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Cannabis in Ohio Employment

Medical and Recreational Cannabis (Marijuana) Use and Employment in Ohio

ADA, Discrimination, Discrimination Lawyer, Employement, Marijuana Use /

Medical and Recreational Cannabis (Marijuana) Use and Employment in Ohio – Prohibition, Discrimination, Termination My employer prohibits me from using cannabis, even though I have a prescription. I have legally purchased and used marijuana; it is legal in Ohio, but my employer now threatens to terminate my employment. My supervisor told me that I was […]

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New Ohio Overtime Laws

OHIO OVERTIME LAWS 2020

ADA, ADA Accommodation, Blog, Discrimination Lawyer, Employement, OHIO Labor Laws /

What are the Overtime Laws in Ohio and should you be paid overtime even if your employer calls you salary? The Ohio Overtime Laws changed in 2020 because new federal regulations that govern overtime and exemptions were issued by the Department of Labor. Highlights: New overtime laws took effect January 1, 2020. “Exempt” means your employer does

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Employer Requiring No Restrictions Or To Be “100% Healed” Before Returning To Work?

ADA, Blog, Discrimination, Employement /

Is your employer requiring you to be 100% or requiring your doctor to release you back to work with no restrictions? This article deals with the potential legal violations associated with such requirements. For example, the Americans with Disabilities Act only requires you to be qualified. Qualified is defined as able to perform the essential

Employer Requiring No Restrictions Or To Be “100% Healed” Before Returning To Work? Read More »

When Is Third Party Retaliation An Actionable Claim?

ADA, Blog, Discrimination, Employement, FMLA, Title VII /

The Supreme Court has held that an employer can be found liable for terminating an employee when that employee’s fiance has engaged in a protected activity (Opposing discrimination, complaining about harassment, etc.) under Title VII (Discrimination). So what relationship needs to exist between the Third Party and the individual engaging in the protective activity to

When Is Third Party Retaliation An Actionable Claim? Read More »

Is Your Leave Going To Exceed The 12 Weeks Provided By Fmla? You Could Still Be Protected Under The Ada.

ADA, Blog, Employement, FMLA /

It is common scenario where an employee’s leave of absence for a serious medical condition exceeds the 12 weeks provided for by the Family Medical Leave Act. So what can an employee do in this situation? An employee can request an extended leave of absence as a reasonable accommodation under the Americans with Disabilities Act

Is Your Leave Going To Exceed The 12 Weeks Provided By Fmla? You Could Still Be Protected Under The Ada. Read More »

Can Weight Or Obesity Be A Protected Class Or A Disability? Sometimes, Under The Ada.

ADA, Blog, Discrimination, Employement /

Discriminating against or terminating an employee because he or she is overweight is generally not unlawful. Weight is not a protected class under Title VII, however, weight can be a characteristic of a medical condition. Thus, in certain situations taking an adverse job action against an employee based on his or weight (too heavy or

Can Weight Or Obesity Be A Protected Class Or A Disability? Sometimes, Under The Ada. Read More »

Cat’s Paw Theory: Can A Company Be Held Liable If The Discriminating Supervisor And The Individual(S) Who Made The Decision To Terminate Are Different?

ADA, Blog, Discrimination, Employement, FLSA, FMLA, General, Law Firm News, Title VII /

Traditional discrimination or retaliation claims involves the employer taking the discriminatory or retaliatory action. Often times companies will try to create an independent process for terminating an employee to avoid liability. For example: an employee receives several disciplinary write-ups. After a certain amount of write-ups, Human Resources becomes involved. At large companies, the HR Representative

Cat’s Paw Theory: Can A Company Be Held Liable If The Discriminating Supervisor And The Individual(S) Who Made The Decision To Terminate Are Different? Read More »

Home Health

Are You Protected From Discrimination If Someone You Care For Has A Disability?

ADA, Blog, Discrimination /

I informed my employer that I am the primary caregiver for a person with a disability, and then I was fired. Is this legal? The Americans with Disabilities Act of 1990 (ADA) prohibits employers from discriminating against employees on the basis of disability. In addition to protecting employees from discrimination based on the employee’s own

Are You Protected From Discrimination If Someone You Care For Has A Disability? Read More »

Reasonable Accommodation

What Is A “reasonable Accommodation” Under The Ada?

ADA, Blog, Discrimination, Discrimination Lawyer, Employement /

What types of accommodations are individuals able to request so that that they can perform their job despite a medical condition?  The answer is not as straightforward as you might expect.  The Americans with Disabilities Act of 1990, or the ADA, is one of the most complex employment laws. Our Ohio ADA Lawyers walk you through reasonable

What Is A “reasonable Accommodation” Under The Ada? Read More »

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Morrissey V. Laurel Health Care Company: Sixth Circuit Issues Favorable Opinion On Employee’s Ada Failure To Accommodate Claim

ADA, Blog, Discrimination, Discrimination Lawyer, Employement, Retaliation /

Earlier this month (December 3, 2019), the Sixth Circuit Court of Appeals issued a favorable opinion for employee rights under the Americans with Disabilities Act (ADA). In Morrissey v. Laurel Health Care Company, the plaintiff was a licensed practical nurse that was forced to quit her job because her employer would not accommodate her work restrictions, which included a reduced or

Morrissey V. Laurel Health Care Company: Sixth Circuit Issues Favorable Opinion On Employee’s Ada Failure To Accommodate Claim Read More »

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