Disability Discrimination Law in Ohio is a Mess

Let's start with the obvious: it is illegal in Ohio for an employer to discriminate against an employee because of the employee's disability. It is not always easy to figure out who this proscription covers, because Ohio's statute (R.C. 4112) and the federal statute (the ADA) have their own...

Even terminations over “genitalia sandwiches” can generate lawsuits

The court properly granted summary judgment because reasonable minds could only conclude that appellant's actions in photographing an inmate placing his penis on a sandwich and then feeding the sandwich to another inmate were manifestly outside the scope of employment. I can promise you read that...

BREAKING: SCOTUS rules pharmaceutical reps are exempt outside salespeople

Today brings a bonus second post, because the Supreme Court just released its long-awaited ruling in Christopher v. SmithKline Beecham Corp. [pdf] The Supreme Court, by a 5-4 margin, held that pharmaceutical sales representatives are exempt, outside salespeople to whom employers need not pay overtime...

Pop quiz: Can you condition a job offer on a withdrawal of an EEOC charge?

Consider the following chain of events: 8/14: Pregnant Employee, armed with a doctor's note, asks for modified duty, and employer terminates her. 8/15: Employee files an EEOC charge. 8/18: Employer reconsiders, changes its mind, and decides to offer a light-duty position, consistent with...