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Deciding to have children could prove to be a bad career move for women in Ohio. A recent article at a major newspaper highlighted accounts of pregnancy discrimination at large employers. One woman who worked at a commodities trading firm was told by her boss that she had nowhere to go at the workplace because of she was old and having babies. Another example presented a Walmart distribution center employee whose supervisor had resisted granting her breaks for morning sickness until she brought in a note from her doctor. When a doctor's note also said that she needed to avoid heavy lifting, the supervisor recommended that she take unpaid leave because she created a liability for the company. In addition to discrimination lawsuits that document illegal comments from employers, studies have analyzed the effects of motherhood on women's careers. Data collected across twenty years demonstrates the prejudice shown pregnant people and mothers. One law professor said that the maternal wall limited women's career prospects before they ever hit a glass ceiling. Despite widespread discrimination, the law takes the side of working mothers. The Pregnancy Discrimination Act bars employers from treating pregnant women differently than other people in regards to job opportunities, pay and benefits. A person confronted by workplace discrimination could ask an attorney for a case evaluation. An attorney may decide to review hiring practices, payroll records, employee evaluations and statements from managers to see if a pattern of illegal mistreatment emerges. To pursue a settlement, an attorney might communicate the violations directly to the employer or write a complaint for the Equal Employment Opportunity Commission. If a case requires litigation, an attorney may decide to prepare court filings and describe the discrimination to a jury. These actions might result in a financial settlement.

As I was looking through the articles on Yahoo for a new blog topic, I came across this "Serena Williams is being addressed as 'Mrs' at Wimbledon, raising new questions about tradition" and it piqued my interest. It appears that Serena Williams being called "Mrs." Williams is out of the norm for Wimbledon. Yahoo reported for the 134 years that women have been allowed to compete at Wimbledon, if a competitor is married, the announcers use the husband's name. For example, Yahoo reported "Chris Evert won in Wimbledon in 1974 and 1976, before she was married, and is listed as 'Miss. C.M. Evert.' But when she won in 1981, after marrying John Lloyd, she was listed as 'Mrs. J.M. Lloyd.'" Using the husband's name makes it sound as though a completely different person won. These women have worked hard and deserve their name in the spotlight, not their husband's. In a different Yahoo article, it was reported that when a woman wins a match it is announced as "Game, Miss/Mrs. Smith" but for a man it is simply "Game, Smith." When this was brought up to several players in interviews, they all reported they did not know this is how the matches were called. While these players did not seem to care, why are women in professional sports defined by their relationship status and/or husbands? Moreover, why do women in professional sports receive such little attention? While scrolling through the sports section on Yahoo, 95% of the articles are based on men in professional sports. Now I know many of you have heard of the WNBA, but did you know there was a professional softball league? Probably not. National Pro Fastpitch (NPF) has been around since 2004, has only 5 teams and hosts players from the US, Australia, Canada and China. Now let's look at Major League Baseball (MLB). The MLB has been around since 1869 and has 30 teams. Just looking at the websites between the two leagues, there is a major difference. The NPF website has a page for each individual team with each player listed. The MLB has so many teams and players that it offers a search option for active and historical players by league, position, and team. Let's jump back to the WNBA, shall we? The WNBA was established in 1996, with the first season commencing in 1997. The WNBA is comprised of 12 teams. The NBA was established in 1946 and consists of 30 teams. The NBA's website reports it hosts 82 regular season games, more than double the WNBA's 34. We're not even going to touch on the subject of compensation, other than to say there is a significant difference between NBA and WNBA players. Over the last several years, there has been a push for women in professional sports to be treated equal to their male counterparts. Women's sports are becoming more and more popular. These women have worked hard to become the best in their sport and should be treated as such. The topic of gender inequality is not only present in professional sports but in every aspect of society. Women in America make $0.80 on the $1 when compared to their male counterparts. Notably, we've recently seen in Hollywood, female actresses make less than their male costars. The fact that women are still defined by having children and marriage status is astounding. Several of the articles I came across regarding the women competing at Wimbledon centered around the fact they were mothers and/or recently married. Why is this still the center of discussions of women in sports, business, etc.? Why are we focused on a woman's personal life, rather than her skills and abilities? Women have come a long way in sports and business, but we still have a long way to go. If you believe you have been discriminated against based on your gender, contact our office for a free consultation. https://www.nytimes.com/2018/07/04/sports/wimbledon-serena-williams.html https://sports.yahoo.com/serena-williams-addressed-mrs-wimbledon-raising-new-questions-tradition-152210824.html

Disability discrimination is prohibited under federal law in Ohio and in the rest of the nation. Despite the prohibition, many companies engage in unlawful discrimination against employees based on their disabilities. A lawsuit was recently filed by the Equal Employment Opportunity Commission against a Walmart in Washington, D.C. because the store reportedly failed to provide reasonable accommodations to deaf workers. According to the lawsuit, the Walmart failed to offer its deaf employees communication accommodations such as sign language interpreters. This prevented the workers from being able to participate in meetings at their jobs. Under the Americans with Disabilities Act, employers are supposed to provide reasonable accommodations to disabled employees. The accommodations that are offered do not have to be the same ones that are requested by the workers. However, as long as a reasonable accommodation doesn't place an undue burden on an employer, the employer must provide it. The EEOC states that employers must offer communication accommodations to deaf employees so that they are able to participate in meetings and communicate with their co-workers and supervisors. People who believe that their employers have failed to provide reasonable accommodations to them for their disabling conditions might want to talk to experienced employment law attorneys. The lawyers might explain the provisions of the Americans with Disabilities Act and analyze whether the employers' actions violated the law. If the actions appear to be discriminatory in nature, the attorneys may assist their clients with filing discrimination charges with the EEOC. In some cases, the EEOC will issue notices that people have the right to file lawsuits. If that happens, the attorneys may file the complaints on behalf of their clients in the appropriate federal or state court. Source: HR Dive, " EEOC alleges DC Walmart failed to accommodate deaf employees," Lisa Burden, June 19, 2018.

The temperature has been on the rise the last several weeks, so we thought we would share some summer safety tips, as well as some ways to enjoy the summer and stay cool! Those who are at high risk of a heat-related illness include people 65 and older, children younger than two, and people with chronic diseases or mental illness. Here are a few ways to avoid overheating this summer: Perhaps the easiest, and most understated, tip is to stay indoors! If you don't have to go out, don't. If you must go out, wear loose, lightweight, light-colored clothing. Stay hydrated by drinking plenty of fluids. Avoid using the stove or oven to cook. Do not take children or pets outside for long periods of time. Wear plenty of sunscreen and don't forget to reapply often. Cool off by taking a cold shower. Don't have air conditioning? Head to the mall or library for a few hours. Avoid spending time outside during the hottest part of the day, around 3:00 PM. There are many activities to enjoy during summer. Here are some of our favorites: "My family likes to lounge at the beach or the pool and have family BBQ's. We also enjoy spending time at baseball and softball games." - Shannon "We like going to the zoo and playing outside. Our favorite way to stay cool is by swimming or playing in the sprinkler." - Michaela "We love to go to zoo as a family. Swimming is the best way to cool down in the summer." - Tawnie "I like going to baseball games with my family. I also enjoy spending time golfing, relaxing at the pool, or taking a walk on a nature trail." - Hans "My husband likes to spend time fishing, while I like to spend time at the pool with family. My favorite way to cool down in the summer is by eating ice cream." - Kayla "My son and I like taking camping trips, going to car shows, and counting down the days to the beginning of football season." - Taylor "I enjoy taking my sons fishing and spending time together as a family." - Chris Canton, Massillon, and surrounding areas offer a variety of activities both indoors and out. If you have children, you can take them to the Pro Football Hall of Fame, SkyZone, Laser Quest. Wanting to spend time outside? Consider visiting Dogwood Park, Baylor Beach, or Clay's Park. If you're looking to sneak a little education in over the summer, you can visit the Massillon Museum of Art or the William McKinley Presidential Library and Museum. Adults can spend the evening away at Gervasi Vineyard, Maize Valley Winery and Craft Brewery, or Fat Head's Brewery. There are several places to enjoy a bite to eat, as well. Taggart's Ice Cream features soups, salads and sandwiches. Perhaps the best part of their menu is the homemade ice cream! If you are looking for something more upscale, you can try Lucia's Steakhouse, Basil Asian Bistro, or 91 Wood Fired Oven. Whether you are wanting to get out and enjoy the summer or spend time at home relaxing with your family, we hope you have a safe and enjoyable summer!

June 13, 2018 marked the 50 th anniversary of the Age Discrimination in Employment Act (ADEA). The ADEA was signed into law by President Lyndon B. Johnson. The purpose of the ADEA was to protect workers aged 40 or older. Employees of businesses with 20 or more employees, state and local governments, employment agencies, labor organizations and the federal government are all covered under the ADEA. The Equal Employment Opportunity Commission reported that more than 40% of the Civilian US Labor Force in 2017 was age 45 or older. So why is age discrimination still an issue? Older employees are often portrayed as behind the times when it comes to working with technology and working in general. While this may be the case for some, this is not the case for all. Because of the era they grew up in, many baby boomers have a strong work ethic and probably outwork their younger counterpart. Computers did not become common in classrooms, households, and businesses until the 1980s. It is important to remember that not everyone grew up using a computer from a young age. With advancements in technology, comes a learning curve. After all, baby boomers were born prior to a computer being a necessity. Age discrimination can come in many forms such as not being hired for a position, being laid-off, or being passed over for a promotion. Comments made based on age are probably the most easily identifiable acts of age discrimination. A jury in California recently awarded a woman $31 million in an age discrimination suit after it was found that her employer made age-based comments until she finally quit. At Nilges Draher, we protect workers' rights. If you feel that you are facing age discrimination in the workplace, contact us today for a free consultation. It is important that you retain experienced employment counsel who can help you navigate the law and stand up for your rights. Do you believe you are the victim of age discrimination? Read through the following frequently asked questions to see if you may be protected under the ADEA. Q: Who does the Age Discrimination in Employment Act (ADEA) protect? A: The ADEA protects certain job applicants and workers who are at least 40 years old from discrimination based on age in hiring, promotion, termination, compensation, and terms of employment. The ADEA applies to employers with at least 20 employees, labor organizations with at least 25 members, employment agencies, and federal, local, and state governments. Independent contractors and military personnel are not protected under the ADEA, and every state will have its own laws for protecting older workers. Q: Can an employer ask my age during a job interview? A: Currently, it is legal for employers to ask your age and/or your graduation date. This includes prospective employers asking for this information during a job interview. Q: Is age discrimination common? A: According to AARP, 1 in 5 of the discrimination claims received by the EEOC are related to age discrimination. Q: What can I do if I have been discriminated against because of my age? A: You can file a claim with the EEOC and you can also work with a lawyer to file a lawsuit. It is always best to consult with a lawyer first. Nilges Draher offers free consultations and will help you assess your options.

With the 4 th of July holiday fast approaching, here are some things to consider for a safe and happy holiday: · Sparklers can reach temperatures above 1000°F. Children should not use sparklers unsupervised. · Never carry fireworks in your pocket or shoot them into metal or glass containers. The explosion can cause serious injuries to you or another. The Consumer Product and Safety Commission reported there were an estimated 12,900 fireworks related injuries in 2017. Of those, 8,700 occurred during a study period between June 16, 2017 and July 16, 2017. · In Ohio, you can purchase fireworks from a licensed wholesaler or manufacturer. But, Ohio law requires a permit to set off large scale fireworks. Only novelty and trick fireworks can be set off by unlicensed individuals. · Many dogs, and even cats, are afraid of fireworks. Do not bring your pet to a fireworks display. Bring your pet inside to protect them from the sound and shock of fireworks. If your pet must be outside during a fireworks display, make sure they are wearing appropriate identification tags, in case it runs off. · Veterans, especially those who were in combat, may have an ill response to a fireworks display. If you know of any veterans in your neighborhood, be respectful and let them know you are planning to set off any type of firework. For those wishing to attend a fireworks display, here is a list of some being held in Stark County: · Massillon Independence Day Celebration - July 3, 2018 at 9:30 PM · Clays Park Resort Fourth of July - July 4, 2018 at 9:30 PM · Alliance July 4 th Fireworks - July 4, 2018 at dusk · North Canton Celebration in the Park - July 4, 2018 at dusk Nilges Draher would like to wish everyone a safe and happy 4 th of July!

Despite significant advances for women workers in Ohio since the passage of the Equal Pay Act in 1963, a gender pay gap continues to persist. This gap has the strongest impact on women of color, reflecting legacies and realities of race and sex discrimination on the job and in society. Every year, advocates draw attention to the pay gap by marking Equal Pay Day, which denotes the extra time a woman has to work into the new year to symbolically achieve the same pay that an average man earned the previous year. In 2018, April 10 was Equal Pay Day for the average American woman. For women of color, however, the wait for equal pay is far longer. African-American women see Equal Pay Day on August 7, Native American women on September 7 and Latina women on November 1. In practice, Black women make only $0.63 for every dollar earned by white men. Native American women earn $0.57 and Latin women $0.54; white women earn $0.79 for every male dollar. Economists note that the gender pay gap persists for a number of reasons, including workplace discrimination. While women are achieving their college degrees faster than men, they continue to remain in low-wage jobs. In particular, women of color are disproportionately represented in the nation's minimum wage workforce, especially in positions like retail sales, personal care aids and home health workers. Women of color make up 17 percent of all workers in the United States, yet they comprise 33 percent of these positions. Discrimination and violation of federal wage and hour laws are illegal. An employment attorney can help a worker who has been faced with unjust treatment pursue legal action.

Workers in Ohio and throughout the country have the right to job protection and unpaid leave in certain medical and family emergencies according to provisions of the Family Medical Leave Act, or FMLA. One noteworthy case involving Thurston Foods Inc. brought up the issue of whether asthma attacks qualify for protection under the law. The court found that in this circumstance, asthma was indeed protected under the provisions of the FMLA. The Thurston Foods Inc. case involved an employee who worked as a router and distributor while suffering from walking pneumonia. When the employee returned to work after a two-day absence, their request for a reduced work schedule to recover from illness was refused. A short time later, the employee suffered an asthma attack and went to the emergency room. Upon return, the employee refused to work a full schedule and was discharged by the company. The employee in this case filed both retaliation and interference claims against their employer for violation of the FMLA. The court found in favor of the plaintiff on both counts. Seeking emergency medical treatment was protected by the FMLA, and the employer's demands on the employee to work a full shift even after the asthma attack counted as interference. Thurston Foods Inc's scheduling demands had a "chilling affect" on the plaintiff's ability to exercise their rights. Employees who believe their Family Medical Leave Act rights have been violated following an asthma attack or other emergency situation may wish to consult an attorney. A lawyer may help their client figure out whether their situation qualifies under the FMLA and whether filing a claim is in their best interest.

1964 is when the Civil Rights Act first guarded against workplace harassment in Ohio and throughout the nation. When you go to work, you have the right to reasonably expect that your employer has met his or her obligations to keep you as safe as possible on the job and to prevent a hostile work environment that places you at risk for injury through harassment. Workplace harassment violates Title VII of the Civil Rights Act. If someone is singling you out because of your religion, age, appearance, ethnicity, race, age or gender, and bullying you or otherwise treating you in a prejudiced or harmful way, you can take steps to bring the matter to your employer's attention. If the employer is the culprit, it helps to know how to tap into local legal resources for support. Defining the term Not all unpleasant behavior on the job would constitute legal harassment. Just because you don't get along with a co-worker or manager doesn't mean they are harassing you. However, unwelcome behavior addressed toward you because of your personal background or in retaliation for something you have done (like filing a whistleblower report) may indeed be grounds for filing a harassment complaint. Recognize the behavior No one should touch you in a way that makes you feel uncomfortable in the workplace. Also, you may also bring quid pro quo concerns to the appropriate officials' attention. This is when an employer promises you a raise or a promotion in exchange for sexual favors. No incentive, bonus, wage increase or other added benefit at work should come with a price tag that compromises you as a person. It's easy to become anxious and worried about your future when such circumstances arise but always good to remember that you don't have to sit back and do nothing. There are several ways to approach such problems. Take action to end unlawful actions Some Ohio workers panic when they realize they are the subject of harassment. Some misguidedly think that, if they just stay quiet and ignore it all, it will eventually stop. This is almost never the way situations like this unfold, however. You have a right to a peaceful work environment that does not affront you or cause you economic or personal injury. By gathering evidence, documenting each incident and telling those necessary, you may be able to get things back on track sooner, rather than later.

Ohio football fans may be interested to learn that two former employees of the Detroit Lions filed a lawsuit against the Lions and the NFL for age and racial discrimination. The lawsuit was filed in Wayne County Circuit Court on April 5 by a former director of video operation and a former assistant video director. Although it was noted that the Lions have been going through a department-wide change in personnel since January 2016, the two former employees had been employed by the team for a long period of time. One of the employees said that he made complaints about certain racial comments that were being made by another employee. He was terminated soon after making the complaints. The other employee was fired after allegedly standing up for the terminated employee. However, he alleged that he had racial comments made towards him as well. According to an attorney for the former employees, the two men were seeking compensation for lost wages and emotional distressed caused by their terminations. The court stipulations noted that the amount being sought was in excess of $25,000. It is illegal for companies to allow racial discrimination to occur in the workplace. If an employee reports incidents of discrimination, which can include racial comments, and the employer fails to come to a proper resolution, the victim may have some legal options. An attorney could review the case to determine if workplace discrimination did occur and if the employee's rights were violated. If the client has a case, the attorney may file a lawsuit in an effort to recover damages.

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. Companies should do whatever it takes to prevent employees from being victims of harassment. In some cases, upgrading an anti-discrimination policy is both the right thing to do and a way to reduce legal liability. By taking more action against managers when they engage in what seem like minor transgressions, they can prevent more serious acts from occurring. Ideally, companies will emphasize to managers the amount of trust that workers need to have in them. They should also stress that managers are supposed to provide equal opportunities to all workers. Employees who experience sexual harassment or workplace discrimination based on gender at work may choose to take legal action against their employers. If successful, employees might be entitled to compensation for back pay or benefits lost because of a demotion or wrongful termination. An attorney may review the case to determine if harassment was harsh enough to constitute a hostile working environment using evidence such as witness statements.

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. In Kleber, a 58-year old attorney applied for a position, but was ultimately not selected for an interview as the employer specifically sought employees with no more than seven years of experience. The employee brought suit, arguing the employer's policy of excluding experienced employees was "based on unfounded stereotypes and assumptions about older workers," "deters older workers from applying for positions," and "has a disparate impact on qualified applicants over the age of 40." The Seventh circuit agreed, and overturned the lower court's dismissal of the case. If you have been declined for a job because you had "too much experience," or if you feel you have otherwise been discriminated against on the basis of age by a current or prospective employer, we would like to speak with you. Please contact us for your free consultation today.