News

On March 7, 2018, the United States Sixth Circuit Court of Appeals held that discriminating against an employee based on their transgender or transitioning status is a violation of Title VII. EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., 2018 U.S. App. LEXIS 5720 (6th Cir. 2018). Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. In recent years, there has been a stream of litigation debating whether or not the “because of sex” language in Title VII applies to discrimination based on an individual’s sexual orientation or transgender status. The former employee was terminated by the funeral home after informing the owner that she planned to transition from a male to a female and would be representing herself as a woman [...]

FHKAD is pleased to announce that Frank Hatfield has accepted a position to become the next Risk Control Manager at CORSA. Frank has been a valued member of our team for more than a decade and he will be missed. However, we are excited about his opportunity to begin a new chapter of his career and wish him great success.

On February 26, 2018, the United States Second Circuit Court of Appeals held that Title VII of the Civil Rights Act prohibits discrimination on the basis of an employee’s sexual orientation. Zarda v. Altitude Express, 2018 U.S. App. LEXIS 4608 (2018). Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. In recent years, there has been a stream of litigation debating whether or not the “because of sex” language in Title VII applies to discrimination based on sexual orientation. In Zarda, an employee alleged that he was fired for his sexual orientation. The employee was a sky diving instructor, and as such, would be attached to a customer on dives in order to properly release the parachute. The employee often mentioned his sexual [...]

On January 22, 2018, the United States Supreme Court reversed the decision of the U.S Court of Appeals for the District of Columbia in District of Columbia, et al. v. Wesby, et al. The Court found that: (1) the arresting officers had probable cause to arrest for unlawful entry and (2) the officers were reasonable in their belief that the arrests were lawful, and therefore were entitled to qualified immunity. On January 22, 2018, the United States Supreme Court reversed the decision of the U.S Court of Appeals for the District of Columbia in District of Columbia, et al. v. Wesby, et al. The Court found that: (1) the arresting officers had probable cause to arrest for unlawful entry and (2) the officers were reasonable in their belief that the arrests were lawful, and therefore were entitled to qualified immunity. In [...]

On January 4, 2018, the Department of Justice (“DOJ”) issued a Memorandum to announce that federal prosecutors may exercise judgment when deciding whether to prosecute marijuana-related crimes.   The DOJ’s Memorandum may be found at: https://assets.documentcloud.org/documents/4343688/AG-Marijuana-Enforcement-1-4-18.pdf.  The DOJ rescinded the Obama administration’s hands-off policy which de-emphasized prosecution of federal marijuana laws in states that legalized marijuana, recreational or medicinal.  The decision allows federal prosecutors unfettered discretion to prosecute marijuana-related crimes. Most Ohio employers prohibit possession or use of marijuana, including medical marijuana, because an employee’s authorized use of medical marijuana under state law provides no additional rights or protections relative to employment.  Ohio employers that have zero-tolerance drug policies prohibiting use or possession of marijuana for all purposes are not impacted by the DOJ’s announcement.  Ohio employers that do not maintain such a prohibition should review their policy and revise as [...]