discrimination, Employment Discrimination, Employment Law, Family Medical Leave Claims, Retaliation, Workers' Compensation Retaliation, Wrongful Termination

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...

What Is Considered A Racially Hostile Work Environment?

by Brian Spitz | Sep 19, 2023 | Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Race Discrimination, Sexual Harassment

In our last blog post, our employment discrimination lawyers discussed the egregiously racially hostile work environment was presented in Banks v. Gen. Motors, LLC, No. 21-2640, 2023 WL 5761361 (2d Cir. Sept. 7, 2023); and how the District Court Judge still through...

The Best Employment Discrimination Cases Still Have Risk

by Brian Spitz | Sep 14, 2023 | Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Race Discrimination, Sexual Harassment

Today, we focus on hostile environment claims based on both race/color discrimination and gender discrimination under Title VII of the Civil Rights Act of 1964. To do so, we consider the recent case of Banks v. Gen. Motors, LLC, No. 21-2640, 2023 WL 5761361 (2d Cir....

Yes, You Can Be Fired For Sexually Harassing Multiple Women At Work

by Brian Spitz | Sep 12, 2023 | Employment Discrimination, Employment Law, Federal Law Update, Race Discrimination, Sexual Harassment, Wrongful Termination

It is human nature to root for good over evil; for morality to triumph over inequity; and for light to drown out the darkness. For this reason, most stories portray the plight of a hero fighting against the villain. This is not one of those stories. This is the tale...

Yes, You Can Be Denied A Promotion If You Refuse To Move To Where The Job Is Located

by Brian Spitz | Sep 7, 2023 | Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Retaliation, Wrongful Termination

Imagine this scenario: You’ve put in years of hard work and dedication, mastering your role, and striving for that coveted promotion. You believe you deserve it, you’ve earned it, and yet, it slips through your fingers. Your mind races, searching for answers, and...