An arbitrator recently upheld the discharge of a City police officer who knowingly provided inaccurate, false and/or misleading termination while testifying in a criminal trial, or while providing statements to investigators during the official homicide and internal affairs investigations.  Although the facts giving rise to the termination in this matter were straightforward, the events giving rise to the arbitration hearing were anything but straightforward and will be briefly summarized below.

The Grievant’s discharge stemmed from a death in custody which occurred in 2000.  Following the death in custody, as an officer on scene, Grievant was interviewed by homicide investigators, internal affairs investigators and provided testimony during the criminal trial of a fellow officer who happened to be his FTO and also char
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Expect to see significant changes in the areas of labor and employment law in the coming months. Congress has signaled that it will consider bills that would do the following: (1) change the way labor unions are allowed to organize for collective bargaining purposes; (2) expand bargaining units by narrowing the definition of “supervisor;” (3) allow employees to form a “union of one;” (4) expand the amount of sick leave for employees and; (5) establish a national collective bargaining law that covers public safety employees.

Employment Free Choice Act

Currently, a union that wishes to organize a group of employees must get at least
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The U.S. Equal Employment Opportunity Commission (“EEOC”) recently announced that workplace discrimination charge filings with the federal agency nationwide hit a record level during fiscal year 2008. Discrimination claims filed with the EEOC jumped 15 percent in fiscal year 2008 to 95,402 claims – the highest level since the agency opened in 1965. That number is up sharply from 82,792 claims filed the year before by workers who believe they were discriminated against because of their age, race, religion, gender or other reasons. Figures released by the EEOC show that claims of age discrimination saw the biggest jump, up 28.7 percent to 24,582. Retaliation claims, in which employees believe they were fired or demoted based on their complaints of bias or other issues in the workplace, was the second largest increase.

The
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Pre-employment Drug Testing and the Fourth Amendment

Employers invest significant resources in educating and training new employees. However, this cost may not lead to an overall benefit if employees are often absent and/or there is a large turnover rate. A 1999 study done by the Substance Abuse and Mental Health Services Administration found that employees who use drugs are absent more often, are more likely to voluntarily quit, and are more likely to have worked for three or more employers than employees who do not use drugs. Because of studies such as these, employers are often interested in drug testing applicants. In the public sector, the constitutionality of these drug tests has been challenged. To date,
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On January 29, 2009, President Obama signed into law the Lily Ledbetter Fair Pay Act of 2009.  The law is retroactive to May 28, 2007, coinciding with the United States Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007).  The Act expressly overturns the Supreme Court’s decision in Ledbetter by specifying that a discriminatory pay decision, which begins the statute of limitations for filing a pay discrimination claim, occurs each time a discriminatory paycheck is issued, not just the first time an employer makes an adverse pay-setting decision.

Under the Act, an unlawful employment practice occurs with respect to disparate pay when (1) a discriminatory compensation decision or other practice is adopted; (2) an individual becomes subject to the decision or practice;
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The American Recovery and Reinvestment Act of 2009 (“ARRA”), signed into law by President Barak Obama on February 17, 2009, contains amendments to the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) that will affect every employer that has a group health plan. In the past, assistance eligible individuals were given the option of maintaining their health coverage for eighteen (18) to thirty-six (36) additional months under COBRA upon separation but they had to pay the entire premium (plus two percent for administrative costs) for the entire period.  ARRA requires employers to “subsidize” nine (9) mo

The Fifth District Court of Appeals recently issued a decision that may impact employer leave policies and the availability of leave to employees during their initial probationary period. Nursing Care Management of America, Inc. v. Ohio Civil Rights Commission, 2009 Ohio 1107 (5th Dist. Ct. App., 2009). The court’s ruling was issued as the result of a Charge of Discrimination filed by a pregnant employee who was denied leave by her employer and terminated. The employee was a probationary employee who did not qualify for leave under her employer’s policies. Following her termination, the employee filed a Charge of Discrimination with the Ohio Civil Rights Commission (OCRC).

The OCRC found that the employee was terminated simply due to her need for maternity leave, in violation of Ohio’s laws against pregnancy discrimination. The employer ap
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1. Appointing authorities can implement the co
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• Cover your nose and mouth with a tissue when you cough or sneeze. Throw tissues in the trash after you use it.
• Wash your hands often with soap and water. If soap and water are not available, use an alcohol-based hand rub.
• Avoid touching your eyes, nose or mo
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In DFHK’s April 20, 2009 newsletter, the Ohio Court of Appeals’ recent decision in Nursing Care Management of America, Inc. v. Ohio Civil Rights Commission 181 Ohio App.3d 632, 2009-Ohio-1107 (5th Dist. 2009) was discussed.  In that case, the Court of Appeals concluded that a company engaged in unlawful pregnancy discrimination when it terminated a pregnant employee during her probationary period.