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The Ohio Supreme Court just issued very important decision for plaintiffs in Ohio today. Specifically, in Cruz v. English Nanny & Governess School, 2022-Ohio-3586, the Ohio Supreme Court held that where a plaintiff is awarded attorneys’ fees at trial, the...
It is important to remember that employment laws define a narrow scope of protections for employees. Between Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (“ADA”), and the Age Discrimination in Employment Act of 1967 (“ADEA”),...
As our readers know, Title VII of the Civil Rights Act of 1964 makes it unlawful for employer to discriminate in employment decisions based on an employee’s based on race/color, religion, sex (including pregnancy and LGBTQ+ status), national origin, age, and...
“My employee just sued me!” If you are reading this, you are probably the owner, CEO, manager or boss at a company and just had the person that gathers the mail or faxes run into your office with a notice of claims that one of your employees is suing or threatening to...
No one wakes up in the morning hoping to get wrongfully fired and need to hire an attorney. However, if you are searching “what should I do if I was fired from my job today,” the answer is to find the most experienced and best employment lawyers that you can find....
What does the ADA do? Workplace Disability Lawyer Answer: As frequent readers of our blog now know, the Americans with Disabilities Act (“ADA”) requires employers to provide qualified employees or applicants with reasonable accommodation unless to do so would cause...
@falicityshyannn ♬ original sound - Falicity This is a TikTok from a disgruntled CVS worker that had her manager chase her into the parking lot after she clocked out at the end of her scheduled shift because her replacement was late and there was no hourly employee...
Whether your religious institution employer can get away with discrimination based on a sincerely held religious belief most often depends on whether it qualifies for what is called the “ministerial exception.” This is an issue that arises regularly for members of our...
The Family and Medical Leave Act (“FMLA”) provides qualifying individuals the right to take up to 12 weeks of unpaid leave to attend to personal or certain family medical issues. Additionally, the FMLA prohibits employers from retaliating against employees for taking...
A recent decision out of the United States Court of Appeals for the Eleventh Circuit caught my eye. Not because of the facts of the case, which were rather pedestrian (a patrol office filed a race discrimination claim because he was investigated and issued a coaching...
How do I show disability discrimination by my job against me under the ADA? Disability Discrimination Lawyer Answer: The Americans with Disabilities Act (“ADA”) prohibits employers from “discriminat[ing] against a qualified individual on the basis of disability” in...
Generally, a statute of limitations is a time limit for filing charges against another party. Under Title VII of the Civil Rights Act of 1964, an employee or applicant has 180 calendar days from the day the discrimination took place to file a charge with the Equal...
Ahh, the Federal Arbitration Act (“FAA”), stripping rights from employees since 1925! While it was created as an alternative to litigation with the hopes of making a resolution faster and easier in commercial disputes, it was judicially broadened to cover all disputes...
Under the Americans with Disabilities Act (“ADA”), there is a provision that prohibits actions that interfere with an employee’s rights in the workplace. The provision is a “catchall” that bars an individual from unlawfully coercing, intimidating, threatening, or...
The concept of what a central job function is complex. So, for today’s legal blog we are going to use a recent United States Court of Appeals for the Fifth Circuit opinion in the case of Equal Opportunity Commission v. Cash Depot, LTD, No. 21-20515, 2022 WL 3644186,...
Today, we start with what should be the obvious premise that not all disabilities can be accommodated to do all jobs and the Americans with Disabilities Act (“ADA”) does not require that. In order to prove a failure to accommodate claim, “a plaintiff must show that...