Andrew L. Margolius

Attorney Profile

Top Rated Employment Litigation Attorney in Cleveland, OH

Margolius Margolius & Associates, LPA
55 Public Square, Suite 1100
Cleveland, OH 44113
Phone: 216-621-6214
Selected to Super Lawyers: 2018 - 2022
Licensed Since: 1983
Practice Areas: Employment Litigation: Plaintiff (70%), Social Security Disability (20%), Employee Benefits (10%)
Attorney Profile

Andrew Margolius is an attorney practicing disability law, employment law, and fair
housing law in Ohio, and is the principal in the firm Margolius, Margolius and Associates, an
employee rights and housing oriented law firm. He has been an attorney since 1983 and
practices both in federal and state courts.
Mr. Margolius has successfully litigated cases in multiple forums. Noteworthy among
his achievements are advanced in disability discrimination law, long term disability precedent,
substantial jury verdicts, and vigorous enforcement of civil rights laws, extending to
enforcement of precise disability definitions, insistence upon affirmative relief in family status
cases such as requiring a landlord to build a playground to remedy past family status
discrimination (“affirmative action for kids”). He was the attorney in Corey v. Sedgwick
Claims Mgt. Servs., a key long term disability case and in McGill v. Bellissimo, a landmark fair
housing sexual discrimination verdict which incorporated sexual harassment and hostile
environment theories in the fair housing field, and remains as one of the highest sexual
harassment awards for a single plaintiff. In Silvey v. Washington Square Chiropractic Clinic,
employment law advances occurred. He was also one of the attorneys who tried a month long
sexual harassment case resulting in a $497,000.00 jury verdict. He has tried a case largely of
first impression based off of religious discrimination and the application of the religious
exemption under the Fair Housing Act. The case resulted in findings of religious
discrimination and retaliation in favor of a homeowner, his intended renter and a fair housing
organization. In 2009, he again had a jury trial in a Dayton Ohio sexual harassment housing
discrimination case, resulting in a $248,000 verdict. He frequently lectures on trial tactics and
fair housing, disability and employment law. Disability work includes Michael Stiso v.
International Steel Group, No. 13-3503 (6th Cir. 2015)(long term disability, breach of fiduciary
duty) and Houston v. UNUM Life Ins Co, No. 06-3644 (6th Cir. 2007).

Practice Areas
  • 70%Employment Litigation: Plaintiff
  • 20%Social Security Disability
  • 10%Employee Benefits
Focus Areas

Employment Discrimination, Wrongful Termination, Employment Law - Employer

Selections

5 Years Super Lawyers
  • Super Lawyers: 2018 - 2022

About Andrew L. Margolius

Admitted: 1983, Ohio

Professional Webpage: http://www.margoliuslaw.com/attorney-andrew-margolius

Scholarly Lectures/Writings

  • Ohio State Bar Association, (Disability Litigation)
  • Cuyahoga County Bar Association (Employment Law)
  • Cleveland Bar Association (Jury/Voir Dire/Civil Rights)
  • Cleveland Employment LawyersAssociation (demonstative aids in courtroom)

Verdicts/Settlements

  • Newcomb v. Hostetler Catering, Inc. (5th Distr. 2007), 2007 WL 210946, 153Lab.Cas. P 60,348, 25 IER Cases 1097, 2007 -Ohio- 361 (public policy wrongful discharge actionwhen employee fired for determining lawfulness of changing pay rates to bonus plan)
  • Bray v. MetroCable Comm. Inc., (employment discrimination)(United States District Court, N. District, Oct. 1995)
  • Bray v. MetroCable Comm. Inc., (employment discrimination (race)case, jury verdict of $71,000 for retaliatory discharge) (United States District Court, N. District, Oct.1995)
  • Watson v. United States of America, Federal Torts Claim Act ($121,000.00 judgment)(U.S. District Court, 1989)
  • Brown, et al v. Lancaster,(precedent setting religious discrimination case, trial and damage award (April,2000)(United StatesDistrict Court - Columbus, Ohio)
  • 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, (trial and damage verdict in fair housing race case -race)(January, 1996)
  • Brown, et al v. Lancaster, (April, 2000)(Columbus, Ohio)(religious discrimination)
  • Sicklesmith v. Chester Hoist, disability discrimination (3/17/05)($272,000.00)
  • Williams v. Case Western Reserve University (reversing summary judgment against visiting professor/researcher who was wrongfully discharged in violation of three year employment agreement)
  • Silvey v. Washington Square Chiropractic Clinic, 2013-Ohio-438, employment law harassment and respondeat principles
  • Tersigni, et al v. General Tire (9th Distr. 1993), 91 Ohio App.3d 757 (employee rights, promissory estoppel)
  • Ross v. Campbell Soup Company, 237 F.3d701 (6th Cir.2001)(establishing precedent in disability/perceived disability; isolated v. direct evidenceanalysis)(resulting in settlement)
  • Tutela v. Carney, et al., First Amendment issues (United States District Court, N.D. Ohio, 1989)
  • Ohio Civil Rights Comm., et al v. AMHA (9th Distr. 2006), 170 Ohio App.3d283 (racial harassment/hostile environment in housing)(rev’d on appeal)
  • 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)(race discrimination in housing case, jury verdict and award (January, 1997)(Trumbull County)
  • Picha v. City of Parma, et al, (political discharge/1st Amendment case) (United States District Court (1993)(two Sixth Circuit Court of Appeals)
  • Hanson v. Ashtabula Mall, personal injury (2/17/05)
  • 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 evidentiary thresholds)
  • Houston v. UNUM Life Ins Co., No. 06-3644 (6th Cir. 2007).
  • Ross v. Campbell Soup Company, 237 F.3d 701 (6th Cir.2001)(disability/perceived disability; isolated v. direct evidence analysis)
  • Sicklesmith v. Chester Hoist (7th Distr. 2006), 169 Ohio App.3d 470, 863 N.E.2d 677(upholding $270,000 disability discrimination verdict)
  • Patterson v. Schwebel, (Court of Appeals, Cuyahoga County, Ohio)
  • McDonald v. Burton, (Montg. Cty. 2009), $247,000 jury trial verdict (sexual harassment inhousing/employment
  • Miller v. Hollenden House, (Age Discrimination in Employment)(United States District Court, 1986)
  • Walker, et al v. Crawford (trial and damage award total of$500,000 in sex discrimination fair housing case, 1999)(United States District Court)(multiple plaintiffsand counsel)
  • O.C.R.C., Johnson and Gardner v. Eisenberg, fair housing race case (first Ohio fair housing statute verdict)(1996)
  • 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)
  • Corey v. Sedgwick Claims Mgt. Servs., 858 F.3d 1024 (6th Cir.2017); Michael Stiso v. International Steel Group, MetLife et al, No. 13-3503 (6th Cir. 2015)(long term disability, breach of fiduciary duty)
  • 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)

Bar/Professional Activity

  • U.S. District Court
  • Ohio (All Courts)
  • Fourth Circuit Court of Appeals
  • OELA, Active Board Member
  • Federal Bar Association
  • Ohio Employment Lawyers Association, (Former President)
  • Cleveland Employment Lawyers Association, (Former President)
  • State of Ohio
  • United States Court of Appeals for the Federal Circuit
  • Ohio Employment Lawyers Association, Active Board Member
  • Cuyahoga County Bar Association
  • Fair Housing Advocates Association, Chief Counsel
  • Ohio Employment Law Association, (President)
  • Old Stone Foundation, Hunger Network (Board)
  • Northern District of Ohio, (1984)
  • Sixth Circuit Court of Appeals, (1986)
  • Ohio State Bar Association
  • Cleveland Employment Lawyers Association (CELA), Immediate Past President
  • Cleveland Employment Law Association

Educational Background

  • Emory University, Bachelor of Arts, 1980

Industry Groups

  • Employment
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Office Location for Andrew L. Margolius

55 Public Square
Suite 1100
Cleveland, OH 44113

Phone: 216-621-6214

Last Updated: 7/15/2021

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