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In the ever-changing landscape of employment law, it's crucial to stay informed about your rights and legal options. Today, let's dive into a recent case that underscores the importance of understanding the nuances of workplace discrimination, retaliation, and the...
The recent case of Sinico v. Commonwealth of Pennsylvania, 2024 WL 510521 (3rd Cir. Feb 9, 2024), provides a good example of employees needing to understand how to navigate and timely make requests for medical leave under the Family and Medical Leave Act (“FMLA“)....
Ashley Bush served as the head coach for the girls’ basketball team at Frederick High School. On February 5, 2020, several members of the varsity team decided to leave the team, alleging that Bush had been treating them abusively. Despite an investigation by the...
What does pretext mean? In the context of wrongful termination or employment discrimination, pretext refers to a situation where an employer provides a false or misleading reason for terminating an employee. This reason is presented as the official justification for...
How do you prove a failure to accommodate under the ADA? The Americans with Disabilities Act prohibits employers from discriminating against employees based on their disability. Discrimination, as defined by the ADA, includes the failure to provide reasonable...
Today, our employment discrimination lawyers delve further into the concept of pretext – which is the employee’s burden to show that the employer’s stated reason for termination is false or did not really motivate the employer’s decision. We do so by looking at the...
Over the past week, our wrongful termination and employment discrimination attorneys have blogged about the problems that arbitration agreements cause for employees and possible ways to fight your way out of them. (See Arbitration Agreements Are Bad For Employees; Am...
Many employees don’t even realize they signed an arbitration agreement at the beginning of their employment and are surprised when the employer attempts to use it to block a lawsuit from moving forward. Our employment discrimination lawyers recently blogged about why...
Let’s start off with the undisputed truth: Arbitration is bad for employees. In March 2022, in a bipartisan effort, Congress enacted, and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act into law that precludes employers...
How do you prove wrongful termination? To establish a claim for wrongful termination, four elements are necessary when direct evidence is lacking: (1) the employee belonged to a protected class, (2) the employee was qualified for the job, (3) the employee was fired,...
In the legal arena, where reality often rivals fiction in its twists and turns, the case of Collins v. Kansas City Missouri Pub. Sch. Dist. serves as a reminder that employment discrimination law isn’t always black and white. Meet Albert Collins, a dedicated employee...
Will the EEOC’s update to its enforcement guidance help employers address issues related to the LGBTQ+ community? Probably not, but it is a great start. Across the United States, sexual orientation and gender identity remain subjects of extensive debate and political...
While outdoor cooking of shellfish has been legal for decades, Ohio voters are now adding to their palates a new herb. Recreational marijuana becomes legal in Ohio as of December 7, 2023. Medical marijuana has been authorized since 2016, allowing patients who have...
Corky and Lenny’s was a staple restaurant on Cleveland’s east side. The Jewish deli in Woodmere, Ohio was known for its delicious food, such as its Matzoh ball soup, and living up to its motto, “where people meet to eat.” Unfortunately, according to a recent lawsuit...
In our last blog post, our employment discrimination lawyers discussed the egregiously racially hostile work environment was presented in Banks v. Gen. Motors, LLC, No. 21-2640, 2023 WL 5761361 (2d Cir. Sept. 7, 2023); and how the District Court Judge still through...
Today, we focus on hostile environment claims based on both race/color discrimination and gender discrimination under Title VII of the Civil Rights Act of 1964. To do so, we consider the recent case of Banks v. Gen. Motors, LLC, No. 21-2640, 2023 WL 5761361 (2d Cir....