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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...
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...
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:...
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...
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...
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...
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...
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...
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...
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...