Lack of Consideration Could Lead to Lack of Protection

Author: Brynn Stylinski, Contributing Member, University of Cincinnati Law Review Discrimination and equal pay have been brought back into the public eye through recent celebrity revelations of huge disparities between the salaries of actors and actresses and the boycott of the Oscars by several stars. These issues have long been a part of our society,... Continue Reading →

When is it legal for an employer to discriminate in their hiring practices based on a Bona Fide Occupation Qualification?

Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review Although it is illegal for an employer to discriminate against an employee based on the individualโ€™s sex, Title VII of the Civil Rights Act of 1964 allows employers an exception when employment discrimination is based on a "bona fide occupational qualificationโ€ (BFOQ). Courts have upheld... Continue Reading →

Should States Preempt Local Governments from Passing Higher Minimum Wage Ordinances?

Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review ย While the federal government sets a minimum wage that is the nationwide โ€œfloor,โ€ many state legislatures have passed their own laws requiring a minimum wage above the federal minimum. Recently, individual cities and localities have further tried to account for inflation and higher-cost living expenses... Continue Reading →

Is geographic location relevant when โ€œcaring forโ€ a family member under the Family Medical Leave Act?

Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review The Family Medical Leave Act (FMLA) allows employees to take up to twelve weeks of unpaid leave to care for a family member with a serious health condition.[1]ย  However, courts have struggled to interpret what โ€œcaring forโ€ a family member must consist of under the... Continue Reading →

Look Policies: Can employers discriminate based on their physical attractiveness?

Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review Companies with mandatory grooming or appearance standards for their employees have been under fire from society, celebrities, and the law for many years. One of the companies most known for discriminating against unattractive or overweight applicants is Abercrombie & Fitch. Consumers have been outraged that... Continue Reading →

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