Title VII-Gender or Racial Discrimination

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

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

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

Government Unchecked in Warrantless Search

Big Brother is watching. And their power to search you without a warrant may have just gotten broader. http://news.cincinnati.com/apps/pbcs.dll/article?AID=/20080712/NEWS0107/807120324 The Sixth Circuit Court of Appeals held last week that a challenge to the government’s power to review your private emails without a warrant was not ready to be considered. But, if the Court does not re-address the issues raised, this … Read More