Ohio SB 149 was introduced on May 13, 2019 and aims to prevent employers from considering a prospective employee’s wage or salary history when making hiring decisions. If passed, the legislation would prohibit employers from refusing to interview or consider applicants based on their wage or salary history. It also prevents any attempts to request [...]
Employers often have employees who are growing their families or seeking treatment for a serious health condition yet are unaware of their rights and responsibilities under the Family and Medical Leave Act (“FMLA”). The FMLA requires covered employers to provide up to 12 weeks of unpaid leave to eligible employees with qualifying medical conditions [...]
A common issue frequently arises concerning public meetings of County Commissioners, City Council and Township Trustees: can government officials/bodies limit public comment/discussion during these meetings? Courts have held public meetings are considered a limited public forum. As a limited public forum, the government entity can impose reasonable, content-neutral speech restrictions during public meetings. Thus, government [...]
On June 5, 2019, the Ohio House of Representatives passed Substitute House Bill 80, which proposes several changes to the operation of the Bureau of Workers’ Compensation’s programs. Under the current law, a first responder is prohibited from bringing a claim for a psychological condition without an underlying physical condition. This amendment will allow first [...]
On May 7, 2019 House Bill 238 was introduced, proposing amendments to Ohio’s current whistleblower statute. A whistleblower is an employee who alerts the proper authorities that their employer is doing something illegal or otherwise against the public trust. Whistleblower laws are meant to protect employees from being retaliated against by their employers. The amendments [...]
Recently, the United States Supreme Court issued a decision concerning a procedural requirement for plaintiffs filing discrimination claims in federal court. This case relates to discrimination claims based on sex, race, religion and national origin filed under Title VII of the Civil Rights Act of 1964 as well as disability discrimination cases under the Americans [...]
Our clients often ask if the law prohibits an employer from requesting salary history from a job applicant. Until recently, there was no such law in the state of Ohio to prohibit this type of request. However, on March 13, 2019, the City of Cincinnati adopted Ordinance 83-2019, entitled “Prohibited Salary History Inquiry and Use.” [...]
The U.S. Supreme Court declined to hear the appeal of Joseph A. Kennedy, a high school coach who was effectively removed by his school district for praying on the field immediately after the high school football games. Kennedy brought an action alleging that the district retaliated against him for exercising his First Amendment rights when [...]
Earlier this year, the United States District Court for the Western District of Washington held that union members who authorized the deduction of dues from their wage cannot claim a First Amendment violation. Belgau v. Inslee, 2018 U.S. Dist. LEXIS 175543. The court dismissed the plaintiffs’ claims, finding that they voluntarily authorized the deduction of [...]
On April 19, a federal magistrate ruled that Hamilton County sheriff’s deputies violated the First Amendment when they ordered two people to stop taking photos in the halls of the courthouse. Vanessa Enoch and Avery Corbin, both African American, were reporting and researching the Tracie Hunter case in the Hamilton County, Ohio Court of Common [...]
