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Ohio

Manager’s careless comment on accent shows discrimination under ELCRA

09/01/2007

Under Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), it’s direct evidence of discrimination if a supervisor or manager with hiring or firing power makes comments about an applicant’s or employee’s foreign accent. That’s why it’s crucial for HR to remind managers and supervisors to watch what they say …

Can employees agree to waive their FMLA rights?

09/01/2007

Q. I have been told the company cannot require an employee to sign a valid release of a potential FMLA claim. We recently have gone through a downsizing. We have a severance policy that provides a nice benefit, but to qualify, the employee must sign a general release promising not to sue the company over any employment-related matter. The release includes any claim under the FMLA. Is that OK? …

Drug testing: Minimize lawsuit risk with smart policy

09/01/2007

You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance-abuse prevention programs carry big-time legal risks if they’re not managed properly. Employers can safely administer drug testing before hiring someone, during a fitness-for-duty test and after a preventable accident …

OK to terminate disabled worker—If there’s no way to accommodate

08/01/2007

The ADA says disabled employees are entitled to reasonable accommodations—but the key phrase is “reasonable” …

When posting jobs, spell out negatives as well as positives

08/01/2007

Do you spell out all the details about the internal job opportunities you make available? If you don’t, you should
—including the negatives …

Did employee file small claims case? You may get later lawsuit tossed

08/01/2007

One cardinal rule of law is this: You can only be sued once for all claims related to a particular wrong …

Whistle-Blowers held to letter of the law

08/01/2007

The Ohio whistle-blower law protects employees who report wrongdoing from retaliation. But that doesn’t mean employees can add a whistle-blowing claim every time they sue after being discharged …

Pregnancy discrimination costs Kohl’s a $2.1 million verdict

08/01/2007

An Akron woman who worked for 10 years as an assistant manager at seven Kohl’s department stores sued for pregnancy discrimination after she was repeatedly passed over for store manager positions …

Roadside smokers prompt Honda to reconsider property-Wide ban

08/01/2007

To comply with the state smoking ban, Honda Motor Co. made its Marysville plant and surrounding property smoke-free on Feb. 8. By Feb. 9, visitors and employees began driving off the property to smoke …

Ohio public pension funds must cut terrorist ties

08/01/2007

Ohio’s public pension funds must dump more than $500 million in investments with companies that do business with Iran and Sudan, lawmakers decided in June …