Benjamin Humphrey advises clients on a variety of employment matters. His practice includes pre- and pending litigation guidance to employers on issues involving discrimination and harassment, the Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act, Fair Labor Standards Act, Health Insurance Portability and Accountability Act and other laws relating to the employer/employee relationship. Benjamin also counsels clients on issues related to COVID-19, including the Families First Coronavirus Response Act and vaccination in the workplace.

    Benjamin has held a number of unique positions throughout his career. From advising private employers, serving as special counsel in litigation for a state attorney general, to where he began his legal career as an assistant prosecuting attorney advising political subdivisions, this diverse experience makes Benjamin well suited to provide both the advocacy and advice to best serve his clients.

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    • Obtaining “no probable cause” determinations for employers involving charges of race, color, religion, age, sex, national origin and disability discrimination before the EEOC, Ohio Civil Rights Commission and California Department of Fair Employment and Housing.
    • Obtaining summary judgment dismissals for employers in federal court with appellate court affirmation in cases involving claims of discrimination and violations of the FMLA.
    • Obtaining favorable settlement for an employer in an FLSA dispute.
    • Obtaining an early, favorable settlement for an employer involving claims of pregnancy and gender discrimination, as well as FMLA retaliation and interference.
    • Successfully defending against preliminary injunctions to enforce non-compete provisions.
    • Successfully advocating for employers in arbitrations and other administrative settings involving discipline and interpreting collective bargaining agreements.
    • Obtaining summary judgment dismissal for government agencies involving Monell claims.

    Education

    • Capital University Law School, J.D., 2015
    • Miami University, B.A., 2012

    Admissions

    • Ohio, 2015

    Courts

    • U.S. Supreme Court
    • U.S. Dist. Ct., N. Dist. of Ohio
    • U.S. Dist. Ct., S. Dist. of Ohio
    • U.S. Ct. of App., Sixth Circuit

    Memberships and Affiliations

    • Columbus Bar Association
    • Law and Leadership Institute – Former instructor and volunteer

    • Interviewed, “VERIFY: Can your employer mandate you get the COVID-19 vaccine?” 10TV-WBNS, January 17, 2021.
    • Presenter, “COVID: Can we require masks? Vaccination? Testing? Navigating Health orders, science, your collective bargaining agreement and federal anti-discrimination law,” Schools of Ohio Risk Sharing Authority, December 10, 2020.
    • Presenter, “Managing Workforce Issues related to COVID-19 and Compliance with Government and Department of Health Orders,” Schools of Ohio Risk Sharing Authority, September 18, 2020.
    • Presenter, “They tried to make me go to work, I said, ‘no, no, no’ – How Employers can Respond to Teachers Who Claim COVID Fear to Refuse to Teach on Site,” Schools of Ohio Risk Sharing Authority, September 16, 2020.
    • Presenter, “The FMLA: We didn’t have to make any of this up…,” Human Resources Departments from Franklin County Agencies, 2018.

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