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LGBTQ Discrimination

Employment Discrimination: Refusal to Hire

On Behalf of Brian Spitz | May 23, 2013 | Age Discrimination, Disability Discrimination, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Whistleblower Claims

Most of the people that come to visit our employment law lawyers have been unlawfully discriminated or wrongfully terminated by their employer. What most people don’t realize is that potential employees are protected under Title VII of the Civil Rights Act of 1964,...

Moonlighting: A Perfect Example of What Employees Cannot Do While Using FMLA Leave.

On Behalf of Brian Spitz | May 22, 2013 | Age Discrimination, Disability Discrimination, Family Medical Leave Claims, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination

The Family and Medical Leave Act (“FMLA”) was enacted to provide employees with unpaid leave from work in order to address and/or treat serious health conditions suffered by themselves or a close family member, so it follows logically that, if you need to use FMLA...

Ohio’s Anti-Discrimination Statute Does Not Include Sexual Orientation

On Behalf of Brian Spitz | May 21, 2013 | Age Discrimination, Disability Discrimination, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Sexual Harassment

The Ohio Civil Rights Act’s prohibition on sex discrimination does not include sexual orientation harassment. That’s what the Ohio Court of Appeals for the Seventh District recently held in Inskeep v. Western Reserve Transit Authority. In Inskeep, plaintiff Matthew...

Retaliation Claims: Surviving When Then Underlying Claim Fails

On Behalf of Brian Spitz | May 20, 2013 | Age Discrimination, Disability Discrimination, Family Medical Leave Claims, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Whistleblower Claims, Workers' Compensation Retaliation

One of the worst arguments that our employment lawyers hear from employer-side attorneys is as follows: “Because there is not enough evidence to support a sexually hostile work environment, all the claims go away, even the retaliation claims.” Or, something like:...

Pregnancy Discrimination: Employers Just Can’t Help Themselves

On Behalf of Brian Spitz | May 17, 2013 | Age Discrimination, Disability Discrimination, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination

Under the Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, discriminating against pregnant women is an expressly unlawful form of gender discrimination. This should be clear by now. Yet, when Tara J. Smith, who was working...

Disability Discrimination: New Managers Cannot Change Determination

On Behalf of Brian Spitz | May 16, 2013 | Age Discrimination, Disability Discrimination, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination

John Woods had a traumatic brain injury, but had long been able to work as a server at Outback Steakhouse. Outback had determined that he was able to perform the central job functions and let him work. But, when a new manager took over, she fired John for not being...

Are Pre-Employment Strength/Agility Tests Legal?

On Behalf of Brian Spitz | May 14, 2013 | Age Discrimination, Disability Discrimination, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination

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...

Disability Discrimination: The Squeeze From Shift Supervisor To Janitor To No Hours

On Behalf of Brian Spitz | May 13, 2013 | Age Discrimination, Disability Discrimination, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation

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...

Race Discrimination: Title VII Protects All Races, Even Whites

On Behalf of Brian Spitz | May 9, 2013 | Age Discrimination, Disability Discrimination, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination

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...

Further Affirmation from the Sixth Circuit Court of Appeals that Employers’ “Changing Stories,” regarding an Employee’s Termination, will be considered Strong Evidence of an Illicit Motive.

On Behalf of Brian Spitz | May 7, 2013 | Age Discrimination, Disability Discrimination, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination & Maternity Rights, Race Discrimination, Religious Discrimination

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...

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