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Employment Law

Indefinite suspension is retaliation, even without discharge

06/01/2007

When a company faces sexual harassment or other discrimination complaints, the investigation has to start as soon as possible. Sometimes that means suspending participants while you sort things out. A prompt conclusion to a thorough investigation is the key to avoiding retaliation charges when you tell everyone to take a “time out”

Any pregnancy problem is a serious condition under FMLA

06/01/2007

When it comes to a pregnancy, employers may want to follow the safest path: Approve any absences that are even remotely related to the pregnancy as FMLA-covered time off …

No medical certificate? You can still run FMLA leave with PTO

06/01/2007

The U.S. Labor Department allows you to run FMLA leave concurrently with other paid time off. That’s your decision to make, not the employee’s. The result: no more than 12 weeks off. The same is true even if the employee never provides you with medical certification of a serious health condition …

Good evaluation, raise don’t invalidate retaliation claim

06/01/2007

Ever since the U.S. Supreme Court made it easier to charge retaliation for complaining about alleged discrimination, the courts have been flooded with new cases probing the limits of the ruling. The new test is whether an employer’s action would “dissuade a reasonable worker from making or supporting a charge of discrimination”

Under Ohio disability discrimination law, employees can go directly to court

06/01/2007

Most federal discrimination laws require employees who think they have been wronged to file a complaint with the EEOC or their state’s equivalent agency before going to federal court. But that’s not the case when it comes to disability discrimination cases brought under the Ohio Revised Code anti-discrimination provisions

Employee shot on the job loses intentional tort case

06/01/2007

A U.S. District judge dismissed an intentional injury suit against Daimler-Chrysler AG and the security firm Wackenhut Corp. The suit was brought by an employee injured in a shooting at the company’s Toledo North assembly plant in 2005 …

Whistle-Blower fired over fire

06/01/2007

An Ohio employer got burned after it fired an employee two days after he told an insurance inspector about a malfunctioning fire alarm …

Jeff Wyler dealerships hit for $2.3 million in EEOC decree

06/01/2007

Eleven Cincinnati auto dealerships owned by Jeff Wyler will pay $2.3 million to a class of 39 women for refusing to hire them because of their gender …

Alcoa workers wonder who will protect them from their union

06/01/2007

Employees of Alcoa’s truck wheel manufacturing plant in Cleveland have filed unfair labor practice charges against their union with the National Labor Relations Board …

Aliens and postmarked babies shoot down manager’s case

06/01/2007

The manager of a Dave & Buster’s Restaurant in Cincinnati lost his age-discrimination claim because the case was ruled primarily circumstantial by a U.S. District Court, Southern District of Ohio …