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by German Lopez 09.20.2012
Posted In: Courts, News, Business at 12:40 PM | Permalink | Comments (0)
 
 
xlcservices

Procter & Gamble Sued for Religious Discrimination

P&G and contractor allegedly fired Muslim worker who was humiliated by coworker

Two Cincinnati-based companies are facing a lawsuit over the termination of a former Muslim worker. The lawsuit, filed in an North Carolina court Monday, claims a woman named Safa Elhassan was fired from Procter & Gamble facilities after facing discrimination in the workplace.

Elhassan worked for P&G through XLC Services, a Cincinnati-based company that provides manufacturing services and warehouse management to other companies, at P&G facilities in Guilford County, N.C. 

The lawsuit charges P&G and XLC with religious harassment, religious discrimination, failing to accommodate after religious discrimination in the workplace, national origin discrimination, sexual discrimination, two counts of retaliation, negligence, unfair and deceptive trade practices, assault, battery and intentional infliction of emotional distress.

The lawsuit tells the story that led to the charges as follows: Elhassan, who wears a hijab and wedding ring for religious reasons, was employed at P&G’s facilities through XLC between 2004 and Sept. 16, 2011. During her employment, Elhassan followed P&G rules and regulations and kept “a performance record which was satisfactory or better.”

However, Elhassan was unaware of a company policy that banned jewelry in the workplace, even jewelry of religious significance. This policy was mostly not a problem for Elhassan because, as the lawsuit claims, “Other employees of different religions and national origins routinely wear jewelry under clothing and/or protective wear and are not punished or searched.”

That is until a woman named Ernestine Wilson allegedly approached Elhassan, forcibly searched Elhassan for her wedding ring and removed Elhassan’s hijab in front of coworkers, including men, according to the suit. Under Islam’s rules, a woman uses a hijab, which is a religious head and neck wrap, to maintain sexual modesty, and being exposed without a hijab to men who are not family is a major offense and source of humiliation.

Elhassan reported the forced search to higher-ups at XLC. After a few meetings, Wilson provided an apology, according to the lawsuit, but Elhassan claimed the apology was insincere because Wilson kept telling coworkers that she hoped Elhassan was fired. After Elhassan refused to accept the apology, she was suspended then fired, allegedly under the orders of P&G.

The lawsuit suggests that Wilson's actions were potentially connected to another workplace incident. The lawsuit says Elhassan was sexually harassed in the past by George (no last name provided), a man with whom Wilson was allegedly “engaged in a friendly, physical, and/or romantic relationship." Elhassan reported the incident, which got George fired. The lawsuit claims Wilson’s actions were in retaliation to George’s termination.

Since Wilson did work for P&G through XLC, Elhassan blames both P&G and XLC for the damages. The lawsuit claims she was unfairly fired in retaliation for not accepting Wilson’s apology. It also alleges that XLC forced Elhassan to sign a document she did not understand upon her termination without her lawyer present, even though Elhassan asked to have her lawyer read the document. The document, which P&G officials were supposedly aware of, allegedly sought to release P&G and XLC of any wrongdoing related to the termination.

Mary Ralles, spokesperson for P&G, responded to the lawsuit in an email: “As a matter of company policy, we do not comment on pending litigation, but I did want to make one correction. The individual was not (or ever) a P&G employee.”

The distinction Ralles made is that Elhassan was not officially employed by P&G, but she did work for P&G through her employment at XLC.

XLC could not be immediately reached for comment. This story will be updated if a comment becomes available.

 
 
by 07.14.2009
Posted In: Courts, Internet at 04:32 PM | Permalink | Comments (2)
 
 

Lawsuit Against Haap, Heimlich Dismissed

An Illinois-based organization dropped its defamation lawsuit this month against local blogger Jason Haap and two other critics. The two-year-old case was widely viewed as having the potential to set a precedent involving First Amendment protections for online commentary.

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by 04.16.2010
Posted In: News, Courts, Business at 02:45 PM | Permalink | Comments (0)
 
 

Cintas Settles Employee Death Lawsuit

In a stark turnabout from the company’s previous position involving the incident, Cintas Corp. has settled a lawsuit filed by the wife of an employee who was burned to death in an industrial dryer at an Oklahoma facility.

When Eleazar Torres-Gomez was killed at the Cintas laundry near Tulsa, Okla., in March 2007, the company took no responsibility and blamed him for his death. Further, Cintas initially tried to block Torres-Gomez’s family from claiming workers compensation benefits.

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by Kevin Osborne 12.15.2011
Posted In: Neighborhoods, History, City Council, Courts at 03:45 PM | Permalink | Comments (3)
 
 
gamble house

Group Upset at Gamble Neglect

A group that supports preserving the historic Gamble House in Westwood is angry that Cincinnati building inspectors aren't enforcing the law at the property, which is allowing heavy rainfall to damage it while a court battle drags on about whether to save the mansion from demolition.

Bob Prokop, of Save the Historic Gamble Estate Now, said the city's inaction about securing the house contradicts what a building inspector told him would be done at the property in an email from last spring.

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by 10.16.2009
Posted In: Internet, Not-for-profit, Courts at 04:40 PM | Permalink | Comments (1)
 
 

Group in Heimlich Scandal Disbands

An Illinois nonprofit organization that once sued a local blogger after he raised questions about its program has filed dissolution paperwork with the state.

The Save-a-Life Foundation (SALF) filed the papers with the Illinois Secretary of State’s Office on Sept. 17. The action ends the existence of the 16-year-old corporation.

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by Julianne Warren-Novick 02.12.2010
Posted In: Social Justice, News, Courts at 03:31 PM | Permalink | Comments (8)
 
 

Cincinnati Priest Faces Sexual Abuse Charges

Continuing a trend that just won't go away, Father Robert F. Poandl of Cincinnati pleaded not guilty this morning to charges of sexual abuse, which allegedly occurred in 1991. The now 28-year-old man claimed that Poandl molested him during a trip to the Holy Redeemer Catholic Church in West Virginia, where he was accompanying Poandl who was to fill in for a local priest there.

Poandl was indicted last month on charges of 1st degree sexual assault, 1st degree sexual abuse and sexual abuse by a custodian. Father Dan Dorsey, president of Glenmary Home Missioners, to which Poandl was an associate, says Poandl was removed from active service as a pastor in Georgia when he learned of the allegations in June of last year.

However Catholic officials are receiving criticism from SNAP (the Survivors Network of those Abused by Priests) for not publicly addressing the allegations sooner. “We...hope Catholic officials - in both Ohio and West Virginia - will tell the truth about why they kept quiet about these allegations for over six months,” said the group's midwest director, Judy Jones, in a statement released on Thursday. “Such secrecy is immoral and reckless, and may have led to other kids being abused too.” Poandl has served as a priest since 1968. He has resided as pastor over churches in Georgia, Oklahoma, Texas, and Mississippi.

As to why the alleged victim was even with Poandl in West Virginia at the time, it is unclear. Details over their visit to Holy Redeemer Catholic Church have yet to be disclosed. However one thing is certain, and that is it will be a much greater surprise if Poandl is found innocent of these charges than it will be if he is found guilty. It's strange to find oneself desensitized to a matter such as this. But unfortunately, Poandl is just another number in the 4,450 priests accused of sexual abuse between 1950 and 2002, this according to a 2004 survey commissioned by the U.S. Conference of Catholic Bishops.

Poandl's trial is scheduled for June 15, 2010. He is free on a bond of $15,000.

 
 
by 05.06.2010
Posted In: Courts, Police, Human Rights at 03:59 PM | Permalink | Comments (2)
 
 

Sheriff Settles Suit for $30,000

It seems Hamilton County Sheriff Simon Leis Jr. doesn’t like speaking under oath in a court of law, and wants taxpayers to pay to help him avoid it.

The Hamilton County Sheriff’s Office has agreed to settle a federal lawsuit filed by a former Justice Center inmate over an August 2007 incident in which he was shot three times by a pepperball gun at point blank range while already incapacitated.

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by 07.23.2009
Posted In: Public Policy, City Council, Courts at 01:46 PM | Permalink | Comments (2)
 
 

Cincinnati's Sordid History with Panhandlers

Amid all the debate over a recent proposal to tax panhandlers, some people have wondered whatever happened to Cincinnati’s requirement that all beggars get city-issued I.D. badges. In a little-noticed decision, an appellate court struck down that provision more than two years ago.

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by Kevin Osborne 02.17.2012
Posted In: 2010 Election, Courts, Democrats, Republicans at 03:20 PM | Permalink | Comments (1)
 
 
alex

Appeal in Elections Case Could Be Costly

A pending decision about whether to appeal a federal judge’s decision in a disputed election could place Hamilton County taxpayers on the hook for legal fees in the case.

The case involves which provisional ballots to count in the Juvenile Court judicial race between Democrat Tracie Hunter and Republican John Williams from the November 2010 election.

Hunter lost by just 23 votes out of nearly 230,000 ballots cast. Some ballots weren’t counted, however, because although they were cast at the correct polling station, they were cast at the wrong precinct table, apparently due to poll worker error. Hunter then filed a lawsuit in federal court challenging the board’s decision.

U.S. District Court Judge Susan Dlott ruled Feb. 8 that 286 provisional ballots should be counted in the race.

On Monday the Hamilton County Board of Elections split 2-2, along partisan lines, about whether to appeal Dlott’s ruling. Because there was a tie vote, the matter goes to Ohio Secretary of State Jon Husted, a Republican who likely will side with his GOP colleagues on the board and order an appeal.

Like the Republicans on the county elections board, Husted has said state law, not a federal judge, should be the final authority on which ballots are counted.

“I am concerned about the continuing involvement of the federal court in prescribing which ballots should and should not be counted in a county judicial race in Ohio,” Husted said in January 2011. “As Ohio’s chief elections officer, I maintain that it is of utmost importance that we take this stand to preserve the authority of state law to govern state elections, as interpreted by the Ohio Supreme Court.”

But the U.S. 6th Circuit Court of Appeals already has upheld a ruling by Dlott in the case once before. The appellate court ruled in January 2011 that the board should determine how many ballots were cast due to poll worker error.

The three-judge panel said not counting ballots that were miscast through no fault of the voter would be "fundamentally unfair." Still, it looks like the board will try its luck with the 6th Circuit once again.

It’s routine in cases like this for the victor — plaintiff Tracie Hunter, in this instance — to ask the court to order the defendant to pay legal costs. Although the exact amount of legal fees incurred to date wasn’t immediately available, it’s believed to be in the range of $800,000 to $1.5 million.

If an appeal is pursued, the county could be at risk of paying much more.  A lengthy appeal process could easily double what’s been spent so far, legal experts said.

The expense comes at a time when Hamilton County commissioners are cutting back sheriff's patrols and other county services to avoid a deficit.

Husted’s office hasn’t yet received formal notice of the board’s tie vote, a staffer said today. When it does, a legal review will be initiated.

“We will make a decision shortly thereafter,” said spokesman Matt McClellan. “We hope to make one soon.”

Interestingly, Dlott also commented in her ruling on the apparent unconstitutionality of Ohio law.

“Ohio’s precinct-based voting system that delegates to poll workers the duty to ensure that voters are directed to the correct precinct but which provides that provisional ballots cast in the wrong precinct shall not be counted under any circumstance, even where the ballot is miscast due to poll-worker error, is fundamentally unfair and abrogates the Fourteenth Amendment’s guarantee of due process of law,” the judge wrote.

Dlott said she was unable to order a remedy, however, because the original complaint wasn’t based on a due process claim and the plaintiff had failed to notify the Ohio Attorney General, as she were required to do if she intended to challenge the constitutionality of Ohio law.  

Since then, though, the notice has been given. Conceivably, Dlott could rule on that issue in the not-too-distant future and order a remedy, namely declaring Ohio’s election laws unconstitutional and unenforceable.

 
 
by Hannah McCartney 07.19.2012
Posted In: Death Penalty, Courts, Equality at 01:22 PM | Permalink | Comments (0)
 
 
death-chamber-lucasville-123009jpg-86e918e4a3560490_large

Racial Bias in Death Penalty Cases Gets Ohio Supreme Court's Attention

Death Penalty Task Force approves changes to prevent discrimination

Ohio’s death penalty came under scrutiny again today, when the Ohio Supreme Court's Joint Task Force to Review the Administration of Ohio’s Death Penalty heard presentations from three different subcommittees on strategies to make sure the process in administering a death penalty sentence in Ohio is transparent and fair.

The task force heard presentations from the Law Enforcement Subcommittee, Race and Ethnicity Subcommittee and Clemency Subcommittee; the Clemency Subcommittee's recommendation was passed, while the Law Enforcement Subcommittee's recommendations were tabled for the next task force meeting, pending further review.

The Race and Ethnicity Subcommittee presented recommendations for dealing with evidence of longstanding racial bias in Ohio death penalty cases.


A 2005 Associated Press study concluded that offenders who killed white victims were significantly more likely to receive the death penalty than when victims were black, regardless of the race of the defendant. See the below chart, courtesy of the Associated Press, which charts the rate of death sentencing for defendants charged with killing white versus black victims during the course of the study, which was conducted from Oct. 1981-2002.




The Supreme Court’s Race and Ethnicity subcommittee made seven recommendations, three of which passed. Those passed include a mandate that all attorneys and judges in death penalty cases attend training to detect and protect against racial bias, and that attorneys must seek recusal of judges who are suspected of being motivated by racially discriminatory factors. Implementing the recommendations won't be immediate; according to Bret Crow, Public Information Officer for the Supreme Court of Ohio, task forces typically submit a final report to the Ohio Supreme Court for input, a process that might not be completed until into 2013.

Recommendations that were tabled to be reconsidered at a Sept. 27 meeting of the task force included the recommendation that all death penalty-eligible homicide cases be maintained and monitored for evidence of racial bias by the Office of the Ohio Public Defender.

According to the Associated Press, the data collection would apply to both old cases and any future homicides that could result in death penalty allegations. It wouldn’t, however, impact whether or not the death penalty should be an option of punishment in the state of Ohio.

Ohio’s death penalty has come under fire several times over the last year, even experiencing an extended moratorium on executions set forth by a U.S. District Judge, who ruled that Ohio unconstitutionally wasn’t following its own death penalty procedure and couldn’t be trusted to ethically carry out executions.

CityBeat reported on July 3 about the avoided execution of Abdul Awkal, a Muslim who narrowly escaped his death penalty sentence with the help of the Ohio Justice and Policy Center (OJPC). Awkal was ruled not competent enough to be executed after making several statements suggesting he didn’t understand the reason for his execution.
 

 
 

 

 

 
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