The Sixth Circuit recently emphasized the importance of how supervisors manage pregnancy-related accommodations and workplace communications. Background Jackilyn Bunnell, a hospital ultrasonographer, told her supervisor that she was pregnant and requested certain...
Content By Maribeth Meluch
Sixth Circuit Requires Employer Intent for Customer Sexual Harassment Under Title VII
The Sixth Circuit in Bivens v. Zep, Inc. brushed aside the EEOC’s and several circuit court positions with respect to the standard to be used when determining an employer’s liability under Title VII for sexual harassment of its employee by a customer and instituted a...
Good Intentions, Lawful Termination: Sixth Circuit Backs Employer Discipline
In a recent decision that reinforces the importance of consistent policy enforcement, the Sixth Circuit upheld the dismissal of an age discrimination lawsuit filed by a nurse terminated from the Cincinnati VA Medical Center (the “VA Hospital”), against the Secretary...
Supreme Court finds Retiree Not Considered “Qualified Individuals” Under the ADA – But Pleading Can Make the Difference
The U.S. Supreme Court recently clarified in Stanley v. City of Sanford, No. 23-997, that individuals who have already retired are generally not considered "qualified individuals" eligible to assert claims under the Americans with Disabilities Act (ADA). In this case,...
DOL Scales Back Enforcement of Independent Contractor Rule: What Employers Should Know
The U.S. Department of Labor (DOL) has announced a significant shift in how it will approach enforcement of independent contractor classifications under the Fair Labor Standards Act (FLSA). While the 2024 rule issued under the Biden administration remains on the...
EEOC Pronounces Its Position on Diversity, Equity and Inclusion Programs in Response to President Trump’s Executive Orders
On the heels of President Trumps Executive Orders signaling the administration’s intent to eliminate diversity, equity and inclusion (DEI) programs in the federal and private sector, the EEOC has issued two technical bulletins intended to educate the public as to the...
Ohio Enacts New Paystub Protection Act
The Ohio General Assembly recently enacted HB 106, which has been signed by Governor DeWine, providing employees with the right to a written or electronic paystub. Effective April 9, 2025, employers in Ohio will be required to provide each employee with such a...
EEOC Policy Shifts Under Trump: Effects on Gender Identity, DEI, and Abortion Accommodations
As 2025 begins under President Donald Trump’s administration, the Equal Employment Opportunity Commission (EEOC) is experiencing significant changes. President Trump has issued executive orders addressing policies related to gender identity and diversity, equity, and...
DOJ and FTC Target Non-Compete Challenge as Antitrust Violation
The Guidelines During the run-up to President Trump’s inauguration, the U.S. Department of Justice and the Federal Trade Commission issued their collective “Guidelines” to explain how they will assess whether business practices violate the antitrust laws. They direct...
Ohio Employers May See Non-Competes and Stay-or-Pay Provisions Prohibited with Senate Bill 11
Senator Louis Blessing, III, Republican, and William DeMora, Democrat have introduced Senate Bill 11 which seeks to ban employers from requiring their employees to adhere to non-competes and certain stay or pay provisions. Primarily, SB 11 will ban non-compete...