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A question was recently posed to one of our employment discrimination attorneys: Can men be sexually harassed? The answer is a definite yes. In fact, men can be sexually harassed by other men. The seminal case on point is the Ohio Supreme Court’s decision in Hampel v....
To prove a case of discrimination (race, gender, age, national origin, etc.) under Title VII of the Civil Rights Act of 1964 or Ohio’s R.C. § 4112.99, an employee must show an adverse employment action. The adverse action need not result in pecuniary loss, but must...
Former Dallas Fire-Rescue executive Leanne Siri sued the city for sexual harassment, discrimination and a hostile work environment in 2009. Siri alleged males employees, including supervisors, emailed her lewd photos and regularly referred to themselves as “pimps.”...
In yet another example of why the attorneys at Spitz, The Employee’s Law Firm advise our clients not to post on social media websites during the pendency of their lawsuits, a federal district court in Michigan upheld a hospital’s termination of an employee who posted...
Most of the people that come to visit our employment law lawyers have been unlawfully discriminated or wrongfully terminated by their employer. What most people don’t realize is that potential employees are protected under Title VII of the Civil Rights Act of 1964,...
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...
One of our wage and hour attorneys recently was asked by a third shift employee about the legal requirements to pay night shift employees a higher wage. Unfortunately, although many employers chose to pay higher wages through a “shift differential” to second or third...
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...
In Gonzalez v. Downtown La Motors, LP, the court tackled an interesting wage and hour claim. In this case, the employer compensated its automotive service technicians on a “piece-rate” basis for repair work and ensured that a technician’s total compensation for a pay...
As the attorneys at Spitz, The Employee’s Law Firm know, many employers commonly misclassify employees as “exempt” from the overtime provisions of the Fair Labor Standards Act (FLSA). “Exempt” means that the overtime provisions of the FLSA do not apply to you. One of...
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...