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Cincinnati Law Blog

Discriminating In a Religious Workplace

Religious institutions may receive exemption from Title VII under the "ministerial exception." The United States Supreme Court has held that the First Amendment protects religious institutions' decisions regarding their religious leaders. Hosanna-Tabor, 132 S.Ct. 694. Thus, religious employers can make employment decisions based on religion, gender, and other protected classes that would land a non-religious employer in a heap of trouble. However, the 1st Amendment's protection does not extend to discipline of employees not serving any spiritual function. E.E.O.C. v. Roman Catholic Diocese of Raleigh, N.C., 213 F.3d 795, 801 (4th Cir. 2000).

Can an Employer Make an Employee Sign a Non-Compete Agreement After Years of Employment?

Employers may decide to circulate non-compete agreements at any point in their employees' careers. Non-compete agreements are contracts like any other. They are enforced when there is mutual assent and consideration. Douglas Thompson v. Steven M. Clough, 2001-Ohio-2452, 01-LW-1197, 00CA8. Thus, employers must exchange something more than their current obligations to enforce a non-compete agreement.

When May a Court Award Retroactive Child support/Birthing Expenses?

Under ORC 3111.13, once paternity is established a court may require a parent to pay retroactive support by determining all relevant factors, including, but not limited to, any monetary contribution either parent of the child made to the support of the child prior to the court issuing the order requiring the parent to pay current support. A court shall not require retroactive support or expenses of the mother's pregnancy where 1) at the time of filing for parentage determination, the child was over three years of age and 2) prior to the filing the alleged father had no knowledge and no reason to have knowledge of his alleged paternity. To rebut, the mother must only show by a preponderance of the evidence that she performed "reasonable and documented" efforts to contact and notify the alleged father.

Discriminating In a Religious Workplace

Religious institutions may receive exemption from Title VII under the "ministerial exception." The United States Supreme Court has held that the First Amendment protects religious institutions' decisions regarding their religious leaders. Hosanna-Tabor, 132 S.Ct. 694. Thus, religious employers can make employment decisions based on religion, gender, and other protected classes that would land a non-religious employer in a heap of trouble. However, the 1st Amendment's protection does not extend to discipline of employees not serving any spiritual function. E.E.O.C. v. Roman Catholic Diocese of Raleigh, N.C., 213 F.3d 795, 801 (4th Cir. 2000).

What If My Faith Conflicts With My Job?

Different religions do not always conform to the same work schedule or attire. Employers may need to make accommodations to meet the religious needs of an employee. If an employer fails to make reasonable accommodations and punishes an employee for practicing his or her faith, the employer may be liable.

Can an Employer Make an Employee Sign a Non-Compete Agreement After Years of Employment?

Employers may decide to circulate non-compete agreements at any point in their employees' careers. Non-compete agreements are contracts like any other. They are enforced when there is mutual assent and consideration. Douglas Thompson v. Steven M. Clough, 2001-Ohio-2452, 01-LW-1197, 00CA8. Thus, employers must exchange something more than their current obligations to enforce a non-compete agreement.

Can an Employer ake an employee sign a non-compete agreement after years of employment?

Employers may decide to circulate non-compete agreements at any point in their employees' careers. Non-compete agreements are contracts like any other. They are enforced when there is mutual assent and consideration. Douglas Thompson v. Steven M. Clough, 2001-Ohio-2452, 01-LW-1197, 00CA8. Thus, employers must exchange something more than their current obligations to enforce a non-compete agreement.

Where Should You File Your Discrimination Claim?

Both federal law and state law protects employees from discrimination. Federal laws include Title VII, the ADA, and the ADEA to protect against discrimination on the basis of race, gender, national origin, age, and disability. Ohio's ORC § 4112 protects the same classes. How do employees choose where to avail themselves? It depends where an employee works and when an employee needs to bring a claim.

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