This week, the U.S. Equal Employment Opportunity Commission published several new proposed rules, designed to explain how the federal disability discrimination law, the Americans with Disabilities Act (“ADA”), applies to employer wellness programs. The rules provide important guidance for employers and employees in Cleveland workplaces about how to balance the dual goals of protecting the rights of individuals with disabilities and promoting healthy workplaces. [Read more…]
In a 6-3 decision yesterday, the U.S. Supreme Court sided with a pregnant employee who brought a discrimination lawsuit against her employer for refusing to grant a pregnancy-related lifting restriction. While the case is an important victory for employees overall, in some cases, the Court’s ruling might actually make it harder for victims of pregnancy discrimination to prove their claims. The case is Young v. UPS, Case No. 12-1226.
As Cleveland pregnancy discrimination lawyers, we have seen a number of cases involving pregnant workers denied lifting restrictions by their employers, particularly in the healthcare field and factory setting. For these employees, the Court’s decision is going to have a significant impact on whether they can successfully pursue a claim. [Read more…]
Beginning on March 27, 2015, a big change in the Family and Medical Leave Act (the “FMLA”) will protect Ohio employees in same-sex marriages for the first time. On that day, a new regulation issued by the Department of Labor in the wake of the U.S. Supreme Court’s decision in United States v. Windsor will change the FMLA definition of “spouse” to include lawfully married same-sex spouses. As a result, Ohio employees in same-sex marriages entered into in other States will finally be afforded the same protections granted to other married couples under the FMLA. [Read more…]
It takes guts to speak up when your employee breaks the law. But not all whistleblower complaints are created equal. When an employee reports corporate fraud or shareholder fraud to a supervisor or someone else inside the company—as opposed to a government agency—there can be a question whether that report entitles the employee to protection from retaliation.
If you are an employee in Cleveland, Akron, or anywhere else in Ohio who reported fraud by your employer and were retaliated against as a result, the Cleveland whistleblower retaliation attorneys at Bolek Besser Glesius LLC may be able to help. [Read more…]
The Sarbanes-Oxley Act of 2002 (“SOX”) provides remedies for employees of publicly traded companies who are retaliated against by their employers for reporting suspected corporate fraud or other misconduct related to shareholders. A recent case decided by the United States Court of Appeals addressed an important question that is not completely clear from the language of the statute itself: whether SOX whistleblowers can recover emotional distress damages. Siding with the Department of Labor and two previous federal Courts of Appeal to examine the issue, the Court answered yes.
Although the case did not arise in Ohio, it has potentially significant ramifications for employees who find that they need a Cleveland corporate fraud whistleblower attorney. [Read more…]
On December 18, 2014, the United States Department of Justice announced it would begin taking the position that federal employment discrimination law protects employees from discrimination on the basis of gender identity. The announcement represents a shift in policy that means transgender employees in Cleveland, and throughout Ohio and the U.S., have a new and important ally in fighting workplace discrimination. [Read more…]
On December 18, 2014, the civil rights attorneys at Bolek Besser Glesius LLC filed a freedom of religion lawsuit on behalf of a young Muslim woman from Cleveland who was forced to attend Christian prayer services against her will by the Cuyahoga County Sheriff’s Department while incarcerated at the Cuyahoga County Jail.
Filed in the United States District Court for the Northern District of Ohio against Cuyahoga County, the Cuyahoga County Sheriff, and one of the offending corrections officers, the case has garnered national attention. The case is titled Majeed v. Cuyahoga County, et al., Case No. 1:14-cv-02778.
Reindeer co-workers harassed Rudolph on the basis of a perceived disability, and Santa failed to take prompt corrective action to stop the harassing behavior.
Today, the law firm of Bolek Besser Glesius LLC filed a disability discrimination lawsuit in the United States District Court for the District of the North Pole against Kristopher Kringle, Inc. (A/K/A “Santa Claus”) on behalf of Rudolph “the Red-Nosed” Reindeer. Filed under the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101, et seq. (“ADA”), the lawsuit alleges that Rudolph’s co-workers illegally subjected him to harassment because they incorrectly regarded him as having a disability. [Read more…]
In a powerful Washington Post editorial last week, actress Barbara Bowman accused Bill Cosby of raping her during the mid-1980s. Over the ensuing days, similar allegations against Cosby from numerous other women have been widely reported. I don’t know if some, all, or none of these disturbing allegations are true. But as a sexual harassment attorney who has handled cases involving workplace sexual assault and rape, I see the allegations as offering a vital lesson for employees in Cleveland workplaces. [Read more…]