LGBTQ Discrimination

Is Morning Sickness A Disability For Pregnant Employees?

As our employment law attorneys have repeatedly blogged about, the definition of “disability” greatly expanded beyond that previously allowed under the Americans with Disabilities Act (“ADA”) when President Bush signed the Americans with Disabilities Act Amendments...

Military Discrimination: Returning Service Members Cannot Be Discharged For One Year Without Good Cause

Most employment attorneys know that Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to rehire military servicemembers that return from service to their same position or the position that would have been attained had they not been...

Age Discrimination: Employers Cannot Presume Older Applicants Cannot Do Physical Jobs

Even if a job requires physical labor, employers cannot reject applicants based on their age.  Take the case against Western Energy Services of Durango, Inc. (WESODI), who rejected the applications of potential employees, Dennis Thomas (age 61) and Eric Camron (age...

Disability Discrimination: When An Employer Fires An Employee After Being “Skeptical” About Her Disability.

The Americans with Disabilities Act (“ADA”) protects employees with disabilities from discrimination by the employer, and requires the employer to grant reasonable accommodations.  Employers have the right under the ADA to get medical documentation to confirm the...

Retaliation: Employers Cannot Fire Employees For Reporting Unlawful Discriminatory Conduct

Ohio (R.C. § 4112.99) and federal law (Title VII of the Civil Rights Act of 1964) prohibits an employer from retaliating against any employee that has opposed unlawful discrimination based on race, gender, national origin and other protected classes. Thus, male...

ADA: Hepatitis B Virus (HBV) Is A Disability

Since President Bush signed the Americans with Disabilities Act Amendments Act of 2008 (ADAA) on September 25, 2008, the definition of “disability” greatly expanded beyond that previously allowed under the Americans with Disabilities Act (“ADA”). The ADAA made...

Sexual Harassment Through Pasta? – Fire Official Claims Sexual Harassment After Receiving Genitalia-Shaped Pasta At Work.

The employment attorneys of Spitz, The Employee’s Law Firm often find that employees are harassed by their employers in a multitude of ways, some illegal and others simply unfair. Indeed, some forms of harassment against employees are more bizarre and out of the...

Religious Discrimination: Employers Don’t Talk To God.

So who among us has talked to G-d … and actually gotten a verbal response? Depending on your faith, there’s Moses, Abraham, Isaac, David, Joshua, Jacob, and some others on the list that I’m probably forgetting. However, I’m pretty certain that Peggy Scruggs, a dietary...

Sexual Harassment and Retaliation: What’s It Worth?

Our employment sexual harassment attorneys often monitor various case verdicts so that we know what cases are worth.  While we know how much our cases settle for, they are mostly covered by confidentiality provisions – which prevent us from using them in these blogs....

The Customer Isn’t Always Right

Catering to the request of a customer is not a defense to a racial discrimination claim. A recent case out of the U.S. Court of Appeals for the Seventh Circuit nicely illustrates this rule of law. In Chaney v. Plainfield Healthcare Center, the defendant, Plainfield...