Author: Ohio Employment Law Letter

‘Sex-plus’ discrimination claims are still viable

by Rachel E. Burke The U.S. 6th Circuit Court of Appeals recently addressed the issue of whether a “sex- plus” claim of discrimination, in which a former employee claimed that she was discriminated against specifically for being an African-American female, can be made under Title VII of the Civil Rights Act of 1964. The case […]

Despite flaws, survey finds employers sticking to performance evaluations

If it’s not review season at your organization, you probably aren’t thinking about performance evaluations. Often review time comes around just once a year, and it’s not top of mind any other time—possibly because so many people dread the process.  For human resources professionals, that process can be even more stressful than it is for […]

New Jersey joins states with ‘ban the box’ laws

by Jeffrey A. Gruen New Jersey Governor Chris Christie has signed the state’s “ban the box” legislation, meaning that most employers will be prohibited from asking applicants about their criminal histories until the conclusion of the first job interview. The legislature passed the Opportunity to Compete Act in June, and Christie signed it on August […]

FMLA notice requirements: Are you prepared?

by Jason R. Mau Since 1993, the Family and Medical Leave Act (FMLA) has provided eligible employees with job security for unpaid leave related to certain family and medical issues, including serious health conditions and the care of a newborn baby, a newly placed foster child, or an adopted child. The serious health condition protections […]

The role of leadership in creating transgender-inclusive workplaces

by Dr. Jamison Green Corporate leaders agree that diverse and inclusive workplaces are more productive, versatile, and adaptive in a changing marketplace. But often, when managers think of gender diversity, they think only about gender parity between men and women, or about opening traditionally male occupations to women, or vice versa. Creating a transgender-inclusive workplace […]

Find quiet time alone to think

by Dan Oswald You don’t spend nearly enough time simply thinking. Before you take offense to that statement, consider how much time you spend talking, responding to e-mail, even reading—my guess is that you spend more time doing any one of them than you do thinking. Why do so many people claim they have had […]

San Francisco ‘ban the box’ ordinance starts August 13

by Andrew J. Sommer and Alka Ramchandani San Francisco’s new “ban the box” law, titled the Fair Chance Ordinance, will limit the timing and scope of inquiries into an applicant’s or employee’s criminal history when it takes effect August 13. In addition to banning inquiries into criminal history on job applications, the ordinance also places […]

May the enforceability of your release be with you

by Hannah Roskey We have all been faced with employees’ buyer’s remorse. They accept a severance package, sign a release, cash the severance check, and then claim that the release is unenforceable. Recently the Alberta Human Rights Commission considered this very issue in Marquardt v. Strathcona County.

Determining whether variable-hour employees are entitled to offer of health insurance

by Gesina (Ena) M. Seiler Beginning January 1, 2015, the Affordable Care Act (ACA) will require large employers (with 100 or more full-time and full-time equivalent, or FTE, employees–in 2016 it drops to 50 or more employees) to offer minimum essential health insurance coverage to at least 70 percent (increasing to 95 percent in 2016 […]

OFCCP to issue proposed rule for federal contractors’ collection of comp data

by Federal Employment Law Insider The U.S. Department of Labor (DOL) has announced the issuance of the long-awaited proposed rule requiring federal contractors and subcontractors to submit an annual Equal Pay Report on employee compensation to the Office of Federal Contract Compliance Programs (OFCCP). The rule is scheduled to be published in the Federal Register […]