Monthly Archives: April 2017

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LGBTQ Discrimination Law Update

As a developing area of the law, there are three noteworthy updates for cases relating to LGBTQ discrimination under Titles VII and IX of the Civil Rights Act of 1964: First, in Hively v. Ivy Tech Community College of Indiana, the full Seventh Circuit Court of Appeals found that discrimination on the basis of sexual [...]

2017-10-24T13:29:31-04:00April 17th, 2017|Latest News, Newsletter|

SCOTUS Allows Unlawful Pretrial Detention Claims Under Fourth Amendment

The United States Supreme Court recently held that the Fourth Amendment allows unlawful pretrial detention claims to be brought under 42 U.S.C. § 1983, even if the detention occurs after the start of the legal process. Manuel v. City of Joliet, 85 U.S.L.W. 4130 (2017). The petitioner, Elijah Manuel, was discovered to be in possession [...]

2017-10-24T13:29:31-04:00April 17th, 2017|Latest News, Newsletter|

Customer Service Rep With Anxiety Attacks Could Not Perform Essential Functions of Her Job

The U.S. Court of Appeals for the Sixth Circuit recently held that an employee who suffered from anxiety attacks could not establish that she was “otherwise qualified” to perform the duties of a customer service representative (“CSR”). Williams v. AT&T Mobility Servs. LLC, 847 F.3d 384, 388 (6th Cir. 2017). Thus, dismissal of the employee’s [...]

2017-10-24T13:29:31-04:00April 17th, 2017|Latest News, Newsletter|

Ohio Enacts CCW Friendly Measures: Firearms in Employee Vehicles; Public Buildings; and Other Places

Senate Bill 199 took effect on March 21, 2017 and authorizes individuals with a concealed carry license (CCW) to carry, transport, or store a concealed weapon in areas currently prohibited. The new law could possibly have significant ramifications for employers, and as such all employers should consider the changes and any effect they may have [...]

2017-10-24T13:29:31-04:00April 17th, 2017|Latest News, Newsletter|

Court Affirms SERB Dismissal of ULP Charge as Untimely

In State ex rel. David Murray v. Ohio State Emp. Relations Bd., Ohio’s Tenth District Court of Appeals held that the State Employment Relations Board (“SERB”) did not abuse its discretion in dismissing a union member’s Unfair Labor Practice Charge (“ULP”) as untimely. The Court found the period to file a ULP began, at the [...]

2017-10-24T13:29:32-04:00April 17th, 2017|Latest News, Newsletter|

FHKAD Secures Summary Judgment for Township Age Discrimination/Retaliation Case

FHKAD attorney David Riepenhoff secured summary judgment for an Ohio Township in a recent age discrimination and retaliation lawsuit. Valley v. Genoa Twp., 2:14-cv-2641 (S.D. Ohio Feb. 7, 2017). Christopher Valley began working for Genoa Township as a part-time firefighter in 2007. In 2012, the fire department sought to hire two additional full-time firefighters. Mr. [...]

2017-10-24T13:29:32-04:00April 17th, 2017|Latest News, Newsletter|

Proposed Legislation Would Allow PTSD Workers’ Comp for First Responders

Two recent proposals in the 132nd Ohio General Assembly, House Bill 161 and Senate Bill 118, would make safety service workers with post-traumatic stress disorder (PTSD) eligible for workers’ compensation, without requiring them to show an accompanying physical injury. If passed, this legislation would be a departure from current Ohio law on the compensability of [...]

2017-10-24T13:29:32-04:00April 17th, 2017|Latest News, Newsletter|