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The opponents to the rights of lesbian, gay, bisexual, transgender (“LGBT”) employees or lesbian, gay, bisexual, transgender, queer/questioning (“LGBTQ”) employees in the workplace often argue that United States law has not historically made it illegal to discriminate in employment discrimination based on who an employee is dating or otherwise associated with. Under Title VII of the Civil Rights Act of 1964 and Ohio Revised Code § 4112.01 et seq., your employer cannot discriminate against you as employee because you are dating someone of a different race, or national origin.Under the Americans with Disabilities Act (“ADA”) an employer cannot discriminate against an employee because that employee is associated with a disabled person.
Some employment lawyers can tell you what the books say, but couldn’t find the Court, let alone litigate a sexual harassment case in front of jury.
After successfully taking on many Fortune 500 companies, in 2013, Brian Spitz was recognized in Newsweek Magazine as one the 30 overall “Nationwide Top Attorneys.” Previously, in 2012, Brian Spitz was recognized in Newsweek Magazine as one of the Top 20 Leaders in Employment Law in the United States for 2012.
In order for the employment discrimination to be unlawful, there must be a specific and applicable law preventing the employer from discriminating on that basis.
Under the overtime provision of the Fair Labor Standards Act (“FLSA”) and Ohio Fair Labor Standards Act most employees must be paid at a rate of one and one half times their regular rate of pay for any hours worked in excess of 40 hours in any given workweek.
The National Trial Lawyers Association has repeatedly selected Brian Spitz to its list of Top 100 Trial Lawyers based on his success in Court and handling civil litigation matters.
Brian is also a member of the Million Dollar Advocates Forum, which is a select group of attorneys that have claimed victory at trial in an amount over one million dollars.As horribly unpatriotic as this sounds, this type of discrimination occurs every day in Ohio (including Cincinnati, Cleveland, Columbus, Toledo, Youngstown, and Dayton).But, thankfully, the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) provides that military personnel who qualify must be given their old jobs back upon return from service and it also prohibits discrimination based on an employee’s military service.Discrimination lawyers, particularly employment discrimination attorneys, often find themselves in the difficult position of having to explain the difference between an employer acting wrong and acting unlawfully.The intricacies of employment discrimination law, unlike as other areas of law, require the guidance of skilled and experienced lawyers to navigate the handling discrimination claims. Under its common definition, discrimination is simply choosing between two alternatives.It is really tricky to know your employment law rights in the modern workplace.If you are saying, “I’m being discriminated at work,” then you have come to the right place.Every attorney at The Spitz Law Firm has also been certified as Lead Counsel Rated by Law Info. The Answer is Simple: Call the Employee’s Attorney.™ Our employment discrimination lawyers have the experience and strong conviction needed to fight unlawful employment discrimination no matter the size of the unlawfully discriminating employer.Employment discrimination comes in many forms, and our attorneys are here to give you a free and confidential evaluation of your potential employment discrimination claims.God bless those that serve and protect our country, whether active, reserve or a veteran of the Army, Navy, Air Force, Marines, or Coast Guard.But, there are employers that act illegally against the military men and women who dutifully serve our country.