Successful women, especially in male-dominated professions, are well-acquainted with this accusation. It’s humiliating on numerous levels, but perhaps most damaging is the suggestion that the woman didn’t actually earn the position she achieved. Continue reading ““Sleeping Her Way to the Top”: How Female Employees May Have a Claim for Sex Discrimination Under Title VII Based on False Rumors About Sleeping With a Supervisor”
I think I’ve been wrongfully terminated. What do I need to prove in order to bring a wrongful termination in violation of public policy claim under Ohio law?
Ohio is an at-will employment state. Unfortunately, this means that for the vast majority of employees, their employer may terminate them for any reason or even no reason at all. However, there are exceptions to this general rule. A claim for wrongful termination in violation of public policy arises where the employee is fired under circumstances that violate certain laws put in place to protect public health and safety.
You’ve most likely heard that there is a major, landmark case that could impact the rights of millions in the LGBTQ community but do you know what is actually going on? We break it down for you here in laymen’s terms!
Mansell Law has been recognized by U.S. News and Best Lawyers as “Best Law Firms in America” in two categories: Employment Law – Individuals; and, Litigation – Labor and employment. See Our Listing. To obtain this ranking, there is a rigorous process that includes peer review, client review, and an independent analysis of the law firm. For more information on the process, visit U.S. News.
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 disability, the ADA also has an “association” provision that protects employees from discrimination based on their known relationship or association with a disabled person. This association provision applies regardless of whether the employee themselves is disabled.
Who is a “Key Employee” under the FMLA?
Limits on certain employees’ rights to restoration after taking FMLA leave.
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 may have never met the individual. After review the write-ups, HR determines to terminate the individual. Companies then argue, how could the termination be discriminatory or retaliatory if the individual making the decision has never even met the employee being terminated? Clever. But so are Judges.
Continue reading “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?”
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 consult with employees in awful employment situations that have no legal redress. It pains me to tell an individual that, although his/her situation is clearly wrong, the law does not recognize it as unlawful. The two most commons situations that arise are (1) workplace bullying and (2) discrimination based on sexual orientation (discriminating against an employee because he/she is gay, lesbian, bi-sexual, or transgender). Courts, however, are beginning to signal a trend that hopefully Congress will recognize. The future will provide full protection against this conduct but we aren’t there yet. This article focuses on the current protections under the law.
Continue reading “Is there protection under the law for discrimination/retaliation based on Sexual Orientation (Gay, Lesbian, Bi-Sexual, Transgender)?”
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.
Continue reading “What Medical Exams and Inquiries can an Employer make of an Employee under the ADA?”
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 too thin) can be a violation of the ADA. The Amendments Act to the ADA provides an expansive definition of medical conditions that render a person disabled under the law. An individual must be able to perform the essential functions of his or her job with or without a reasonable accommodation. If a medical condition causes an increase or decrease in weight, but you are still able to perform your job with or with accommodation, an employer’s adverse job action taken against you due to your weight violates the ADA. Make sure your employer understands that you have a medical condition and that you request an accommodation, if necessary.
Continue reading “Can weight or obesity be a protected class or a disability? Sometimes, under the ADA.”