Earlier this month, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022. The Act amended the Federal Arbitration Act to invalidate the terms of any agreement that require arbitration of claims of sexual assault or sexual harassment. Prior to the enactment of this Act, employers were […]
On February 1, 2022, former Miami Dolphins head coach Brian Flores filed an explosive class action lawsuit against the National Football League alleging widespread discrimination against Black and minority candidates seeking head coaching and other leadership positions within the league. In Flores’ 58-page complaint, he makes allegations that touch on various different types of evidence […]
Every day we talk to employees who have been fired after going to human resources (“HR”) for help and want to pursue a wrongful termination claim against their employer. Unfortunately, Ohio has employment at-will, which means that your employer can fire you at any time, for any reason. 1. HR is there to protect the […]
As previously discussed in this blog, provided they are mindful of the reasonable accommodation requirements of the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and Ohio’s analogous anti-discrimination statues, an Ohio employer may require COVID vaccination as a condition of employment. A few weeks back, the Ohio House Health […]
The short answer is “yes.” While there is some debate whether an employer can require its employees to get a vaccine that is currently subject to an Emergency Use Authorization (“EUA”), there is near unanimity that, subject to certain exceptions under state and federal anti-discrimination statutes, once a vaccine receives full FDA authorization, an employer […]
It’s time for the school year to start, and what is usually an exciting time for parents and children has turned into a nerve-racking experience as it’s still very much in the air how schools are planning to operate this year in light of the COVID-19 pandemic. While your child’s school is still deciding these […]
As the virus evolves, the Occupational Safety and Health Administration (“OSHA”) has updated its Frequently Asked Questions on the topic of face masks in the workplace. Previously, OSHA recommended that employers should encourage face coverings while at work. However, employers held the discretion in their hands, depending on state and local laws, as to whether […]
An employer sometimes offers a departing employee a severance in exchange for the employee’s release of potential legal claims. When this happens, the terms of the release and any mutual obligations between the employer and employee are reduced to writing in the form of a severance agreement. While it is generally the employer who initially […]
On June 17, 2020, the U.S. Equal Employment Opportunity Commission issued updated guidance concerning COVID-19 employment issues. We’ve compiled answers to frequently asked questions about the updated guidelines: Does my employer need to accommodate me if I have a high-risk family member? No. The Americans with Disabilities Act (“ADA”) “does not require that an employer […]
The Supreme Court announced today, in no uncertain terms, that discrimination against an employee because that employee is gay or transgender is discrimination on the basis of sex and, as such, a violation of Title VII of the Civil Rights Act of 1964. While it would be difficult to overstate the import of today’s decision, […]
