In Dixon v. Univ. of Toledo et al., the Sixth Circuit Court of Appeals has held that a high-level human resources official who writes publicly against the policies her government employer charges her with creating, promoting and enforcing, is not engaging in protected speech.
Continue Reading Sometimes It Is Best to Bite Your Tongue! Sixth Circuit Holds University’s Diversity Interests Outweighed First Amendment Right to Freedom of Speech

Gaglioti v. Levin Group, Inc. (6th Cir. Dec. 13, 2012), serves as a good reminder to employers to pin down their reasoning for terminating an employee at the start, and stick to it.
Continue Reading Sixth Circuit Decision Reminds Employers: Get Your Ducks in a Row at the EEOC Charge Stage and, for Goodness Sake, Know Your Own Policies

So the question on everyone’s mind when it comes to holiday parties: Will alcohol be served? For employers this is a big decision and, depending on where the holiday party is held and how it is contained, one that may come to expose an employer to liability. For the most part, whether an employer can be held responsible for alcohol-related incidents at company-sponsored events depends on the state in which the party is held and the circumstances.
Continue Reading ‘Tis the Season for Holiday Workplace Issues. Day 3 – “Holiday Attire” Does Not Include “Beer Goggles”

Religion is also a hot-button workplace issue in December because so many different religious groups celebrate different holidays in December. For example: Christians commemorate the birth of Jesus at Christmas; Buddhists celebrate Buddha’s Enlightenment with Bodhi Day; Jewish people celebrate Hanukkah, the Festival of Lights; African-Americans celebrate Kwanzaa, Muslims celebrate Eid al-Adha, or the Feast

As much as everyone loves them, the holidays create increased risk of employer liability and can result in a long list of legal problems for an unprepared employer. As our holiday gift to you, we’ve put together our top five holiday headaches employers, which will be provided to you in a week-long series starting today.
Continue Reading ‘Tis the Season for Holiday Workplace Issues. Day 1 – Avoiding Holiday Party Liability When the Office Santa Tries to Teach His Employees a Few “Reindeer Games”

The Southern District of Ohio held that an employer terminating two pregnant employees in two months–coupled with the close proximity in time between the terminations and the employer learning of the pregnancies–created an inference of pregnancy discrimination.
Continue Reading Two Pregnant Employee Terminations in Two Months Too Coincidental for Southern District of Ohio

By now, you should know that the Equal Employment Opportunity Commission (“EEOC”) has issued “Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions”, which is designed to restrict criminal background checks by employers, but you may not know that enforcement responsibility for the Fair Credit Reporting Act (“FCRA”) has been transferred from the Federal Trade Commission to the recently created Consumer Financial Protection Bureau (“CFPB”).
Continue Reading Complying with the FCRA Amendments Before January 1, 2013 – a Step-By-Step Guide

The Equal Opportunity Commission has issued a new fact sheet titled: Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking, which explains how employment decisions related to employees who are victims of domestic violence, sexual violence, or stalking might violate Title VII or the ADA.
Continue Reading EEOC Issues Guidance on the Application of Title VII and the ADA to Applicants and Employees Who Experience Domestic Violence, Sexual Assault, or Stalking

Senate Bill 383 is an extremely employer-friend piece of legislation that was introduced earlier this week in the Ohio state Senate. The bill seeks to overhaul the Ohio’s employee-friendly employment discrimination laws, statutory and common law, and proposes the following non-exhaustive list of significant amendments.
Continue Reading Senate Bill 383 is an Ohio Employer’s Wish List

Even though employee’s complaint about her supervisor slapping her on the buttocks was internally investigated by the employer, it was not protected activity and could not support her retaliatory discharge claim.
Continue Reading Slap Happy Celebration of Work Accomplishment Not Severe or Pervasive Enough for Sexual Harassment or Retaliation Claim