Title VII is part of the Civil Rights Act of 1964 (Act), which prohibits discrimination in employment on the basis of race, color, religion, sex or national origin. All employers with at least 15 employees as well as labor unions, government and employment agencies must comply with the act. Under the Act, an employer may not discriminate against individuals in … Read More
Wrongful Death in Ohio
A wrongful death claim is a civil action in which a plaintiff claims that a person’s death was caused by the negligent or wrongful act of another individual or entity. These cases are subject to state statutes regarding who can bring the claim, when, and what types of compensation are available. Examples of Wrongful Death Claims A negligent or intentional … Read More
ADEA (Age Discrimination)
The Age Discrimination in Employment Act (ADEA) is a federal law that protects employees at least 40 years of age from discrimination in hiring and other employment practices. ADEA applies to employers with at least 20 employees working per day for at least 20 weeks in the preceding 12-months. Ohio’s discrimination law, however, which applies to employers with only four … Read More
The Family Medical Leave Act (FMLA)
The Family Medical Leave Act (FMLA), is federal legislation applying to certain public and private employers. The act guarantees eligible employees 12 weeks of unpaid leave in a 12-month period for certain family medical matters or for newborns, adoptees or foster child placements. The FMLA applies to public agencies and school employees as well as to employers of 50 or … Read More
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) was created by Congress in 1990 and went into effect in 1992. The legislation outlaws discrimination and provides equal opportunity for persons with certain disabilities in employment, public accommodations, transportation, public services and commercial services. The Act was amended in 2008. The EEOC has summarized these amendments as follows: “On September 25, 2008, the … Read More
Slip and Falls In Ohio
Slip and fall cases come under the law of premises liability. In Ohio, like elsewhere, there are rules for determining when and if a property owner is liable to someone injured on their land, home, premises or business. Causes of Slip and Fall Accidents A slip and fall can result from any number of causes. The following are some common … Read More
Criminal Defense Attorneys Ensure Due Process
Due process of law is the constitutional guarantee that any legal proceedings brought against a criminal defendant will be fair. It also ensures the defendant will be given reasonable notice of the charges and proceedings and will have an opportunity to be heard in court before being deprived of life, liberty or property. Any law a criminal defendant is being … Read More
Dissatisfied Litigants Have the Right to Appeal
A party in a civil case who loses at trial or otherwise on the merits on the case has a right to appeal the decision of the court or jury in most instances. This may include final judgments in personal injury cases (including decisions granting summary judgment), employment litigation, business disputes and other matters. In a criminal court case, a … Read More
How to Hire a DUI / OVI Attorney
A DUI (now referred to as OVI) is a serious charge. Even a first offense carries mandatory time in either jail or a court ordered treatment facility. You will also have a criminal record, lose your license for six months to three years on a first offense, and see your car insurance premiums multiply. In some circumstances, you may have … Read More
Civil Rights Litigation under 42 U.S.C. 1983: Prosecuting the Powerful on Behalf of the Powerless Pt. 3
This is the third and final installment of our 3 week discussion on Civil Rights Litigation under 42 U.S.C. 1983. Governmental Immunities and Limitations to Liability 1. Qualified immunity: Even if your plaintiff’s constitutional rights were violated, a state actor may be entitled to “qualified immunity” if his actions did not violate a “clearly established” constitutional right. a. Example: Husband, wife, … Read More