Ohio Law Does Not Mandate Preferential Treatment of Pregnant Employees

In McFee v. Nursing Care Management of America, Inc., decided on June 22, 2010, the Ohio Supreme Court provided much anticipated and welcome guidance on pregnancy leaves under Ohio law. Approximately eight months after her date of hire, McFee informed her employer she could not work due to her pregnancy. Her employer's leave policy, however, required all employees to work for one year before being eligible for any leave. McFee was terminated because she left work before she was eligible under that uniformly-applied leave policy. She claimed her termination constituted unlawful sex discrimination on the basis of pregnancy. Read More ›

Sixth Circuit Issues Decision in Sybrandt v. Home Depot

The Sixth Circuit Court of Appeals recently held in Sybrandt v. Home Depot that mere ambiguity in a company policy was insufficient to create a genuine issue of material fact sufficient to withstand summary judgment. In doing so, the Court underscored the need for employers to conduct thorough investigations of allegations of employee wrongdoing. Read More ›

Sixth Circuit Recognizes Claim of Third Party Retaliation

Earlier today, the Sixth Circuit expanded the class of people protected by Title VII’s anti-retaliation provisions to include people who did not personally engage in activity protected by the statute, but who are so closely related to or associated with those who did. In a 2-1 decision, the court, in Thompson v. North American Stainless, held that Eric Thompson could proceed with his claim that he was discharged by North American Stainless in retaliation for an EEOC charge that had been filed by Thompson’s fiancé. Read More ›

Ohio Supreme Court Accepts Two Employment Cases

Earlier today, the Ohio Supreme Court accepted two important employment-related cases.   Read More ›

Ohio Supreme Court Addresses Public Policy/Statutory Interplay

The Ohio Supreme Court recently held, in Leininger v. Pioneer Natl. Latex that “A common-law tort claim for wrongful discharge based on Ohio’s public policy against age discrimination does not exist. .  Read More ›

Sixth Circuit Decides Two FMLA Cases

Sixth Circuit Reinstates Punitive Damages Award in Sexual Harassment Case

On June 26, the Sixth Circuit reversed a trial court’s dismissal of a $75,000 punitive damage award and reinstated the entire judgment in a sexual harassment case.  Read More ›

Supreme Court Limits Race-Based Categorization in School District Cases

On Thursday, a divided United States Supreme Court ruled that allocating school children to schools based on race alone violates the fourteenth amendment to the U.S. Constitution.  The decision does not appear to provide much guidance to employment situations.

OCRC Proposes Changes to Pregnancy Discrimination Rules

The Ohio Civil Rights Commission has proposed changes to the administrative rules relating to pregnancy discrimination. Read More ›