Photo of Jourdan Day

Jourdan is a senior associate in the firm’s Labor and Employment Department, practicing in a wide variety of labor and employment law areas. She has experience defending discrimination and retaliation charges filed with the Equal Employment Opportunity Commission and the Ohio Civil Rights Commission.

Does a broken toe amount to a serious health condition under the Family and Medical Leave Act (FMLA)? According to the U.S. District Court for the Southern District of Ohio, it depends on the circumstances. The Southern District recently held that an employee’s FMLA interference claim can go to trial after there was a dispute as to whether his broken toe constituted a serious health condition and whether he provided sufficient notice to the employer of his need for FMLA leave.

Continue Reading A broken toe and voicemails may be sufficient for FMLA interference claim

The Equal Employment Opportunity Commission (EEOC) recently released its fiscal year 2020 statistics of charges filed and resolved on behalf of charging parties. There were 67,448 charges filed in fiscal year 2020, a reduction from the previous year and the lowest number of charges filed since at least 1992. While part of this drop may be explained by the COVID-19 pandemic, there has also been a decrease in charges filed each year since 2016.

Continue Reading EEOC releases fiscal year 2020 charge and litigation data: Retaliation claims continue to dominate

In a landmark decision issued today, the U.S. Supreme Court held in a 6-3 opinion that the sex discrimination prohibitions of Title VII of the Civil Rights Act of 1964 include discrimination based on sexual orientation or transgender status. The opinion was authored by Justice Gorsuch, and was joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, and Kagan.
Continue Reading Sexual orientation and transgender status protected under Title VII sex discrimination prohibition

Pittsburgh’s Paid Sick Days Act (PSDA) goes into effect on March 15, 2020, just as the number of coronavirus/COVID-19 infections has begun to increase in the U.S. The new law mandates a number of requirements for employers operating in the city of Pittsburgh, Pennsylvania. The following are some of the highlights of the law about which employers should be aware:

Continue Reading New Pittsburgh Paid Sick Days Act set to take effect in middle of coronavirus outbreak

The U.S. Department of Labor (DOL) is making significant changes to the regulations covering the regular rate of pay under the Fair Labor Standards Act (FLSA) for the first time in more than 50 years. The FLSA entitles most covered, nonexempt employees to receive overtime pay of at least one and one-half times the employee’s

 The Equal Employment Opportunity Commission (EEOC) has announced the filing window for the newly required Component 2 pay data opens July 15, 2019. Private employers with at least 100 employees are required to submit pay data for calendar years 2017 and 2018 by Sept. 30, 2019. This new requirement is ordered by the court decision in the National Women’s Law Center v. Office of Management and Budget case.

The EEOC has taken a number of steps to assist employers with this new filing requirement.


Continue Reading EEO-1 reporting: Pay data filing begins July 15, 2019