Your Voice for Justice in Ohio Employment and Civil Rights Matters
A recent decision from the Seventh Circuit Court of Appeals addresses an important issue in employment discrimination law – how offensive and hostile must a work environment be for it to qualify as discriminatory? The answer given by the trial court – that the workplace must be “hellish” – was squarely rejected by the appellate court. Instead, they reminded district…
Is Your Non-Competition Agreement Legal? A non-compete agreement is essentially a contract between an employer and employee, in which the employee agrees not to work for a competitor for a certain length of time once his or her employment contract ends. Employers like these agreements because they guarantee that an employee they train will not immediately go to a competitor…
Can New Foster Parents Take FMLA Leave? The Family and Medical Leave Act (FMLA) empowers employees to use 12 weeks of unpaid leave to deal with their own health crisis or that of a close family member. The Act has helped countless employees take care of their families while also protecting them when they intend to return to work. FMLA…
Does an Inconvenient Work Schedule Qualify as Employment Discrimination? Most employees have ample obligations outside the workplace. They might be taking care of a disabled or elderly relative or they could have small children waiting to be picked up from school. Regardless of the reason, many employees are suddenly shocked when their work schedule is changed on them, making it…
Large Companies Still Engage in Racial Discrimination It might be hard to believe, but 10 years after Obama was elected President of the United States, many employees still face racial discrimination either on the job or in the job market. This discrimination can take many forms, but all are illegal. Just in case you thought that only small companies would…
Documenting Sexual Harassment No employee should be sexually harassed. Unfortunately, thousands suffer in silence on the job. And although the “Me Too” movement has raised awareness about the widespread nature of sexual harassment in our workplaces, far too many employers disbelieve any worker who complains. If you are being sexually harassed at work, there are steps you can take to…
American workers are protected by powerful anti-discrimination laws. One of those laws, the Americans with Disabilities Act (ADA), prohibits discrimination in employment on the basis of disability. For that reason, it generally prevents an employer from asking about your health during either the application process or even once you are hired. However, there are several exceptions. The ADA recognizes that…
How Employers Hide Overtime Violations Ohio has clear guidelines for when an employer must pay overtime compensation and how much they must pay. Nevertheless, violations continue to persist, collectively robbing employees of millions of dollars in unpaid wages. Unfortunately, many employers are skilled at hiding overtime violations. Many employees, as a result, have no idea that they are really entitled…
Under both state and federal law, employers are required to pay certain employees for any time worked in excess of 40 hours per week, at a rate of one and one-half times their usual wage. This means that with the minimum wage currently set at $8.30 per hour in Ohio, employers who pay their employees on an hourly basis (with…
City Council Passes Legislation Protecting LGBTQ Community Last fall, Cuyahoga County Council enacted landmark legislation that protects members of the LGBTQ community in Ohio from discrimination when it comes to employment, housing, and public accommodations. The council also created a commission that has the power to levy fines against those who violate the law, so if you or a loved…