Abortion discrimination = pregnancy discrimination

Thanks to, among other states, Alabama, Georgia, and Ohio (sorry about that last one), the debate over abortion is raging. Suppose you are staunchly anti-abortion, and you learn that one of your employees is considering, or has had, an abortion. Can you fire her?

Thus far, three courts have looked at this issue, and all three courts have all reached the same conclusion.

No.

No, the feds should not ban noncompetes because of #MeToo

A recent op-ed in the USAToday argues that the federal government should outlaw noncompete agreements because they trap workers in abusive workplaces.

Since women who complain about harassment face retaliation and even termination, often the only way to escape it is to find a new job. Yet for many women, continuing their careers with a new employer turns out to be impossible. 

That is because of noncomplete clauses. After they have resigned or even been fired, workers bound by noncompetes cannot accept employment in the same line of work or industry as their former employer for a specified period in a certain city, state or even the entire country. Nearly 30 million working people, including more than 12 million women, are locked into their jobs because of noncompete clauses.…

By depriving them of outside employment opportunities, noncompetes lock victims of harassment into abusive environments. 

I could not disagree more. Noncompete clauses are not responsible for trapping sexual harassment victims in abusive workplaces.

Ohio lawmakers seek to expand the protections of the Ohio Whistleblower Act

Laws protecting whistle-blowers from retaliation have a long and storied history in the annals of American law. Indeed, according to The Personal Toll of Whistleblowing, recently published in The New Yorker*, these laws date back 241 years to the American Revolution and the Second Continental Congress:

The first documented whistle-blowing case in the United States took place in 1777, not long after the signing of the Declaration of Independence, when a group of naval officers, including Samuel Shaw and Richard Marven, witnessed their commanding officer torturing British prisoners of war. When they reported the misconduct to Congress, the commanding officer charged Shaw and Marven with libel, and both men were jailed. The following year, Congress passed a law protecting whistle-blowers, and Shaw and Marven were acquitted by a jury.

Crasslighting — Oops, #NotYou is NEVER a defense to #MeToo

Gaslighting — the manipulation of someone by psychological means to question their own sanity. It’s a term you’ve likely heard of.

But, have you heard of crasslighting? Me neither, until I read Did he just harass you or are you imagining it? You might be a victim of ‘crasslighting.’ in The Washington Post.

WIRTW #552 (the “comment of the week” edition)

Big thanks to Kristi Birkeland for the comment of the week, in response to yesterday's 12th blogiversary post.

If I ever I get the t-shirts and coffee mugs printed with this tagline, Kristi gets the first one.

Happy 12th Anniversary to the Ohio Employer Law Blog

Twelve years ago today I launched the Ohio Employer Law Blog.

On May 9, 2007, I published, The Song Remains the Same — Has Burlington Northern Really Changed the Landscape of Retaliation Claims? Not my finest work, but everyone’s gotta start somewhere.

In the dozen years since, I’ve published 3,135(!) posts, which you have read millions of times. It’s truly astounding to me, and I thank all of you who have read, clicked, shared, commented, and connected with me over the years. The absolute best part of this endeavor is the relationships I’ve built and friendships I’ve made.

Workplace civility shouldn’t be something we have to legislate

Workplace harassment isn’t illegal unless it is harassment because of some protected characteristic (sex, race, age, religion, national origin, disability, or any other class protected by law). Generalized workplace bullying or other mistreatment is not illegal unless it falls into one of those categories. Indeed, as the Supreme Court has repeatedly reminded us, workplace discrimination laws are not “a general civility code.”