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Ohio Employment Law Blog

Exploring alternate ways to address gender concerns at work

To meet the legal definition of harassment, an action must be severe or pervasive enough to create a hostile working environment. Therefore, employees in Ohio and elsewhere might not have a case against their employer even if they are the victim of lewd comments or sexual innuendo. However, lewd or sexually suggestive comments could be indicative of how managers perceive their workers, and that could have an impact on their careers.

In one recent case, women at Nike created a survey that was eventually sent to the company's CEO. The female employees claimed that they were marginalized and passed over for promotions. Furthermore, some claimed to have been called names or received emails about a colleague's breast size.

Being Declined From a Job For Having "Too Much Experience" May Be Evidence of Age Discrimination

The Age Discrimination in Employment Act of 1967 (the "ADEA") prohibits discrimination against older workers, including employment practices that have a disparate impact on older workers. In Kleber v. Carefusion Corporation, No. 17-1206, the Seventh Circuit Court of Appeals emphasized that these protections extend to applicants as well as existing employees.

Target seeks to settle discrimination lawsuit

For many workers in Ohio, facing racial discrimination and other types of civil rights violations on the job can be an all too common reality even when working for large employers. For example, the major retail chain, Target, recently agreed to a $3.7 million settlement after a lawsuit that alleged that its process of criminal background checks discriminated against African American and Latino applicants. The settlement is currently pending court approval.

Under the terms of the settlement, the retailer will give priority to hiring Latino and black applicants who had previously been rejected from employment due to a background check. The lawsuit claims that these rejections often related to offenses that were years old or were unrelated to the positions to which they applied. The NAACP Legal Defense and Education Fund said that the background check procedures harmed many qualified people looking for a good job, noting that these types of overly broad checks can limit opportunities for black and Latino workers in a way that amounts to racial discrimination.

Nilges Draher Files Collective Action On Behalf Of Huntington Bank Call Center Employees

Earlier this week, our firm filed a collective action lawsuit for unpaid overtime on behalf of a former Huntington Bank call center employee. The complaint alleges that Huntington failed to pay its call center employees for time spent booting up computers and logging into phone systems. If you worked for Huntington as a call center employee, please call us at (330) 470-8656. 

When Employer's Go Too Far - Disability-Related Inquiries and Medical Examinations under the Americans with Disabilities Act

ADA Image.jpgThe Americans with Disabilities Act ("ADA") limits an employer's ability to make disability-related inquiries or require medical examinations. During employment, employers "shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature and severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity." Any employee can challenge a disability-related inquiry or medical examination that is not "job-related and consistent with business necessity."

Class Action Lawsuit Filed Against Securitas Electronic Security For Unpaid Overtime

The Fair Labor Standards Act ("FLSA") requires employers to pay non-exempt employees time and a half for all hours worked over 40 per work week. Most call center employees qualify for overtime pay. Call center employees may be required to perform "off the clock" work, resulting in unpaid overtime for these employees. This "off the clock" work commonly includes, among other things, booting up computers and logging in and out systems and programs. There have been several lawsuits that have been brought and settled on behalf of call center employees.

You're entitled to equal pay, but are you getting it?

For far too long the prevailing theory behind paying women less than men was that men had wives and children at home for whom they were the sole financial support. This provided employers with a rationalization for paying women less by assuming they were simply making "extra" money and not solely responsible for the support of the family.

Fortunately, a plethora of legislation beginning in 1963 changed all that. With the passing of the Equal Pay Act in 1963, employers could no longer substantiate paying women less for the same amount of work due to antiquated notions about the American family.

Former cheerleader files discrimination claim

Some Ohio pro football fans may have heard that a former cheerleader for the New Orleans Saints has filed a complaint with the Equal Employment Opportunity Commission. The woman, who was fired because of an unproven allegation that she attended the same party as a football player and a photo she posted to Instagram, is arguing in the complaint that the discrimination is sex-based because the rules for cheerleaders do not apply to players.

The New York Times investigated further and found that the organization has several requirements that only apply to cheerleaders. They cannot post photos of themselves to social media wearing Saints gear, and they must have private accounts and block NFL players. They also must leave any unapproved events if an NFL player is there even if it is dinner in a restaurant in some cases. Players are not under the same obligation to not contact cheerleaders.

Don't Assume You're Not Entitled To Overtime Just Because You Are Not Paid By The Hour

The Fair Labor Standards Act requires that employers pay an overtime premium to most employees for all hours worked in excess of 40 per workweek. This applies to all non-exempt employees, even if they are paid a salary, day-rate, piece-rate or commission. Thus, never assume that you are not entitled to overtime because you are not paid by the hour. The class of employees who are not entitled to overtime (i.e., non-exempt employees) is fairly narrow. And, employers that claim an employee is exempt has the burden to prove it.

Listen To Attorney Chris Lalak's Radio Interview On March Madness In The Workplace

Employment Litigation Practice Group Leader, Chris Lalak, recently appeared as a guest on Cleveland NPR radio program The Sound of Ideas to discuss employment law issues related to March Madness. If you missed the live March 15 broadcast on Cleveland NPR Affiliate WCPN and the Ohio News Network, video and audio of the program can be found here. The interview with Chris begins at approximately 35:30 of the audio broadcast, and 38:15 of the video broadcast.

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Nilges Draher LLC
7266 Portage Street NW
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Massillon, OH 44646

Phone: 330-470-8656
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