Is exposure to generalized offensive comments enought to create a hostile environment?
Yesterday, we examined Reeves v. C.H. Robinson Worldwide in discussing whether an employer has an obligation to ban the use of radios in th...
Archive: April 2008
Harassment by radio station
By Jon Hyman
Reeves v. C.H. Robinson Worldwide , decided yesterday by the 11th Circuit, asked the following question: Whether daily exposure to languag...
What are an employer's responsibilities to an employee taking FMLA intermittent leave?
By Jon Hyman
Intermittent leave continues to be the thorn in employers' sides in administering the FMLA. One key burden that intermittent leave puts ...
What else I'm reading this week #28
By Jon Hyman
Allow me to start this week with some self-promotion. To the immediate right of this post is a sidebar entitled Subscribe . It uses technolo...
Court vindicates employer who turned a blind eye to a request for a reasonable accommodation
By Jon Hyman
Buboltz v. Residential Advantages, Inc. , decided last week by the 8th Circuit, illustrates the important point that merely because an emplo...
Ledbetter Fair Pay Act dies in Senate
By Jon Hyman
Paul Secunda at the Workplace Prof Blog and CNN each have the details.
White House comes out against Ledbetter Fair Pay Act
By Jon Hyman
It's been nearly a year since the Supreme Court decided Ledbetter v. Goodyear Tire & Rubber Co. , which held that the statute of lim...
School's ban of tag underscores why the workplace bullying movement might catch on
By Jon Hyman
Today's example of society's downward spiral to wussification, which plays right into the hands of the anti-bullying movement , come...
Firing of Food Network host illustrates resume fraud
By Jon Hyman
Cleveland restaurateur and Iron Chef Michael Symon is set to take over as the new host of the Food Network's Dinner: Impossible series ...
EEOC settles landmark "cat's paw" discrimination case
By Jon Hyman
When an adverse employment decision is made by a person who lacks impermissible bias, but was influenced by another individual who was moti...
What else I'm reading this week #27
By Jon Hyman
I thought it only appropriate to start this week's review with a picture from the balcony where I did a lot of this week's reading. ...
Fired for not smoking
By Jon Hyman
Hopefully everyone is aware that Ohio is a smoke-free state . With limited exceptions, it is illegal to smoke in any workplace within the s...
Employment of teenagers brings new harassment headaches for employers
By Jon Hyman
[A]n employer can avoid liability under Title VII for harassment (on a ground, such as sex, that constitutes a form of discrimination that t...
Why I'm a management-side lawyer
By Jon Hyman
In responding to my piece from yesterday on Colorado's just cause initiative , Professor Paul Secunda at the Workplace Prof Blog had th...
Protecting employment at-will
By Jon Hyman
At-will employment is one of the hallmarks of American employment law. "Under the employment at will doctrine, either party to an emplo...
What else I'm reading this week #26
By Jon Hyman
As you're reading this, I'm hopefully sitting poolside with my family in Vero Beach, Florida. Until I'm back next week, probably...
Deconstructing race, ethnicity, and national origin
By Jon Hyman
Even though this blog is called the Ohio Employer's Law Blog, I often write about issues that come up outside of Ohio because I think t...
Butt painter settles wrongful discharge lawsuit
By Jon Hyman
In the update that I know everyone's been waiting for, Stephen Murmer, the Virginia high school art teacher terminated after school offi...
Employment lessons from The Office
By Jon Hyman
NBC's The Office should be required viewing for any HR professional or employment lawyer. In honor of its return tomorrow night, US New...
Indiana Supreme Court permits expert testimony on "workplace bullying"
By Jon Hyman
In what could be considered the first major judicial opinion on workplace bullying, the Indiana Supreme Court, in Raess v. Doescher , permit...
New Jersey to adopt paid sick leave - is Ohio next?
By Jon Hyman
While the Ohio Healthy Families Act stalls in the legislature, and Sick Days Ohio, the group lobbying for this bill, gathers signatures to ...
Court reminds us that harassment must be because of a protected class to be actionable
By Jon Hyman
Williams v. Spitzer Auto World, Inc. , decided this week by the Lorain County, Ohio, Court of Appeals, is a great illustration of the danger...
10 reasons why I love my job
By Jon Hyman
The National Law Journal has published its 15th annual list of bizarre employment law cases . My favorite is actually number 10: "Mater...
What else I'm reading this week #25
By Jon Hyman
It's a constant struggle to decide which is the hotter topic in employment law -- wage and hour lawsuits or retaliation claims. I've...
Failure to hire "because of litigation" may constitute retaliation
By Jon Hyman
Another day, another retaliation case out of the 6th Circuit. In Cline v. BWXT Y-12, LLC , the company declined to hire Cline, a former empl...
Wal-Mart relents on reimbursement of medical costs
By Jon Hyman
Last week I reported on Wal -Mart's lawsuit against a brain damaged ex-employee for the reimbursement of her health care costs . As of t...
Ohio court finds no public policy for opposing corporate accounting irregularities
By Jon Hyman
One would think that in our post-Enron corporate environment, employees, even in non-public companies, would be free to oppose corporate ac...
Carnival of HR 30 is available
By Jon Hyman
Please take a minute to surf over to Fortify Your Oasis and read this week's compilation of the blogosphere's best HR and employmen...
6th Circuit recognizes claim for associational retaliation
By Jon Hyman
The 6th Circuit continues to broaden the scope of retaliation claims, and in the process make it more and more difficult for employers in Oh...
Repeat after me: "I will not pull a cheesy April Fools' Day prank."
By Jon Hyman
I thought I'd share with everyone Mark Toth's (from the Manpower Employment Blawg) excellent thoughts on how not to get sued on Apri...