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Welcome to the FDAR Blog!

We are committed to providing excellent service to our clients in a down-to-earth style that is unique to FDAR.  Our hope is that this blog will provide valuable insights that help you in the day-to-day operation of your organization.  Our team of attorneys will write about legal topics that are important to our clients in layman’s terms.  Please check back often for new blog topics!

Discrimination Head to Toe

Introduction With employees returning to the office from home, appearance and dress code policies have once again taken the spotlight. Some employees may be more accustomed to casual dress or seek to express themselves with a different appearance than they did prior to the pandemic. While employers may institute policies for appearances and dress codes generally, it is important to be mindful of potential areas where discrimination claims may arise. This blog article will cover new, upcoming, and anticipated changes in discrimination laws regarding hair care, dress codes, and sex stereotyping policies. Hair Care & Appearance Policies Unfortunately, hair discrimination is not new. Minorities, especially African American women, have been sent home from work for their hair appearance. Even where [...]

September 15th, 2021|blog, Homepage News|

Ohio General Assembly Passes Limits to Authority of State and Local Officials to Respond to Emergencies

Following a procedural vote, the Ohio General Assembly enacted a bill that will significantly change the ability of state and local authorities to respond to emergencies. SB 22 passed both chambers but was vetoed by Governor DeWine. The General Assembly overrode the governor’s veto on March 24, 2021, meaning the bill will become effective in June of this year. The bill is in response to what many in the General Assembly see as overreach by health authorities during the COVID-19 pandemic.  SB 22 has two main components; limitations on the authority of the Governor and limitations on the powers of local health districts. As vaccinations progress and the pandemic appears to be winding down, the bill is unlikely to have [...]

April 6th, 2021|blog, Homepage News|

Litigation Challenging Ohio’s Exclusive Representation Law Could Reach US Supreme Court

The tumultuous and ever-changing landscape of public sector labor law could be in for yet more change in Ohio. Many will remember the US Supreme Court decision in Janus v. AFSCME which held that the First Amendment prohibits public employers from collecting fees from non-union employees as a condition of working in public service. Now, a case that was recently decided by the Sixth Circuit could make its way to the Supreme Court and may spell major changes on the way for Ohio public employers and labor unions. In the landmark 2018 case Janus v. AFSCME, the US Supreme Court held that public-sector unions cannot compel non-member employees to pay agency fees (or fair share fees) to cover the cost [...]

March 1st, 2021|blog, Homepage News|

Ohio General Assembly Makes Changes to State Discrimination Laws

Included in the flurry of bills passed by the Ohio General Assembly at the end of 2020 was House Bill 352. The bill was signed into law by Gov. DeWine on January 12, 2021 and makes several significant changes to Revised Code Chapter 4112, which is Ohio’s employment discrimination law. The new law alters the way claims of employment discrimination are brought in Ohio and also the ways in which employers will defend against these claims. Below are the major changes made by H.B. 352. OCRC Procedural Changes Perhaps the most significant change made by  H.B. 352 is the addition of administrative steps an employee must take before pressing their state law claims of employment discrimination in formal litigation. The [...]

February 4th, 2021|blog|

Can Employers Require COVID-19 Vaccination for Employees?

Ohio received some good news at the end of 2020: A vaccination for the Coronavirus was soon going to be widely available. But as 2021 begins, many public and private employers are asking the same question: Can employers require employees to receive one of the COVID-19 vaccinations? The short answer is yes. But before implementing a mandatory COVID-19 vaccination policy, Ohio employers must be ready to deal with their legal obligations under federal law. In this month’s blog, we are going to discuss the legality of a mandatory vaccine policy and the situations in which employers must be ready to make exceptions to that policy. I.   Mandatory Vaccine Policy The EEOC has long stated that employers may have a qualification [...]

January 13th, 2021|blog, Homepage News|

Holiday Travel During the Pandemic FAQ

The holiday season in the United States is a time when many millions of Americans get together with friends and family to celebrate. For many Americans who live away from their loved ones, this requires travel, a lot of travel. For the year 2019, AAA estimated that over 115 million Americans travel between December 21 and January 1. With the pandemic raging on, many Americans are choosing to stay home; in fact, AAA estimates a 10% drop in Thanksgiving travel compared to last year. While this decline is likely to be mirrored during the month of December, that still leaves nearly 100 million travelers in the United States this year. This has left many employers with questions. In this month’s [...]

December 15th, 2020|blog|

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