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 [...]
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 [...]
A Special Master in the Ohio Court of Claims recently held that a city employee’s termination letter was not exempt from disclosure under the Ohio Public Records Act. The letter was held to be a public record, even though the City of Green and the former employee had signed a confidentiality agreement. Carlson v. City [...]
Senate Bill 331, signed into law by Governor Kasich on December 19, 2016 and effective on March 21, 2017, states that no political subdivision shall establish a minimum wage rate different from the minimum wage set by the state ($8.15 in 2017). SB 331, originally meant to regulate the sale of dogs from pet stores, [...]
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 [...]
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. [...]
House Bill 2, introduced on February 1, 2017, and currently in committee, would make changes to the Ohio Civil Rights Law (“OCRL”) and the procedure for filing charges with the Ohio Civil Rights Commission (“OCRC”). House Bill 2 would limit the definition of an employer for purposes of the OCRL by excluding any person who [...]
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 [...]
In the City of Wadsworth, FHKAD Attorney Benjamin Albrecht successfully argued that the union’s appeal of a written and oral reprimand was non-arbitrable. As a result, the arbitrator denied the grievance. The Grievant was issued a two-day paid suspension, which he grieved. As part of the grievance process, the two parties met, after which the [...]
In Hively v. Ivy Tech Community College of Indiana, the Seventh Circuit Court of Appeals issued an en bancopinion in which it reversed prior circuit precedent and found that discrimination on the basis of sexual orientation in employment is prohibited by Title VII. A circuit court appeal is usually decided by a three-judge panel; however, it may [...]