9th Circuit creates new affirmative defense under the ADA
Earlier this month I reported on the EEOC's Fact Sheet on Employment Tests and Selection Procedures . United Parcel Service provides an ...
Archive: December 2007
My New Year's resolutions for everyone
By Jon Hyman
While it may be trite, the approach of a new year causes us to reflect on the past year and make some resolutions on how to better ourselves...
President Bush expected to veto FMLA expansion
By Jon Hyman
In what can only be described as a surprising turn of events, and in a lesson that would make any grade school civics teacher proud, Preside...
What else I'm reading this week #11
By Jon Hyman
Given the mid-week holiday, it's still been pretty active in the blogosphere. As always, please take the time to click through these lin...
Ohio Supreme Court upholds constitutionality of tort reform legislation
By Jon Hyman
Arbino v. Johnson & Johnson , decided today by the Ohio Supreme Court, upheld the constitutionality of legislation that caps the amount ...
EEOC allows employers to reduce retiree health benefits at age 65
By Jon Hyman
Pursuant to a new Rule published yesterday by the EEOC, employers can take Medicare into account when structuring retiree health benefit pac...
7th Circuit holds that hostile environment is not defined by statutory limitations period
By Jon Hyman
The facts of Bright v. Hill's Pet Nutrition explain that Elizabeth Bright was subject to pervasive harassment because of her sex during...
Court treats bias against transsexual job applicant as gender discrimination
By Jon Hyman
Since the Supreme Court decided Price Waterhouse v. Hopkins 18 years ago, it has been well established that Title VII's protections aga...
Merry Christmas
By Jon Hyman
To all of my readers who have made the first 7 months of the Ohio Employer's Law Blog such a success, and to those who have simply stumb...
NLRB rewrites employee solicitation rules
By Jon Hyman
It is no secret that employers often use non-solicitation policies as a lawful means to limit union activities on company time and property....
Department of Labor investigations highlight important wage and hour compliance issues
By Jon Hyman
Today's Cleveland Plain Dealer reports that the U.S. Department of Labor has found that housekeepers working in Ohio hotels are routine...
What else I'm reading this week #10
By Jon Hyman
We'll start this week with a couple of posts on issues surrounding the drafting and enforcement of employment agreements: Jottings by ...
Some more shameless promotion
By Jon Hyman
I commend to everyone's reading an article in this week's Business Insurance on the Huber v. Wal -Mart case that the Supreme Cour...
Ohio Supreme Court holds that no wrongful discharge claim exists for employee terminated while on workers' comp leave
By Jon Hyman
Four months ago, I reported on Klopfenstein v. NK Parts Industries, Inc. , an Ohio appellate decision which held that Coolidge v. Riverdale ...
Offensive comments are not just for proof of direct evidence
By Jon Hyman
Today, we are going to play a little game. The following is an excerpt from Vincent v. Brewer Company , a sex discrimination case decided by...
Groping of mall Santa raises potential sexual harassment issues
By Jon Hyman
The story of the Connecticut woman arrested for inappropriately groping a mall Santa is making the rounds this morning. ( Woman accused of ...
Lord of the pants - When is the right time to countersue?
By Jon Hyman
This morning's USA Today is reporting that famed Irish dancer Michael Flatley has won an $11 million judgment against a woman who had ...
The Fox who cried wolf: 6th Circuit finds that mere discussions of a pending lawsuit does not amount to protected activity
By Jon Hyman
If an employee files a charge of charge of discrimination, and then openly discusses with others his strong desire to sue the company for di...
Some shameless self-promotion
By Jon Hyman
I'm quoted in an article in Business Insurance Magazine on the Greer-Burger vs. Temesi Ohio Supreme Court retaliation decision: Jonat...
What else I'm reading this week #9
By Jon Hyman
Not surprisingly, another active week across the blogosphere. Please support my fellow bloggers by checking out some of these links. We...
House passes expansion of FMLA for military families
By Jon Hyman
By an overwhelming vote of 370-49, the House yesterday approved legislation that would, among other things, expand FMLA leave rights for the...
The year's worst employees
By Jon Hyman
It's the time of year when everyone is putting out their year-end best of lists, and the employment realm is no exception. Careerbuilder...
Ohio Supreme Court holds that an employer's lawsuit against an employee who has engaged in protected activity is not per se retaliation
By Jon Hyman
This morning, the Ohio Supreme Court issued a significant retaliation decision, Greer-Burger v. Temesi , which holds that "an employer ...
Should companies move their employment work to small and mid-sized law firms?
By Jon Hyman
Last week, the Legal Intelligencer, as posted on Law.com , reported on the filing of a legal malpractice lawsuit by a nonprofit agency, the ...
Supreme Court grants cert petition in Huber v. Wal-Mart Stores
By Jon Hyman
Huber v. Wal-Mart Stores poses the following question: if an employer has an established policy to fill vacant job positions with the most ...
Has the time come for a workplace porn audit?
By Jon Hyman
Last week I wrote about the importance of monitoring workplace technology in the context of a Second Circuit case, which held that the mere ...
What else I'm reading this week #8
By Jon Hyman
The Evil HR Lady has had a busy week: Internal Policy , on whether a company has an obligation to rehire a former employee. Dress Codes...
Don Imus case illustrates the difficulty of dealing with language in the workplace
By Jon Hyman
There's been a lot of ink spilled this week in both the print media and the blogosphere about the return of Don Imus to the airwaves. (...
Binghamton University considers adding a law school
By Jon Hyman
You may wonder why a lawyer in Cleveland, Ohio, would care if Binghamton University (nee, the State University of New York at Binghamton) ...
EEOC issues guidance on testing and selection procedures
By Jon Hyman
The EEOC yesterday published a fact sheet offering some guidance for employers on the use of employment tests and selection procedures, and ...
BREAKING NEWS: State halts new maternity leave regulations
By Jon Hyman
So I've been saying for the past few months that once the OCRC adopted its new maternity leave regulations, passage by the legislative J...
How far to the right has the Supreme Court swung?
By Jon Hyman
In reporting on yesterday's oral argument in Sprint/United Management v. Mendelsohn , the New York Times asks the question: "Has t...
Supreme Court to hear arguments today on issue of "me too" discrimination
By Jon Hyman
Sprint/United Management v. Mendelsohn , which will be argued today at the Supreme Court, raises an important evidentiary issue that arises ...