In Bivens v. ZEP, Inc., the Sixth Circuit held that an employer is not liable under Title VII of the Civil Rights Act of 1964, as amended (Title VII), for harassment by a customer unless the employer intended the harassment to happen or was substantially certain it would. This holding represents a clear break from the EEOC and most other …
$27M Verdict Warns Employers: Vet and Train Employees or Pay the Price
A recent $27 million jury verdict should put every employer, especially those in the hospitality, retail, and entertainment industries, on high alert: failing to properly screen and train employees can result in significant liability. On July 26, 2024, a Franklin County, Ohio jury awarded $27 million to the estate of Gregory Coleman Jr., who was …
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Who’s the Boss? Understanding Joint Employment Under the NLRA
Our story begins like this: Your business is notified of a National Labor Relations Board (“NLRB”) Unfair Labor Practice Charge (the “Charge”). You’re about to email your lawyer when—here’s the twist—you learn your company is one of two named in the Charge. You might be considered a joint employer. When can this happen, what does …
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AI on Trial: Implications of the Workday Lawsuit for Automated Hiring
Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers or their vendors of compliance with anti-discrimination laws. In Mobley v. Workday, Inc., Case No. 23-CV-770, a California federal judge allowed a collective action age discrimination lawsuit …
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Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.
Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in their employment applications and agreements. Those contractual limitations periods can be effective in limiting exposure for potential claims. In, King v. …
Can an Expert Define and Determine What Constitutes Discrimination?
In employment discrimination cases, the parties often retain experts to opine about various aspects of the case. An expert may provide, for example, insight as to job performance issues or, in many instances, determine the nature and scope of an employee’s alleged damages. But can an expert determine if the employer’s conduct constituted “discrimination”? The …
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What Ohio Employers Need to Know As Legal Marijuana Sales Begin
Ohio employers will soon see their employees be able to purchase recreational marijuana when dispensaries open in the coming weeks. Ohio’s recreational marijuana program stems from a 2023 citizen-driven campaign to create a program that allows all Ohioans over 21 years of age to purchase marijuana without needing a doctor’s recommendation first. That initiative, known …
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Growing Pains: Cultivating Effective Workplace Policies in a Recreational Cannabis State
With the November 7 passage of Issue 2, effective December 7, 2023, Ohioans will be able to purchase and possess up to 2.5 ounces of cannabis and grow marijuana plants in their home. Ohio is the 24th state to allow recreational marijuana. When Ohio allowed medical marijuana back in 2016, Ohio employers had to learn …
Layoffs Require Careful Planning to Avoid Costly Lawsuits
Current economic circumstances suggest that layoffs are coming. Indeed, in late March, Disney’s CEO, Bob Iger, announced the company’s plans to terminate more than 7,000 employees in the coming weeks, and Disney is not alone.[1] If companies and HR professionals do not carefully plan group terminations, they could face long, expensive lawsuits filed by multiple …
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Michigan’s Earned Sick Time Act Is Out…At Least For Now
The wait is over – Michigan employers (and employment lawyers) now know that the Earned Sick Time Act and Improved Workforce Opportunity Wage Act, as originally proposed, will NOT go into effect on February 20, 2023. In an opinion issued January 26, 2023, the Michigan Court of Appeals panel in Mothering Justice v. Attorney General overturned …
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