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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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Protections for Pregnant Women

Pregnant Workers Fairness Act – New Protections for Women Workers in Ohio

Discrimination, Discrimination Lawyer, Employement, Harrassment, Pregnancy Discrimination /

The US Congress adopted the Pregnant Workers Fairness Act (“PWFA”) on December 27, 2022, and the Act went into force on June 27, 2023. On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued a final regulation to carry out the law, which goes into effect on June 18, 2024. The law is designed

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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

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Pregnant Workers Fairness Act: Proposed Bill Extends Protection For Pregnant Women

Blog, Discrimination, Employement, Title VII /

Currently, pregnant women are a protected class under the Pregnancy Discrimination Act, an Amendment to Title VII of the Civil Rights Act of 1964. The new bill would extend protection to female employees with pregnancy-related work limitations, forcing employers to make reasonable accommodations and preventing them from terminating pregnant women due to inhibited performance. For

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The Department Of Labor Issues 16-page Fmla Guide.

Blog, Discrimination, Employement, FMLA /

The 16-page FMLA guide that the Department of Labor (DOL) says is “designed to answer common FMLA questions and clarify who can take FMLA leave and what protections the FMLA provides.” Entitled “Need Time? The Employee’s Guide to the Family and Medical Leave Act,” the Guide apparently was created out of DOL’s belief that “too

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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 »

What Medical Exams And Inquiries Can An Employer Make Of An Employee Under The Ada?

Blog, Discrimination, Employement /

Title I of the Americans with Disabilities Act (the “ADA”) restricts an employer’s ability to make disability-related inquiries or require medical examinations. The laws and rules depend on the stage of the relationship: pre-offer, post-offer but pre-employment, and during employment. This post relates to medical inquiries and examinations of an employee during employment. Certainly, no one

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Is There Protection Under The Law For Discrimination/retaliation Based On Sexual Orientation (Gay, Lesbian, Bi-sexual, Transgender)?

Blog, Discrimination, Employement, General, Law Firm News, Title VII /

As a plaintiff’s side employment lawyer (employee side) I have an unmatched sense of fulfillment when I am able to provide advice or assistance to an individual or group of individuals that are standing up to their employer for what they know is right and for what the law says is wrong. Conversely, I often

Is There Protection Under The Law For Discrimination/retaliation Based On Sexual Orientation (Gay, Lesbian, Bi-sexual, Transgender)? 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 »

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