Matthew D. Besser Cathleen M. Bolek Amy S. Glesius

Bolek Besser Glesius LLC

5885 Landerbrook Dr.
Cleveland, OH 44124
United States (US)
Phone: (216) 464-3004
Fax: (866) 542-0743

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Study finds employers less likely to hire applicants with disabilities

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The New York Times this week reported on a joint study conducted by Syracuse and Rutgers Universities that found employers are generally far less likely to hire applicants who reveal they have a disability. Individuals with a disability applying for jobs should take note. Thankfully, federal and Ohio disability discrimination laws prohibit employers from asking applicants whether they have a disability. [Read more…]

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New Guidelines Issued for Employer Wellness Programs Under the ADA

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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…]

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A Big Change for Same-Sex Spouses and Medical Leave Under the FMLA

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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…]

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Employment Laws Don’t Protect Employees who Drink on the job

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Alcohol and snowplows do not mix. And a public employee who drives a City snowplow while intoxicated is not protected by the employment discrimination laws. That was the unsurprising holding of the U.S. Court of Appeals for the Sixth Circuit yesterday in a case brought by a former City of Lakewood, Ohio employee. [Read more…]

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EEOC Updates Guidance on Pregnancy Discrimination

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For the first time since 1983, the U.S. Equal Employment Opportunity Commission this week issued new guidelines on the subject of pregnancy discrimination in employment. In addition to addressing the protections for employees under the Pregnancy Discrimination Act, the guidance also addresses the rights of pregnant employees under the federal disability discrimination law, the Americans with Disabilities Act. Assuming they are accepted by the courts, the new guidelines promise increased protection against employment discrimination for Cleveland-area employees. [Read more…]

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What is the Definition of “Disability” under the ADA?

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Disability discrimination is one of the most common types of employment discrimination we see in the Cleveland area. Yet determining whether an employee meets the statutory definition of having a “disability” under the Americans with Disabilities Act (the “ADA”) or its Ohio counterpart can be a difficult threshold question. [Read more…]

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What Employment Laws Protect New and Expecting Mothers in Ohio?

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Happy Mother’s Day. In honor of all the Cleveland moms out there, this week’s blog covers some of the common employment laws that protect working moms and pregnant employees in Ohio workplaces. [Read more…]

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Telecommuting may be a Reasonable Accommodation for a Disability

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The U.S. Court of Appeals for the Sixth Circuit recently held that employees with a disability may, under certain circumstances, be entitled to work from home as a reasonable accommodation under federal disability discrimination law. The case, EEOC v. Ford Motor Co., will likely have a significant impact for a number of Ohio employees who would otherwise struggle balancing the effects of a disability with their job duties. [Read more…]

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Bolek Besser Wins Landmark Cuyahoga County Disability Discrimination Case

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Bolek Besser Glesius has helped win a landmark Cuyahoga County disability discrimination case involving the rights of individuals with mental health conditions under the Fair Housing Act (the “FHA”) and Ohio law. The case appears to be the first in Cuyahoga County, and only the second in Ohio, to hold that emotional assistance animals are a reasonable accommodation under the FHA and Ohio law. [Read more…]

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Is my Job Safe if I am Not Covered by the FMLA?

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A Bill to expand coverage of the Family and Medical Leave Act was recently introduced in Congress. Currently, the FMLA protects employees only if their employers have fifty or more employees within seventy-five miles of the workplace. If it passes, the proposed Family and Medical Leave Enhancement Act of 2014 would, among other things, lower that coverage threshold to employers with twenty-five or more employees, expanding the FMLA’s protections for many employees. [Read more…]

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