Gender Discrimination

Clock ticking down as employee rushes to meet a legal deadline.

Can I File My Discrimination Lawsuit More Than 90 Days After I Get Right To Sue Letter?

You can cook pasta, watch an epic sitcom scene, or jam out to “Free Bird” or “Purple Rain” in about 8 minutes. You can even listen to Don McLean’s “American Pie” before things go off the rails. And in 8 minutes, you can also change your future — for better or for...

Yes, You Can Be Fired for Secretly Recording, Skipping Work, Coming Late, And Interviewing Elsewhere

In Bashaw v. Majestic Care of Whitehall, LLC, 2025 WL 700169 (6th Cir. Mar. 5, 2025), Kirstyn Bashaw, a Director of Social Services at Majestic Care, alleged she was wrongfully terminated in retaliation for being a whistleblower and reporting patient-care concerns and...

What are “Administrative Remedies” and How Do I “Exhaust” Them?

If you are a longtime reader of this blog, you will already know that Ohio’s scheme of civil rights protections is set forth in R.C. Chapter 4112. Further, you may be aware that R.C. § 4112.02 prohibits multiple forms of discrimination based on race, color, religion,...

After-Acquired Evidence: Can What They Don’t Know Still Hurt You?

Which Motive Applies? Plus, Mixed Motive, and Alternative Claims Employment law, like any field dealing with the examination of people’s actions, can be a complex field. We recently looked over: “Plus” claims, where your employer discriminates against you due to your...

Yes, You Can Be Denied a Job If You Miss the Application Deadline

How Do You Prove Discriminatory Failure to Hire? Proving that an employer unlawfully refused to hire you based on race, gender, age, or other forms of discrimination requires following the McDonnell Douglas burden-shifting framework as first established by the United...

What Does Ohio’s New Anti-SLAPP Law Mean For Employees?

When brave employees stand up against employment, harassment, or retaliation, they often expect the employer to deny the claims. But increasingly, we’re seeing a disturbing trend: employers filing defamation counterclaims designed not to win, but to punish the...

Yes, You Can Be Fired For Doing Ten Things Wrong Even If You Did Two Things Right

Can I Be Fired Even If I Did Some Things Right? Yes, your employer can legally fire you for performance issues—even if you had some successes along the way. That is exactly what happened in Uttarwar v. Lazard Asset Management LLC, 2025 WL 704278 (2d Cir. 2025), where...

How A Bad Attorney Can Sink Your Case

I remember going up and playing kickball in the yard. Inevitably, something would go wrong and one of use would yell, “do over!” Everyone would then start over. There are no do overs in litigation. When your lawyer fails, your case fails. A strong employment...

A confused worker holding a job application, wondering if they are protected under employment law.

Title VII Does Not Protect Non-Employees: Know If You Are Covered

Many workers assume that if they face employment discrimination, they can march into court with a lawsuit and get justice. But here is the harsh reality—Title VII of the Civil Rights Act of 1964 only protects employees, not independent contractors, business owners,...

A concerned employee reviewing legal documents about an employment discrimination case.

What Is Administrative Exhaustion, and Why It Matters in Employment Cases?

If you believe your employer discriminated against or harassed you or wrongfully fired you, your reflexive reaction might be to immediately run to the court with a lawsuit in hand yelling “I’m going to sue you!” However, this may cause many problems for employees....