Moving Away from Mandatory Arbitration Over Sexual Assault and Harassment Claims
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 and sexual assault claims that arise or accrue on or after March 3, 2022. Thus, any claims that existed prior to March 3, 2022 can still be subjected to mandatory arbitration, but the mere presence of an arbitration agreement entered into before March 3, 2022 with a mandatory arbitration clause for such claims does not exempt the Act’s required changes. Consequently, any pre-dispute arbitration agreements for sexual assault and sexual harassment claims arising on or after March 3, 2022 are invalid and unenforceable. However, the [...]
The Next Supreme Court Justice Will be a Black Woman, What About Your New Manager?
On January 27, 2022, President Biden announced that the next justice nominated to the US Supreme Court will be a black woman. The President’s announcement left many questioning whether his appointment violates Title VII of the Civil Rights Act, which prohibits race and sex-based employment decisions. However, the protections provided in Title VII only extend to covered employers and employment-related decisions, and not to judicial or other appointments. So, while the President can guarantee the next Supreme Court justice will be a black woman, employers cannot set forth race or sex-based requirements for hiring or promotion decisions. Such race-based or sex-based decisions are discriminatory in and of themselves. But this leaves many employers wondering – how do I increase diversity if I cannot make race and sex-based employment decisions? In order to increase diversity without acting in a discriminatory manner, [...]
Fishel Downey Albrecht & Riepenhoff LLP Announces New Partner
Fishel Downey Albrecht & Riepenhoff LLP is pleased to announce that Angelica M. Jarmusz has become a Partner with the firm. Jarmusz joined FDAR in 2014 and focuses largely on the representation of law enforcement agencies and their officers in civil rights litigation, as well as labor and employment matters. She is also well versed in governmental liability and immunities, having worked as an assistant prosecutor before joining the firm. Jarmusz is a graduate of The Ohio State University, Moritz College of Law. “I love the work we do, and I love our clients,” said Jarmusz. “To now play a larger role in advancing the firm’s vision is really an honor." About FDAR: Fishel Downey Albrecht & Riepenhoff LLP (FDAR) is a mid-sized law firm located in New Albany, Ohio, with 13 attorneys specializing in many areas of law. The [...]
FDAR Attorneys Chosen for Ohio Super Lawyers and Rising Stars
Congratulations are in order for several Fishel Downey Albrecht & Riepenhoff LLP attorneys that have been selected as 2022 Ohio Super Lawyers and Ohio Rising Stars by Super Lawyers® Magazine! Congratulations to our Super Lawyers: Benjamin Albrecht, Daniel Downey, Marc Fishel and David Riepenhoff and to our Rising Stars: Angelica Jarmusz and Stephanie Schoolcraft. To learn more about our law firm's credentials,
The Right Way to Receive and Review Religious Exemptions
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 an employee’s sincerely held religious beliefs, practices, and observances absent undue hardship. However, unlike accommodations for physical or mental disabilities, the laws around religious accommodations are much less clear. The EEOC guidance clarifies how employers should assess and process religious accommodation requests. The guidance clarifies that the onus is on the employee to request a religious accommodation to an employer’s vaccination policy. There are no “magic words” an employee must use to request a religious accommodation. An employee simply needs to inform their employer that [...]