October 23, 2014
Honest Belief Defense Unavailable for FMLA Interference Claims
Earlier this month, the United States District Court, S.D. Ohio ruled that an employer may not rely upon an honest belief that an employee was abusing FMLA leave as a legitimate, non-discriminatory reason to terminate an employee. The honest belief rule is ordinarily available to employers as a defense against claims of employment discrimination.
October 3, 2014
Religious Accommodation in the Workplace
Yesterday was the first day of the U.S. Supreme Court’s 2014-2015 term and the Court already has made a splash in employment law news. In EEOC v. Abercrombie & Fitch Stores, Inc., the EEOC has claimed that Abercrombie failed to provide a reasonable religious accommodation for a hijab-wearing job applicant. The district court granted summary judgment in favor of the EEOC and held that Abercrombie failed to provide a reasonable accommodation to its clothing policy.
July 29, 2014
Pregnancy-Related Impairments as Disabilities Under the ADA
On July 14, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated Enforcement Guidance on Pregnancy Discrimination and Related Issues. The Pregnancy Discrimination Act (“PDA”), 42 U.S.C. § 2000e(k), was enacted in 1978 to make clear that discrimination based on pregnancy, childbirth, or related medical conditions is a form of sex discrimination prohibited by Title VII of the Civil Rights Act.
July 16, 2014
EEOC Issues New Enforcement Guidance on Pregnancy Discrimination
Claims of discrimination can one be one of the most costly charges an employer can face. Understanding how the Ohio Civil Rights Commission (OCRC) and the Equal Employment Opportunity Commission (EEOC) analyze claims of discrimination is paramount in preventing discrimination in the workplace and for preparing a defense if discrimination charges have been filed.
March 6, 2014
Office Pools, Solicitation, and Distribution: How to Deal with the Madness
Men’s college basketball teams from the Midwest have historically made a strong showing in the NCAA tournament. Whether it is a hometown team or an alma mater, employers can expect that their employees will be invested in the tournament in some way. One common manifestation of this devotion to the NCAA men’s basketball tournament is the office pool.
January 20, 2014
Transferring Employees Just Got More Complicated
Last week in Deleon v. Kalamazoo County Road Commission, No. 12-2377, the Sixth Circuit Court of Appeals addressed the question of whether an “adverse” employment action exists if an employee is transferred to a position he applied and interviewed for. In this case, Deleon, a fifty-three year old Hispanic male was employed by the Kalamazoo County Road Commission (“the Commission”) for twenty eight years and beginning in 1996 served as an “Area Superintendent.” In 2008, a vacancy arose for the position of “Equipment and Facilities Superintendent.”