Blog

The Equal Employment Opportunity Commission (EEOC) filed a lawsuit on September 26, 2018 alleging that Bath & Body Works refused to consider a reasonable accommodation request made by an employee and then discharged her because of her disability. Bath & Body Works is a national retail chain that sells bath and beauty products. The EEOC reported the employee had vision issues related to diabetes. When the employee requested a larger monitor for the register, she was sent home and her hours were reduced. The store manager bought a cheap magnifying glass and humiliated the employee by presenting it to her in front of her co-workers. The alleged conduct violates the Americans with Disabilities Act (ADA), which requires the employer to investigate and discuss an employee's request for reasonable accommodations. Title 1 of the ADA of 1990 prohibits private employers, State and local governments, employment agencies and labor unions with 15 or more employees, from discriminating against qualified individuals with disabilities.

Fall has to be one of my favorite seasons. While everyone else is wishing for a few more days of summer, I am counting down the days until the leaves start changing colors and the temperature begins to cool. With the coming of a new season, however, comes a new set of safety concerns. Here are a few to help you and your family have a safe and happy fall! 1. Check your furnace. If your furnace hasn't been used since last winter, it is probably a good idea to have a heating and cooling company service your furnace to be sure everything is in working order. 2. Use a space heater or fireplace with caution. Never leave a burning fire or space heater unattended. Keep your home safe by using a fireplace screen to keep sparks from flying out. 3. Don't burn leaves. Burning leaves produces dangerous and cancer-causing chemicals. Instead, consider bagging them and taking them to your local yard waste disposal facility. 4. Check the batteries in your smoke alarms and carbon monoxide detectors. 5. Watch for children. Cooler weather allows for children to play outside more. School is also in session. Be aware of bus stops in your neighborhood and children crossing the road to get to the bus/bus stop. For those of us with pets, here are a few safety tips to keep your pet safe during the fall: 1. It is tick season! Check your cat or dog for ticks if they have been outside for prolonged periods of time, especially if they have been playing in the leaves. Consider getting your pet a flea and tick collar or treat them with the appropriate medication. 2. As the weather gets colder, don't leave your animals outside for extended periods of time. 3. Keep decorations out of the way. Cats and dogs may think your shiny decorations are new toys. Some decorations contain toxic metals or could become a choking hazard. We hope these tips help keep everyone safe and healthy this fall!

Age discrimination might sneak up gradually on employees in Ohio. For this reason, AARP has published information about ageism in the workplace to help people recognize the warning signs. The organization advocates for older people, and one of its senior attorneys recommends that people document changes in treatment at work as soon as they notice them because they might need the information to defend themselves from discrimination if it emerges. At large companies with many employees, age discrimination might become apparent if layoffs and firings affect older workers more than younger workers. This form of discrimination is currently the subject of a lawsuit against IBM. Three former employees allege that the company targeted older employees for dismissal and would not consider them for open positions. New and unappealing work assignments represent another tactic that employers use to force people to resign. Companies might try to avoid overt discrimination by giving older workers unpleasant jobs. Bad performance reviews, especially if they suddenly emerge after years of satisfactory reviews, are another way that companies try to inspire older workers to quit. A lack of raises or bonuses for older workers could be discrimination as well, particularly if younger workers are getting paid more. Employers generally try to hide their discriminatory practices. A person who believes that age, sex, religion, disability or race caused mistreatment or wrongful termination could ask an attorney how to respond. An attorney could look at the evidence and offer an opinion about how strongly it might support a claim of workplace discrimination. To defend a person, an attorney might approach an employer directly with the evidence and request a financial settlement. In some cases, a formal complaint to the Equal Employment Opportunity Commission or a lawsuit might provide a means of holding an employer accountable for illegal conduct.

Post-traumatic stress disorder should not be taken lightly. This mental health issue can be debilitating for you. If you want to continue to work and support you and your family, your employer cannot stop you. The law protects you from discrimination due to PTSD. Of course, your employer does not have to keep you on if you present a danger to yourself and others, but those dangers must present a substantial risk of significant harm in order to be a valid reason for terminating you. Your employer cannot make that assessment based on stereotypes or myths about PTSD. In fact, if you can perform your job duties with reasonable accommodation, your employer cannot discriminate against you in any way. What constitutes a reasonable accommodation for PTSD? In some ways, that depends on what you need. If you need alterations to your schedule to attend medical or mental health appointments, it could be an accommodation. Other reasonable accommodations could include something such as the following: The ability to work from home Modified work assignments Supervisory modifications A quiet space to work A device that provides you with a workspace free from outside noises and movements Many people only have PTSD to a point where it substantially limits their ability to function for a temporary period. This does not negate your right to reasonable accommodations during your recovery period. You only need to show that your "normal" working conditions make it impossible for you to work. If the accommodations are reasonable and do not place an undue hardship on your employer, the Americans with Disabilities Act and the Equal Employment Opportunity Commission require the company to make the necessary adjustments. Starting the process You only need to request an accommodation to begin the process. Your company may have a policy regarding making such requests. If so, you should follow it. If one does not exist, then you should start with your supervisor or someone in human resources. The company may require you to provide proof of your condition and some sort of documentation indicating that you need a reasonable accommodation to work. This is one of the only times when your employer may request that you divulge information regarding your condition. It may be a good idea to document everything as you go through this process in case you need to take legal action at a later time.

Mark Steines, former co-host of the Hallmark Channel's Home & Family, filed a lawsuit Thursday alleging the network and parent company, Crown Media, fired him after he reported on-the-job sexual harassment and verbal abuse. Steines was let go in May 2018 after making several complaints that the show's executive producer harassed and abused producers on the show. The lawsuit recounts two specific incidences including a report of a photograph that was circulated of the executive producer grabbing and forcing a kiss on a female producer. Steines reported the photo to his rep in hopes the network would take action. There are also allegations that the executive producer engaged in gender discrimination by making a female colleague beg for vacation time and that he made an admission of anger management and rage problems. Additionally, Steines alleges that management failed to take any action and instead took away work and cut his salary before eventually firing him. This lawsuit comes after months of men and women in television and movies revealing numerous accounts of sexual harassment and abuse. There are laws in place to protect witnesses and employees from retaliation who report sexual harassment. It is important for both men and women to report instances of sexual harassment in the workplace. Nilges Draher prides itself on protecting the rights of those who have been harassed and/or retaliated against. If you feel you have been harassed or retaliated against, call our office for a free consultation.

A former housekeeper for Clarion Hotels has filed a class action lawsuit taking aim at Clarion Hotels' overtime policy. The Fair Labor Standards Act (FLSA) and many state laws prohibit employers from paying less than time-and-a-half to employees that work over 40 hours per week. The complaint, filed in the Eastern District of Pennsylvania, alleges that the Philadelphia-area hotel promised to pay housekeepers an additional $5 for every room cleaned beyond the required 16 rooms during their scheduled eight-and-a-half hour shift. The complaint alleges the supervisors routinely added more rooms to the housekeepers' service list causing them to regularly work overtime. Assuming that each room takes at least half an hour to clean, $5 per room likely does not equate to required time-and-a-half rate. The suit seeks class and collective claims under both the FLSA and Pennsylvania's minimum wage laws. The complaint reports that the class could include a few thousand members. The FLSA was enacted in 1938 and established standards for minim wages, overtime pay, recordkeeping, and child labor. If you believe you are owed overtime, you have a right as an employee to request to be compensated overtime wages. While there are anti-retaliation laws, not all comments qualify for anti-retaliation protection. You should talk with an attorney to see if your employer has potentially withheld overtime wages.

Some Ohio workers may be subject to what is referred to as subtle harassment. Actions may include making too much or not enough eye contact. Simply glancing too many times in a person's direction or the way that someone looks at a colleague could also be considered discrimination or harassment. While it can be hard to define subtle discrimination, it can be just as damaging as unwelcome touching or comments of a racist or sexual nature. In some cases, looking at a person or offering to help an individual are not done with malicious intent. For example, a colleague may want to help another person walk on a slippery floor or with the pile of papers that he or she is carrying. Of course, it is important for workers to distinguish between disrespect and social awkwardness. Some people won't look anyone in the eye or stare at everyone who walks through their field of vision. Regardless of the type of complaint a person wishes to make, that individual should be able to bring up the matter with HR without feeling foolish. Once a complaint is made, HR should take action if it is warranted even if it can be difficult to communicate what is taking place. Those who witness harassment are encouraged to say something when they see it occur. Anyone who feels as if they have been discriminated against may want to consider their legal rights. In some workplace discrimination cases, it may be possible to obtain compensation or other relief from an employer. Compensation may be awarded if a person was wrongfully terminated or if discrimination led to a demotion or stopped a person from advancing within the company.

CBS, Charlie Rose and Charlie Rose Inc. have filed a motion to dismiss the lawsuit filed by three former CBS employees. The three female employees alleged Charlie Rose made unwanted sexual advances against them. Two of the employees were fired after coming forward about the misconduct. The employees also claim the company knew about the behavior but failed to address it until eight former colleagues came forward last November. The women allege Rose not only made lewd comments but also inappropriately touched them while they worked at CBS. Rose argued the allegations that he repeatedly touched the women's arms, shoulders, backs and waists are "routine workplace interactions" and "does not establish that a reasonable person in plaintiffs' employment relationship would have perceived the alleged conduct as unwanted gender-based conduct." This suit comes after several months of actors, actresses, TV personalities, and others involved in the TV and film industry speaking out about their own sexual abuse and harassment. Sexual harassment victims can be both men and women. While the law does not prohibit simply teasing or isolated incidents that are not serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision. The harasser can be a supervisor, co-worker, or someone who is not an employee of the employer.

We are excited to announce that Nilges Draher has opened a second office in Cleveland, Ohio! Thanks to the hard work of Attorney Christopher Lalak, Nilges Draher now has an office in Cleveland's Terminal Tower. We are looking forward to being able to provide additional convenience to our clients in the Cleveland and surrounding areas. Our office in Massillon will continue to serve as our firm's home office. In light of our firm's growth, we are now looking to hire an additional Client Service Specialist. If you or someone you know is interested, check out our job posting on Indeed or send your resume to careers@ohlaborlaw.com. We are looking forward to this new adventure and to continued growth!

Women in Ohio and across the country run the risk of facing workplace discrimination whether they work at a small business or at a major corporation. In one prominent example, a group of former female employees of Nike sued the sports gear manufacturer, accusing it of promoting an environment of systematic discrimination against women on the job. Specifically, the women's lawsuit accuses Nike of discriminating against female workers in terms of promotions, pay and employment conditions. The women are seeking class-action status for their lawsuit. Charges of discrimination at Nike first received widespread notice in March when a group of women at the company presented the results of a survey about women's experience in the workplace to the CEO. Following the results, which alleged widespread pay discrimination and other severe issues, the company's CEO announced a leadership restructuring that included the termination of 11 executives. In addition, 7,000 workers at Nike were given raises after an internal review of gender discrimination and other pay disparities at the company. The company said that it had failed to live up to its obligations to promote and hire women and that many women felt a lack of respect and denial of opportunities. In the interim, the women who filed the lawsuit said that they were deprived of opportunities to advance their careers, including enhanced salaries, bonuses and stock options. They said that they complained to the company's human resources department about discrimination but were ignored or dismissed; they are seeking compensation for lost pay and other damages. Despite the rise of the #MeToo movement and the spotlight on sexual harassment and gender discrimination at work, women continue to suffer from these abuses on the job. Women who have been discriminated against at work may consult an employment lawyer to take legal action and seek justice for unlawful treatment.

Employees of Coca-Cola Refreshments USA Inc. filed charges against their employer alleging that the company did not provide appropriate accommodations for employees who return from disability-related absences. Not only did Coke Refreshments agree to compensate the employees, it has agreed to update its accommodations policies and procedures as well as provide financial support to entities dedicated to helping individuals with disabilities find and keep employment. The company is also planning to establish a dedicated accommodation and leave team to provide assistance to employees. The EEOC and Coke Refreshments were able to reach the agreement through conciliation, which is attempted before the EEOC files a lawsuit. Representatives for the EEOC commended Coke Refreshments for setting an example for other employers to follow and for making the agreement public. The terms of most agreements with the EEOC are kept confidential. Employers are required under federal law to provide reasonable accommodation to an employee with a disability, unless doing so would cause a significant difficulty or expense for the employer. Additionally, employees cannot be discriminated against when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. The EEOC reports it is also illegal to harass an employee or application because he or she has a disability. Harassment can include offensive remarks that are so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment action. If you believe you have been the victim of discrimination or harassment related to a disability, contact our office at 330-470-4428 for a free consultation. For more information about disability discrimination, click here.

Earlier this month, members of the Nilges Draher staff donated blood as part of our Community Outreach Initiative. In addition, Nilges Draher will be donating $1 for every new like on our Facebook page during the month of August. The American Red Cross does more than blood donations, however. They also help with disaster relief and military families, provide international services and various trainings and certifications. Disaster Relief The American Red Cross provides many services during natural and other disasters. They provide overnight shelters, emergency supplies, health and mental health contacts, meals and snacks, volunteers and employees to help where necessary, and emergency response vehicles. The American Red Cross launched a campaign in 2014 aimed at the prevention of house fires. Since its inception, they have installed over 1.4 million smoke alarms in over 590,000 households. Blood Donations "Every two seconds someone in the U.S. needs blood. It is essential for surgeries, cancer treatment, chronic illnesses, and traumatic injuries. Whether a patient receives whole blood, red cells, platelets or plasma, this lifesaving care starts with one person making a generous donation." One blood donation can save up to 3 lives. You can find out more about blood donations through the Red Cross by clicking here. International Services Red Cross has over 17 million volunteers in nearly 200 countries. They deliver aid during emergencies such as earthquakes and droughts, but did you know they provide vaccines and help prepare neighborhoods for future disasters? The Red Cross has provided over 2 billion measles and rubella vaccines since 2001. Military Families The Red Cross offers support services to active military and veteran families. Volunteers provide home comforts and critical services on bases and in military hospitals around the world. The Red Cross offers courses including coping with deployment, pre-deployment preparedness and reconnection workshops. Training and Certifications In addition to all of the services they provide, the American Red Cross also offers training and certification classes in the following areas: first aid, CPR, AED, babysitting and caregiving, swimming, CNA (certified nursing assistant), and BLS (basic life support). It is clear that the Red Cross is a good source of information and services. They also have a blog with a wide range of topics from tailgating and back-to-school safety tips to blood donation and disaster relief. For more information about the Red Cross, check out their website here.