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Employment Law

Employee performance not up to snuff? You must communicate your concerns

04/09/2012
Employers have an obligation to make sure employees know what kind of performance is expected of them. Under no circumstances should you wait until you’re ready to discharge the employee to put criticism in writing. That creates the suspicion that you came up with reasons as a cover for illegal discrimination.

Disability discrimination law in Ohio a mess that needs cleaning up

04/09/2012
It is illegal in Ohio for an employer to discriminate because of the em­­­ployee’s disability. But it’s not always easy to figure out who this proscription covers, because Ohio’s statute and the federal ADA have their own respective definitions of “disability,” which vary slightly.

Harassment or love affair? Depends if it was welcome

04/09/2012
Workplace affairs almost always get messy, especially when they involve a supervisor and a subordinate. But that doesn’t mean that the subordinate is destined to win the case every time. If she can’t show that the affair was unwelcome, she won’t win.

Court: To allege promotion bias, you must have actually applied for the job

04/09/2012
Except in very limited circumstances, an individual must actually apply for a position before he can challenge the decision to hire someone else.

Stop harassment with warning, then follow up to confirm problem was really solved

04/09/2012
Sometimes, all it takes to stop sexual harassment (or behavior that could escalate to harassment) is to tell the individual to cut it out. But you’ll never know if it worked unless you follow up. You should periodically check back with those affected and note their response in your files.

Chase case shows exactly which arguments won’t help defend sexual harassment lawsuit

04/09/2012
Sometimes, seeing how another employer handles an HR problem can give you confidence you’re on the right track. That’s especially true if that other employer messes up really, really badly.

Cincinnati firm settles religious discrimination claim

04/09/2012
Most religious discrimination lawsuits involve allegations of subtle mistakes—e.g., a manager didn’t understand that an em­­ployee had a legitimate need for religious accommodation. But there was nothing subtle about the allegations in a re­­­­cently settled case in­­volving Cincinnati-based Convergys Corp.

Black boss, white worker? Beware reverse bias

04/09/2012

Courts hold white employees who allege racial discrimination to a slightly higher standard than members of other protected classes. The higher standard is met if the white employee can show that the decision-maker is a member of another protected class.

Track, respond to every hostile incident report

04/09/2012

Here’s a tip that may prove in­­valuable if a former employee decides to sue over an alleged hostile work environment: Track and respond to every reported incident. That way, should a lawsuit later allege additional, more severe incidents, you are in a good position to argue they never happened.

Troy manufacturer charged with 55 safety violations

04/09/2012
OSHA has cited Troy-based welding equipment manufacturer Hobart Brothers Co. with 55 safety violations totaling $174,600 in fines.