The Supreme Court’s decision in Vega v. Tekoh decidedly clarified Miranda rights violations cannot form the basis of a civil rights action for monetary damages. In Vega, the Defendant Officer received a report regarding a potential sexual assault of a patient. The Officer went to the medical center where the alleged assault occurred and questioned [...]
Last October the Equal Employment Opportunity Commission (“EEOC”) released a new poster which must be displayed by covered employers. Where Must the Poster be Displayed? The poster should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. This may include the employer’s bulletin board, the break [...]
Most of the time, the need for providing a religious accommodation is obvious. An employee will submit a religious exemption request, and the employer will engage in the interactive process with the employee to determine what accommodation will appropriately address the employee's religious needs. However, there are times where the need for a religious accommodation [...]
This year Ohio’s Medical Marijuana Board received nine petitions to expand medical marijuana coverage to additional conditions. The petitions submitted were for: Gilbert’s Disease; Anxiety; Degenerative Disc Disease, Chronic pain, PTSD; Bipolar, Anxiety, Depression, Sleep Disorder; Opioid Use Disorder (OUD); Insomnia; Lupus; Opioid Use Disorder; and Autism Spectrum Disorder After reviewing the petitions, the Board [...]
On March 3, 2022 President Biden signed the bipartisan Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“The Act”) into law. The Act amends the Federal Arbitration Act (FAA) to prohibit the mandatory arbitration of sexual harassment and sexual assault claims in arbitration agreements. The Act applies to all sexual harassment [...]
On October 25th and 28th the Equal Employment Opportunity Commission (EEOC) expanded their technical guidance relating to the COVID-19 pandemic and provided additional information on religious accommodations under Title VII of the Civil Rights Act of 1964 as they pertain to vaccination mandates. Title VII of the Civil Rights Act generally requires employers to accommodate [...]
This fall the US Bureau of Labor Statistics released its Job Openings and Labor Turnover Summary, which analyzes trends in job openings, hires, and separations in the public and private sectors. Their summary for September 2021 demonstrated a record high level of turnover in both the public and private sectors with approximately 4.4 million workers [...]
Cincinnati, Ohio is one of several cities expanding equal access to bathroom facilities. Effective January 1, 2022, all single-occupancy toilet facilities in public buildings and places of public accommodation must be open to all persons, regardless of their sex, gender identity, physical or mental capacity, or familial status. Practically speaking, this means public buildings and [...]
The Sixth Circuit Court of Appeals issued a decision concerning lawsuits brought by pretrial detainees under the Fourteenth Amendment. In its decision, the Court has sided with the Second, Seventh, and Ninth Circuits in holding that the Supreme Court’s decision in Kingsley v. Hendrickson, 576 U.S. 389 (2015), requires removal of the subjective component for [...]
On September 8, 2021, the NLRB released NLRB Memo GC 21-06 which directs NLRB regional offices to consider “the full panoply of remedies available” when determining compensation to employees and unions subjected to unfair labor practices (“ULP”). Under the National Labor Relations Act, private sector employees enjoy the right to collectively bargain over the terms [...]