- Claims Designated as “Critical” at the Hearing Level (Dire Need)
- Procedure and What Happens at a Social Security Disability Hearing?
- New Federal Court Decision
- Blood Disorders Can Form Disabling Basis For Receipt of Disability Benefits
Andrew heads up the litigation section of Margolius, Margolius and Associates and has over 20 years of trial experience in litigation cases. He also works with partner (and wife) Marcia Margolius on Social Security cases. The litigation cases range from disability, race, and sex discrimination cases, to personal injury and fair housing cases. As with Social Security, each case is treated individually, with careful attention paid to detail and the strengths and weaknesses of the specific circumstances.
Andrew is an active Board Member of the Ohio Employment Lawyers Association, the Treasurer of OELA, and is the immediate Past President of the Cleveland Employment Lawyers Association (CELA). These advocacy groups are dedicated to the promulgation of employee rights in the workplace. Andrew also serves as Chief Counsel to the Fair Housing Advocates Association and has worked with fair housing organizations for many years.
Andrew's specific litigation representation includes employment discrimination (race, disability, gender, sex, age), housing discrimination (race, gender, harassment, family status, disability), personal injury cases, civil rights cases, Long Term Disability cases, education law, and general litigation. Specific statutes covered involve age discrimination, FMLA, ERISA, Title VIII (housing discrimination), Title VII (employment discrimination), wrongful discharge, sexual harassment, disability, Long Term Disability, severance issues, public policy discharges, Whistleblower rights, executive pay issues, and Court of Claims cases.
Representative cases include the precedent setting cases in employment law in Ross v. Campbell Soup Company, 237 F.3d 701 (6th Cir.2001)(disability/perceived disability; isolated v. direct evidence analysis) and Tersigni, et al v. General Tire (9th Distr. 1993), 91 Ohio App.3d 757 (employee rights, promissory estoppel), as well as Bray v. MetroCable Comm. Inc., (employment discrimination)(United States District Court, N. District, Oct. 1995); Patterson v. Schwebel, (Court of Appeals, Cuyahoga County, Ohio); Tutela v. Carney, et al., First Amendment issues (United States District Court, N.D. Ohio, 1989); Watson v. United States of America, Federal Torts Claim Act ($121,000.00 judgment)(U.S. District Court, 1989); Miller v. Hollenden House, (Age Discrimination in Employment)(United States District Court, 1986); Palmer v. Kaiser Health Foundation (Ohio App. 8th Dist. 1991)(employee rights), 64 Ohio App.3d 140, 580 N.E.2d 849(employment); Grant v. Papiernik, 136 Ohio App.3d 233, 736 N.E.2d 484 (Ohio App. 11 Dist. 1999) (housing discrimination (1997)(Trumbull County); O.C.R.C., Johnson and Gardner v. Eisenberg, fair housing race case (first Ohio fair housing statute verdict)(1996); Picha v. City of Parma, et al, (political discharge/1st Amendment case) (United States District Court (1993)(two Sixth Circuit Court of Appeals); Brown, et al v. Lancaster, (April, 2000)(Columbus, Ohio)(religious discrimination); Walker, et al v. Crawford, trial and damage award total of $500,000 (sex discrimination case) (Oct., 1999)(United States District Court)(teamed with Justice Department); Hanson v. Ashtabula Mall, personal injury (2/17/05); Sicklesmith v. Chester Hoist, disability discrimination (3/17/05)($272,000.00).
This past year, Andrew has successfully handled many cases, including three noteworthy appeals. (1) Sicklesmith v. Chester Hoist (fully affirming above trial verdict in discrimination case and which had unprecedented value in establishing disability requirements, burden of proof, punitive damages, attorney client privilege and evidenciary thresholds), (2) Williams v. Case Western Reserve University (reversing summary judgment against visiting professor/researcher who was wrongfully discharged in violation of three year employment agreement), and (3) OCRC and Harper v. AMHA (case of 1st impression where summary judgment reversed finding that Ohio recognizes cause of action for hostile environment in housing). Note: case originally received "no probable cause" finding from OCRC until Margolius reversed decision before meeting statewide meeting of the OCRC's Commissioners).
Andrew is a frequent speaker before municipalities, professional associations, and community groups on employment and housing issues.
Andrew received his Bachelor of Arts degree from Emory University in 1980 and is a 1983 graduate of Case Western University Law School.