The traditional sexual harasser appeared face-to-face, uncomfortably close to the victim’s work space, engaging in tacky jokes, suggestive references, or downright disgusting discourse. In today’s world of social media, online learning, virtual workrooms, and text-based communication, sexual harassment continues to thrive in a new and alarming way. Behind the perceived safety of the smart phone […]
read moreThe health risks associated with smoking are impossible to deny. However, could this costly and dangerous habit also impact an employee’s job security or a candidate’s chances of being hired? Actually, it could, as Ohio remains one of 21 states without a smoker’s protection law, thereby allowing employers to freely and openly discriminate against smokers […]
read moreIn August 2014, the Ohio Supreme Court considered a high-profile employment discrimination case involving the City of Dayton Police Department. Under federal and Ohio laws, an employer is not permitted to engage in any discriminatory practices with regard to workplace decisions, and cannot take adverse action against an employee based on the employee’s membership in […]
read moreKnown as the “sandwich generation”, many of today’s middle-aged Americans find themselves not only supporting their adult children in a difficult economy but caring for aging and elderly parents. This dual-role can cause many sleepless nights for the harried caretaker, especially when aging parents begin to show signs of dementia or other cognitive issues. For […]
read moreThe Americans with Disabilities Act (ADA) is a vital piece of legislation enacted to help support and advance those living in America with a disabling physical or mental condition. In general, the ADA works to require employers to not only treat those with a disability equally to those without, but also mandates employers to make certain accommodations […]
read moreThe law protects employees from termination and other forms of retaliation for reporting certain kinds of activities and wrongful conduct. However, not all reports are protected. A case recently decided by the Supreme Court of Ohio clarified that persons working in nursing homes and similar long term care facilities cannot be retaliated against for making […]
read moreOn August 8, 2014, the National Collegiate Athletic Association (NCAA) experienced a major blow to its long-held policy of keeping college athletes uncompensated amateurs. The United States District Court for the Northern District of California ruled that the NCAA rules prohibiting student athletes from receiving compensation for the use of their own names, images, and […]
read moreThe Family and Medical Leave Act (“FMLA”) allows eligible employees to take leave from work to care for family or personal medical situations. FMLA leave may be continuous or intermittent. In Hansen v. Fincantieri Marini Group, the Seventh Circuit Court of Appeals decided two important intermittent FMLA issues. First, the court held that the FMLA […]
read moreTo establish a claim of race, religious, or gender discrimination under Title VII of the Civil Rights Act of 1964, an employee must establish that he or she was subjected to an “adverse job action”. Historically, courts have defined an adverse job action as an action affecting the terms and conditions of employment. Adverse job […]
read moreThe law protects employees who are terminated on the basis of certain characteristics, including but not limited to, race, sex, religion, pregnancy, age, and disability. The law provides less protection for employees who voluntarily resign from their employment as a result of discrimination based on these characteristics.
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