The federal Fair Labor Standards Act (or FLSA as it is called), which governs payment of minimum wage under federal law, allows employers to take a “tip credit” toward its minimum wage for employees who customarily receive tips as part of their wages. Regardless, the employer must pay the employee at least $2.13 an hour,… Read More
Can you give me a sexual harassment definition?
Sexual harassment is generally defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that unreasonably interferes with an individual’s job or that creates an intimidating, hostile, or offensive work environment. Unlawful sexual harassment can include touching or comments. But not all teasing or offhand remarks will… Read More
What must I prove to win an employment discrimination case?
Because there are many different types of employment discrimination claims, the necessary evidence will vary from case to case. In general, however, a plaintiff these cases has to show the employer took some adverse job action against the employee motivated by the employee’s race, color, sex, religion, national origin, pregnancy, age, disability, genetic information, or military status…. Read More
When can my employer ask about my medical conditions?
The Americans with Disabilities Act puts limits on when an employer can ask about an employee’s health or conduct medical exams. Before extending a job offer, an employer may not ask whether an applicant has a disability. An employer may make pre-employment inquiries about whether an employee can perform job-related functions, however. After extending an offer… Read More
How do I prove I have a disability under the Americans with Disabilities Act?
The Americans with Disabilities Act (“ADA”) protects employees from employment discrimination on the basis of disability. To prove an employee has an actual disability, the employee must show he or she has “a physical or mental impairment that substantially limits one or more major life activities of such individual.” Each of those terms is defined by… Read More
What damages can I recover for employment discrimination in Ohio?
Most employment discrimination claims allow an employee to recover lost wages and benefits, including both back pay and front pay. Most claims also permit recovery for emotional distress and punitive damages, the latter of which are designed to punish and deter discriminatory behavior by employers. Some claims don’t allow for emotional distress or punitive damages… Read More
My supervisor mistreats me for no reason. Is that discrimination?
The Ohio and federal discrimination laws are not (what the U.S. Supreme Court has called) a “general civility code.” That means employers do not have to be nice to their employees. If your supervisor mistreats you because the supervisor is an unkind person or simply does not like you, that is not illegal discrimination. However,… Read More
Is my employer required to give me a reason for firing me?
No. Ohio is an at-will employment state. That means that unless you have a contract of employment, your employer can fire you for any reason or no reason, as long as it is not an otherwise-illegal reason, for instance, discrimination or retaliation. Your employer is generally not required to give you a reason for firing… Read More
