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LGBTQ Discrimination Law Update
As a developing area of the law, there are three noteworthy updates for cases relating to LGBTQ discrimination under Titles VII and IX of the Civil Rights Act of 1964... Learn More.
SCOTUS Allows Unlawful Pretrial Detention Claims Under Fourth Amendment
The United States Supreme Court recently held that the Fourth Amendment allows unlawful pretrial detention claims to be brought under 42 U.S.C. § 1983, even if the detention occurs after the start of the legal process... Learn More.
Customer Service Rep With Anxiety Attacks Could Not Perform Essential Functions of Her Job
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... Learn More.
Ohio Enacts CCW Friendly Measures: Firearms in Employee Vehicles; Public Buildings; and Other Places
On November 18, 2016, The U.S. Sixth Circuit Court of Appeals issued a decision in UAW v. Hardin County, a case regarding whether or not local government may pass a law prohibiting union-security agreements under the National Labor Relations Act where that state has not passed a right-to-work law... Learn More.
Termination Letter Considered Public Record Under Ohio Law
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... Learn More.
Senate Bill 331: Only the State & Federal Government Can Raise Minimum Wage
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)... Learn More.
Court Affirms SERB Dismissal of ULP Charge as Untimely
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 did not abuse its discretion in dismissing a union member’s Unfair Labor Practice Charge as untimely... Learn More.
FHKAD Secures Summary Judgment for Township Age Discrimination/Retaliation Case
FHKAD attorney David Riepenhoff secured summary judgment for an Ohio Township in a recent age discrimination and retaliation lawsuit. ... Learn More.
HB 2 Seeks to Make Employer-Friendly Changes to Ohio Discrimination Law
House Bill 2, introduced on February 1, 2017, and currently in committee, would make changes to the Ohio Civil Rights Law and the procedure for filing charges with the Ohio Civil Rights Commission... Learn More.
Proposed Legislation Would Allow PTSD Workers’ Comp for First Responders
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 eligible for workers’ compensation, without requiring them to show an accompanying physical injury... Learn More.
FHKAD Attorneys Secure Dismissal of Union Grievance as Non-arbitrable
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... Learn More.
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