Military Status Discrimination

Age Discrimination: A Severance Agreement May Not Block Claims

Some employers try to avoid claims for illegally discharging employees by offering a severance agreement.  In most cases, even if the employer offers a nominal amount, say $100, and the employee accepts it and signs a release waiving claims, those claims are gone...

Disability Discrimination: Medical Leave Can Be A Reasonable Accommodation Under The ADA

A big misconception among employees is that they are only entitled to unpaid medical leave if both they and their employer qualify under the Family Medical Leave Act (“FMLA”). Our employment lawyers know that this is simply not true. Under the Americans with...

Can a Plaintiff Obtain an Injunction in an Employment Discrimination Case?

In most of the employment discrimination cases that our employment law firm sees, the plaintiff-employee is seeking money damages. In these types of cases, the most common barometer of damages is the plaintiff’s back-wages and lost benefits. But what if the plaintiff...

The Employment Non-Discrimination Act.

As an employment discrimination attorney, I severely dislike informing potential and current clients that it is technically not illegal, in Ohio or on a Federal level, for employers to discriminate against potential and/or current employees based upon their sexual...

Age Discrimination: A Good Verdict.

Dr. Zane Hurkin was hired at the age of 81, and then fired 8 days later. Dr.Hurkin’s employment discrimination lawsuit avers that his supervisor asked him a number of age-related questions during the job interview in January 2010 including, “Why do you want to work at...

The Sixth Circuit Affirms that Holding Supervisors and/or Managers to a Higher Standard than Non-Supervisory Employees is not Circumstantial Evidence of Discrimination.

As employment law attorneys, we regularly are encounter situations in which employees believe that they were not treated equally, in respect to their fellow coworkers.  What few people employees realize, however, is that the complained about treatment must be applied...

Race & Gender Discrimination: Can Employees Sue Unions For Employment Discrimination?

This question was recently posed to our employment discrimination lawyers.  The answer is yes. Title VII of the Civil Rights Act of 1964 makes it unlawful for a labor organization to “discriminate against” or “fail or refuse to refer for employment any individual, in...

Disability Discrimination: Requirement For An individualized Inquiry Regarding The Disabled Employee’s Abilities

Let’s start off acknowledging something. I’m sure that many readers, whether employers or even employees, still think that that deaf people cannot ever safely be lifeguard.  Before we get to the legal analysis part of this blog, consider this: “The world record for...

Disabled Employees and Reasonable Accommodations Discrimination

One of the questions the attorneys at the Spitz Law Firm are frequently asked is what accommodations must an employer make for a disabled employee? The answer – not surprisingly – depends on the employee’s disability, as well as the particular facts and circumstances...

New Clarification on 90-Day Statutes of Limitations Contained in EEOC Right to Sue Letters

Many employees choose to file complaints of harassment and/or discrimination with the Equal Employment Opportunity Commission (“EEOC”) after being subjected to illegal employment practices in the workplace.  More often than not, and EEOC investigation results in the...