Ohio legislature refuses to move on LGBTQ employment protections despite strong state-wide, bipartisan support to the contrary

There is no law in the state of Ohio that prohibits employers from discriminating against employees based on their sexual orientation or gender identity.

The Ohio Fairness Act—otherwise known as House Bill 369 and Senate Bill 11—seeks to change this legal abomination.

The 2nd nominee for the “worst employer of 2020” is … the uncaring chief

Three posts into 2020 and we already have our second nominee for the year’s worst employer. And this one is just plain awful.

From Salt Lake City’s Fox 13 News:

A mother is filing a lawsuit against a Salt Lake City-based company after she claims they fired her once they learned her son had cancer. 

Federal appeals court orders NLRB to determine whether workplace harassment laws trump the National Labor Relations Act

You might recall Constellium Rolled Products Ravenswood, a 2018 NLRB case in which the Board held that offensive graffiti scrawled on an employee’s timesheet (“whore board”) constituted a lawful exercise of protected concerted activity.

Recently, the D.C. Circuit Court of Appeals held that the NLRB shirked its responsibility by not considering addressing any alleged conflict between its interpretation of the NLRA and the Company’s obligations under state and federal equal employment opportunity laws to maintain a harassment-free workplace.

The 1st nominee for the “worst employer of 2020” is … the repeat, repeat offender

If there’s a better way of starting 2020 than with the first nominee for the year’s worst employer, I’m not sure what it is.

Meet Dru DiSilvestro, the manager at an electrical contractor in Elmer, NJ, accused of sexually harassing Kimberly North, a 23-year-old employee, while in the midst of litigation brought by another employee accusing DiSilvestro of flashing his penis and leaving a dildo on her desk. And that wasn’t even the first lawsuit accusing DiSilvestro of harassment. His employer settled another even earlier suit accusing him of sexually crude language.

’Twas the Employment Law Night Before Christmas

In what will become an annual tradition for my last post of the year, I bring you the holiday classic, ’Twas the Employment Law Night before Christmas.

To all of my readers, thank you for a great 2019.
I’ll see everyone on January 6, 2020, with fresh content to kick off the new year.

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’Twas the night before Christmas, when all through the office
Not a creature was stirring, well, just one of the bosses;
The bonuses were paid by the company with care,
In hopes that no ungrateful employees would swear.

WIRTW #581 (the “home invasion” edition)

“A Day in the Life,” by (Not) The Beatles

Woke up, fell out of bed
Dragged a Bic across my head
Found my way downstairs to make a cup
And looking up I noticed…
there were three elderly Asian people in my kitchen!

This actually happened to me Monday morning. And technically, it was two elderly Asian people in my kitchen and one in my bathroom. 

I had accidentally left the garage door open the night before, and they had accidentally wandered into the wrong house. After a lot of dog barking, and yelling, and confusion, they wandered out into the early morning darkness. I have no idea who they were, where they came from, or where they went. It was most definitely the strangest morning of my life, and maybe the strangest home invasion of all time.

Here’s what I read this week.

NLRB rolls back 2 key Obama era anti-management decisions

This week, the National Labor Relations Board decided two cases that rolled back key Obama era anti-management NLRB decisions.

• Apogee Retail LLC d/b/a Unique Thrift Store, which overturned Banner Estrella Medical Center and held that work rules requiring confidentiality during the course of workplace investigations are presumptively lawful.

• Caesars Entertainment d/b/a/ Rio All-Suites Hotel and Casino, which overturned Purple Communications and held that an employer can lawfully restrict employee use of its email system as long as it does so on a nondiscriminatory basis.