Congratulations to FDAR attorneys Daniel T. Downey and Melanie J. Williamson who recently won a jury trial in United States District Court in the Southern District of Ohio on behalf of two Butler County Sheriff’s Corrections Officers. Corey Williams v. Derrick Collins, et al., 1:15-cv-00337 (S.D. Ohio Aug. 17, 2017). Plaintiff, while in the process [...]
The U.S. Department of Justice (DOJ), under the Trump administration, recently argued that that Title VII of the Civil Rights act of 1964 does not protect workers from discrimination on the basis of sexual orientation. The DOJ and the Equal Employment Opportunity Commission (EEOC) had previously taken the position that Title VII’s language regarding discrimination [...]
FHKAD attorneys Dan Downey and Paul Bernhart recently received summary judgment for a County and its Sheriff Deputies in a lawsuit alleging an unlawful search and seizure in violation of the Fourth and Fourteenth Amendments. The case involved a “knock and talk” operation conducted by the Fairfield County Sheriff’s Office SCRAP (“Street Crime Reduction and [...]
The U.S. Citizenship and Immigration Services (USCIS) released a revised I-9 Employment Eligibility Form on July 17, 2017. The changes are mostly minor, including additions to the List of Acceptable Documents on the I-9 Form. Employers were required to switch to this revised form by September 18, 2017. The revised form can be found at: [...]
Wellness programs have become popular in many work places in the last several years as a means of promoting employee health and reducing healthcare costs. A federal district court recently evaluated the validity of an Equal Employment Opportunity Commission (EEOC) rule dealing with incentives – financial or otherwise – that may be offered to employees [...]
FHKAD attorneys Dan Downey and Paul Bernhart recently received summary judgment on behalf of the Fairfield County Sheriff’s Office in a lawsuit alleging an unlawful search and seizure in violation of the Fourth and Fourteenth Amendments. Plaintiffs filed the lawsuit against the Fairfield County Commissioners, Fairfield County Sheriff’s Office and several law enforcement officers. The [...]
U.S. Citizenship and Immigration Services (USCIS) released a revised I-9 Employment Eligibility Form on July 17, 2017. The changes are mostly minor, including additions to the List of Acceptable Documents on the I-9 Form. Employers must switch to this revised form by September 18, 2017. The revised form can be found at: https://www.uscis.gov/i-9. Employers should review [...]
FHKAD attorneys Daniel T. Downey and Melanie J. Williamson won on a Motion to Dismiss filed in the Sixth Circuit on behalf of the City of Powell, Ohio. Center for Powell Crossing, et al. v. Brian Ebersole, 6th Cir. No. 16-3867, 2017 U.S. App. LEXIS 11031 (June 16, 2017). The appellant in the case was [...]
Employers may want to think twice before relying on past practice as the basis for disciplinary action. In Ohio Patrolmen’s Benevolent Assn. v. Findlay, the Ohio Supreme Court concluded in its 6-1 decision that “[a]ny limitation on an arbitrator’s authority to modify a disciplinary action pursuant to a CBA provision requiring that discipline be imposed [...]
Last month, the U.S. Court of Appeals for the Sixth Circuit affirmed that AutoZone was not vicariously liable for a store manager’s sexual harassment of his co-workers. The Sixth Circuit also held that AutoZone established an affirmative defense to the claim. In EEOC v. AutoZone, Inc., it was alleged that AutoZone subjected female employees to [...]