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
Civil Rights Litigation under 42 U.S.C. 1983: Prosecuting the Powerful on Behalf of the Powerless Pt. 2
This is Part II of our continued discussion of Civil Right Litigation under 42 U.S.C. 1983 as presented at the Lawyers Club of Cincinnati by Paul M. Laufman of Laufman & Napolitano, LLC. Once I’ve got a client, who do I sue? 1. Individual liability under section 1983 a. An individual sued must have actually done something in order to … Read More
Civil Rights Litigation under 42 U.S.C. 1983: Prosecuting the Powerful on Behalf of the Powerless Pt. 1
The following is an excerpt from a presentation at the Lawyers Club of Cincinnati given by Paul M. Laufman of Laufman & Napolitano. We will be sharing other excerpts from this presentation over the next few weeks. Part 1: Nuts and Bolts of Section 1983 Litigation Every person who, under color of any statute, ordinance, regulation, custom, or usage, of … 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