Most federal anti-discrimination laws, such as Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act, do not allow aggrieved employees to sue the individual supervisors who are responsible for discriminating against them or terminating them. Under federal law, mistreated employees can only sue the employers, many of whom claim they are not responsible for the actions of the harasser. But under Ohio’s anti-discrimination law, Ohio Revised Code Chapter 4112, employees have been able to sue their harassers since 1998 when the Supreme Court of Ohio decided Genaro v. Central Transport, Inc. [Read more…] about Discrimination Claims Against Supervisors Alive, Well In Ohio
Archives for September 2014
Many people start a new job working through a staffing agency, a temporary agency, or a placement service. Often, employers will use these agencies as an opportunity to give new workers a trial period to ensure they will be dependable employees who will be a good fit for permanent employment. Sometimes, the new workers will work for the temp agencies for a set period of time, such as six months, and then automatically become permanent employees of said company. Other times, the company will let workers continue at the staffing firm until it decides it wants to hire the particular workers. [Read more…] about Time as a Temporary Worker Counts Toward Your FMLA Eligibility
A recent Mayo Clinic study found nearly seventy percent of Americans take at least one prescription drug and more than fifty percent of Americans take two. Nevertheless, according to the Sixth Circuit’s decision on August 26, 2014 in Bates v. Dura Automotive Systems, Inc., employees may “sometimes” be terminated for taking their lawfully prescribed medications. A Cincinnati disability discrimination lawyer can help determine whether a medication-motivated termination is illegal. [Read more…] about Were You Fired for Prescription Medicine?
Many people who have problems at work wonder if they have a case a lawyer would be interested in pursuing. Many people just want to know if what has happened to them is legal, even if they haven’t decided yet if they want to fight their employer over it. A typical Cincinnati employment lawyer will get many inquiries from people who have been disciplined, passed over for a promotion, or even terminated, but who don’t have any legal claim a lawyer can help them with. We will give you some basic guidelines to use in telling whether you or a friend or family member has been treated illegally by an employer. Remember, the only way to really know is to contact an employment law specialist to discuss your situation.
Many employers fear employees who work from home or “telecommute” lose the benefits of working along-side their peers. According to the Head of Human Resources for Yahoo, Jackie Reses, “[t]hat is why it is critical that we are all present in our offices. Some of the best decisions and insights come from hallway and cafeteria discussions, meeting new people, and impromptu meetings.” But in some circumstances employers may be required to allow disabled employees to telecommute. The Sixth Circuit Court of Appeals recently held that allowing a disabled employee to work from home, or “telecommute,” four days a week could be a reasonable accommodation under the Americans with Disabilities Act (ADA). [Read more…] about Telecommuting and the ADA
The Family and Medical Leave Act (FMLA) allows eligible employees to take job-protected leave from work to care for a spouse with a serious health condition. The FMLA guidelines define “spouse” as a husband or wife as defined by the employee’s state of residence. Same-sex marriages are only lawful in New York, the District of Columbia, California, Connecticut, Oregon, Pennsylvania, New Mexico, Hawaii, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, Rhode Island, Vermont, and Washington. Consequently, employees who reside in states not recognizing same-sex marriage are not entitled to FMLA leave to care for their same-sex spouse. A Cincinnati FMLA lawyer can explain how Ohio same sex couples might be affected by the FMLA. [Read more…] about FMLA Leave For Same-Sex Couples Explained
On July 14, 2014, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on the Pregnancy Discrimination Act (PDA), warning employers that pregnant employees—even those with normal, uncomplicated pregnancies—are entitled to reasonable accommodations in the workplace. The EEOC’s guidance creates new obligations for employers under the PDA and may have a significant impact on how employers deal with their pregnant employees. [Read more…] about Did You Know? EEOC Requires Employers to Accommodate Pregnant Employees
In an effort to save money, employers sometimes use reimbursements for expenses as a means to supplement the hourly wages of their hourly employees. These expenses include things such as rent for a home or apartment, travel to and from the workplace, cell phones, internet service charges, meals, and student loan payments. Employers provide these reimbursements instead of paying employees a higher wage in order to save money on taxes. Employers also do not factor in these reimbursements when calculating your overtime wages, paying you only 150 percent of your normal hourly wage. If you receive regular reimbursements for expenses, your employer may owe you additional overtime wages. Your employer may also be putting you in a difficult situation with the Internal Revenue Service. [Read more…] about Our Lawyers Explain How Reimbursements for Expenses May Actually Be Wages
In order to graduate from the FBI Academy, new agent trainees are required to pass a gender-normed Physical Fitness Test (PFT). The PFT contains four individual tests: sit-ups, a 300-meter run, push-ups, and a 1.5 mile run. Each trainee must receive a cumulative score of twelve points with at least one point in each of the four events. The times or numbers needed to achieve a point differ for males and females. For example, in the push-up test, male trainees must complete thirty push-ups when female trainees must only complete fourteen push-ups in order to achieve one point. [Read more…] about FBI’s 30 Push-Up Requirement Discriminates Against Men
Cincinnati area employees may be entitled to various forms of relief if their FMLA rights are violated. Even if you do not suffer lost wages, you could be entitled to other forms of relief for the damages you do suffer. The Eleventh Circuit Court of Appeals recently reminded employers they cannot prevent a violation by paying an employee while they are on FMLA leave. [Read more…] about Employees Should Know The FMLA Provides Equitable Remedies