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Ohio

Disciplining? Consider employee’s FMLA status

05/06/2011
Employees who take FMLA leave may have a retaliation case if their employers discipline them differently than other employees and can’t explain why. That’s why you must be able to explain every discipline decision and differentiate between seemingly similar conduct.

Showing sympathy doesn’t create ADA liability

04/18/2011
Employees who turn out not to meet the definition of “disabled” can still sue for disability discrimination based on their employer’s perception that they are disabled. That doesn’t mean, however, that supervisors can’t express concern and sympathy when an employee reveals a problem. Nor does it mean they can’t offer accommodations at that point or explain what types of leave are available.

You can justify differing discipline for similar conduct

04/15/2011

Some employers believe that if several employees break the same rule, they must be punished exactly the same. That’s true—to a point. You can discipline one employee more harshly than another if you can show why you believe their conduct wasn’t so similar after all.

Employee complained about discrimination? That doesn’t excuse shoddy or dangerous work

04/15/2011

Employees who file EEOC or other complaints about discrimination are protected from retaliation for doing so. But that doesn’t mean employers aren’t allowed to discipline employees who have complained—if the situation legitimately calls for discipline. You must, however, be very careful to document the underlying reasons.

Accommodate disabled workers, but don’t accept mediocre job performance

04/15/2011

Yes, employers must reasonably accom­modate employees with disabilities. But that doesn’t mean they have to provide a perfect workplace—or tolerate subpar performance. Instead, make the accommodations that are reasonable. If the employee still can’t perform her job’s essential functions, you can terminate her.

Boss nagging employee about FMLA leave? Prepare for lawsuit

03/31/2011
Short staffing makes management difficult. When an employee is out on medical leave, others have to pick up the slack. Still, remind supervisors that they can’t push employees who are out on FMLA leave to perform work while on leave. They also can’t ask employees to return early from FMLA leave. Either one is just asking for legal trouble.

Dayton revises police exam following race bias settlement

03/31/2011

As part of a settlement with the U.S. Department of Justice, the city of Dayton has revised its police entrance examination. The DOJ and Dayton had settled a 2009 suit involving allegations that the city discriminated against black applicants who applied for jobs in both the police and fire departments.

Jury awards $900,000 in age discrimination case

03/31/2011
A 30-year veteran at University Hospitals in Cleveland has won an age discrimination case in Cuyahoga County court. Gloria Parks argued that her supervisor blamed her for the mistakes of two younger co-workers because he favored young, female workers.

Ohio Supreme Court refuses to hear false ticket case

03/31/2011
Beth Rist, former Ironton police officer and current Ironton City Council member, appears to have exhausted her legal appeals in her battle to return to uniform. The Ohio Supreme Court has declined to hear her case.

Worker returning from FMLA leave? You can refuse to reinstate

03/31/2011
Under the law, an employee who takes FMLA leave is entitled to return to the same position he or she held when leave started or to an equivalent position. However, there are situations when employers can refuse to reinstate workers returning from FMLA leave—but only under limited circumstances.