THL Attorneys Named Super Lawyers and Rising Star for 2012

THL lawyers have been named among the top lawyers in Ohio for 2013, including honors as among the Top 100 Ohio Super Lawyers and Top 50 Cleveland Super Lawyers.

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THL Wins Reversal and Remand of Age Discrimination Case in Sixth Circuit

 

THL obtained a reversal and remand of a previously dismissed age discrimination claim in the Sixth Circuit this week, in the case Gaglioti v. Levin Group. The case previously had been dismissed by the Northern District of Ohio on summary judgment.  The case will now return to the trial court for a jury trial on the merits.

Read more: THL Wins Reversal and Remand of Age Discrimination Case in Sixth Circuit

THL Obtains Sixth Circuit Reversal, Ensuring Disability Discrimination Rights for Union Employees

THL obtained a reversal in the case Paul v. Kaiser Permanente in the Sixth Circuit Court of Appeals this week, overturning a Northern District of Ohio decision from 2011.  In reversing the N.D. Ohio's grant of judgment on the pleadings, the Sixth Circuit confirmed established precedent stating that an employer's defensive invocation of a collective bargaining agreement in a disability discrimination case will not subject the case to preemption under Section 301 of the Labor Management Relations Act.

Read more: THL Obtains Sixth Circuit Reversal, Ensuring Disability Discrimination Rights for Union Employees

Preserving Ohio's Anti-Discrimination Provisions

In a post last week, we highlighted a new bill that was introduced in the Ohio Senate, designated SB 383. SB 383 is a rewrite of Ohio's anti-discrimination and anti-retaliation statutes, currently collected in Chapter 4112 of the Ohio Revised Code.  Chapter 4112 prohibits discrimination and retaliation in a number of forms and situations, most notably in employment and in housing.  Chapter 4112 overlaps in some respects, but does not mirror, federal anti-discrimination laws.

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Attack on Ohio Workers: Draft Bill Seeks to Gut Ohio’s Laws Prohibiting Sex, Age, Race, Disability and Other Forms of Discrimination by Eliminating Protections for Most Ohio Workers

An Analysis of the Ohio Chamber of Commerce’s Draft Senate Bill (Lsc 129 1782 – 1) by the Ohio Employment Lawyers Association

SUMMARY OF SOME KEY PROVISIONS

The draft bill to amend Ohio’s anti-discrimination laws is a transparent and cynical attempt to prevent employers and managers from being held accountable for even blatant harassment or discrimination directed at women, older workers, the disabled, minorities or religious employees. In fact, the proposed bill bans any lawsuits against individual managers or company officers for overt sexual harassment or intentional discrimination under the state’s anti-discrimination laws.

Read more: Attack on Ohio Workers: Draft Bill Seeks to Gut Ohio’s Laws Prohibiting Sex, Age, Race,...

Proposed Pregnant Workers Fairness Act Would Add Needed Protections

Last month, Senators Bob Casey (D-Pa) and Jeanne Shaheen (D-NH) introduced the Pregnant Workers Fairness Act on the floor of the U.S. Senate.

The PWFA is designed to complement the Pregnancy Discrimination Act, which amended Title VII, and which was passed into law in 1978.  The existing PDA prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions, and mandates that employers treat pregnant employees in similar fashion as they treat non-pregnant employees who suffer from similar medical conditions.

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Voting Leave Laws, State-by-State

Election Day is fast approaching.  Do you know what rights your state provides regarding leave to vote?  Check up on employee voting leave laws for each state in this linked chart:http://bit.ly/SNCL4K

Collective Action Alleging Outside Sales Exemption Misapplied to Inside Sales Employees Will Proceed

A Texas court has conditionally ruled that a group of salespeople may proceed with their collective action claim against their employer for unpaid overtime.

Read more: Collective Action Alleging Outside Sales Exemption Misapplied to Inside Sales Employees Will Proceed

Dan Petrov to Participate in Panel Discussion on Mediation Representation

On Saturday, September 22, 2012, Dan Petrov will participate in a panel discussion on mediation representation in employment disputes.  The panel is presented by the Cleveland Marshall Law Alumni Association, and moderated by Jerome Weiss, of Mediation, Inc.

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Judge Awards $14.7 Million to Railroad Retirees

CLEVELAND, Ohio — One of the country's oldest lawsuits may finally be at the end of the line after 43 years.

 

A federal judge awarded $14.7 million last month to a group of Cleveland railroad workers in a dispute over benefits. The workers were represented by a team of lawyers including Carla Tricarichi, THL Shareholder Mark Griffin, Randy Hart, and Fred Perillo.

Read more: Judge Awards $14.7 Million to Railroad Retirees