Pregnancy Discrimination & Maternity Rights

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 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...

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...

Retaliation: Now That’s A Lot Of Waffles!

It starts off like any good joke, two racist pigs walk into a Waffle House… They make racist comments and harass staff based on race. The employees turn to management for help, and the manager is left with the question: What should I do? Well, here are a few choices:...

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...