Woman fired for IVF will test bounds of Title VII’s ministerial exception
It’s no secret that I approach employment law from a pro-employer viewpoint. It’s right in the blog’s title: The Ohio Employer’s Law Blog. ...
Archive: April 2012
WIRTW #223 (the “or are you just happy to see me” edition)
By Jon Hyman
This has been a busy week in employment law land, with the EEOC protecting transgendered employees and announcing its long-awaited guidance...
EEOC announces new guidance on the use of criminal background checks under Title VII that focuses on individualized assessments of past crimes
By Jon Hyman
Yesterday afternoon, the EEOC announced its long awaited, and, by employers, long dreaded, Enforcement Guidance on the Consideration of Arre...
EEOC pronounces protections for transgender workers
By Jon Hyman
Title VII does not, on its face, protect transgender workers from discrimination. Increasingly, however, courts have extended its protection...
“Eat Shop Sleep” underscores the importance of proactively addressing wage and hour issues
By Jon Hyman
You might want to pay attention to the Department of Labor’s latest press release . The U.S. Department of Labor’s Wage and Hour Divisi...
As the public policy turns
By Jon Hyman
Last summer, in Alexander v. Cleveland Clinic Foundation , the Cuyahoga County Court of Appeals held that a police officer, fired after seve...
WIRTW #222 (the “exhausted” edition)
By Jon Hyman
Federal jury trials are exhausting. Looking forward to getting my life back. Here’s what I read this week (during my down time, on my iPho...
The Bachelor as discrimination? Publicity stunt lawsuit undermines legitimate discrimination claims
By Jon Hyman
This week, two African-American men filed what their attorney calls a "landmark civil rights case that will move social justice and ec...
I’m syndicated! Announcing my launch on Workforce.com as The Practical Employer
By Jon Hyman
For content, they say that five years is the magic number. For example, after five years, television shows are eligible for syndication. App...
Don’t post those new NLRB notices—finally
By Jon Hyman
On Monday, I reported that a South Carolina federal court had invalidated the NLRB’s attempt to force employers to post a statement of empl...
More social media woes: employee fired for “liking” gay Facebook page
By Jon Hyman
According to MSNBC , an employee has sued the Library of Congress for firing him after his manager discovered that he had “liked” the “Two D...
Don’t post those new NLRB notices just yet (maybe)
By Jon Hyman
As of this moment, April 30 is still your drop-dead date to post the NLRB’s new employee rights notice . Last Friday, however, a South Carol...
WIRTW #221 (the “what’s in a name” edition)
By Jon Hyman
If you don’t follow me on Twitter (what are you waiting for?), or if you missed the news as it flew by in your stream, my family is adding ...
Standing up for your employees
By Jon Hyman
Last night, the Philadelphia Flyers rallied from 3 goals down to take game 1 of their first round series from their cross-state rivals, the ...
Maryland becomes 1st state to ban requiring employees’ social media passwords
By Jon Hyman
The public outcry against employers requiring the job applicants turn over their Facebook passwords has resulted in legislation. Maryland h...
National origin harassment depends on the national origin of the harassee
By Jon Hyman
Consider the following examples, both of which come from harassment cases decided in the past two weeks by the Northern District of Ohio: ...
Get rid of at-will employment? Give me a break!
By Jon Hyman
On Donna Ballman’s blog, Screw You Guys, I’m Going Home , she argues for a radical change to at-will employment. She believes that unemploym...
WIRTW #220 (the “social assassin” edition)
By Jon Hyman
Passover starts at sundown tonight. I have nothing employment-related for this tidbit of information (don’t treat your workers like the phar...
Disturbing study about the (mis)use of employers’ confidential information
By Jon Hyman
Here’s the good news: According to a recent survey conducted by FileTrek , 79% of Americans believe that removing confidential files from t...
NLRB Administrative Law Judge splits the baby in ruling on a social media policy
By Jon Hyman
Anytime any piece of the NLRB takes action with regard to an employer’s social media policy, it’s newsworthy (even if you’re getting tired o...
Dealing drugs disqualifies an employee from collecting workers’ comp
By Jon Hyman
Ever heard of the phrase “sustained remunerative employment?” In the world of workers’ compensation, it means that if you are earning money,...
An good example of an overly broad social media policy
By Jon Hyman
Reuters is reporting that a union representing employees at a New York grocery chain has asked the NLRB to investigate whether the store’s ...