Below is a review of the posts (on Facebook, LinkedIn, and Twitter) from the past week. You can check out the full posts by clicking on the links.
In the post on Sunday 3/4/18 we learned that a comic sued Upright Citizens Brigade for reverse gender discrimination. In round 1, Upright Citizens Brigade, a well-known improve group, booted Aaron based on rape allegations. Now, in round 2, Aaron is suing, alleging reverse gender discrimination. The basis is in the post. Apparently Aaron wasn’t even questioned during the investigation. Read more in the post.
TAKEAWAY: Before taking adverse action against an employee, make sure you have a solid, legal basis for doing so. It might prevent or it might provide you a defense.
The post on Monday 3/5/18 was mistakenly omitted – we apologize for the day without a post.
TAKEAWAY: We are human – we make mistakes too. Oops!
In the post on Tuesday 3/6/18 noted that another severance agreement bites the dust: EEOC continues campaign against provisions that preclude talking to the government. The business, Coleman Company, allegedly discriminated on the basis of disability. The EEOC investigated, and found retaliation under the ADA and Title VII based on the language of the settlement agreement. Read more about it in the post.
TAKEAWAY: When trying to resolve a possible future situation with an agreement, make sure the provisions of the agreement are valid and will give you the protection you seek. Have an attorney review or write the agreement.
The post on Wednesday 3/7/18 told us the Supreme Court hit pause on state statutes of limitation. What does that mean? While a federal claim is pending, a state statute of limitations is tolled (is frozen). As background, Stephanie filed a suit under Title VII and state law. By the time the suit was dismissed, the time had run on re-filing the state claim. More details on the case background are in the post. On appeal, in interpreting the word “tolled”, the Supreme Court said the re-filing was timely.
TAKEAWAY: In any case, you need to know whether the suit was filed timely or if there is a basis to get it dismissed Know the law – or hire an attorney who does.
In the post on Thursday 3/8/18 we read that a pet pig threatened by association gets to stay. What would happen in your association? And the score is pot-bellied pig 1, HOA 0. The family looked at applicable local law and adopted the pig as a pet. The HOA had different thoughts – a year after the pig moved in. The post has more details.
TAKEAWAY: Condo and homeowner associations have rules that all residents must follow. But sometimes a rule can have an exception. Know the rules.
The post on Friday 3/9/18 reminded us that stores (and other public places, like most businesses) should know ADA support animal guidelines. The post was a true story. Two shoppers entered a store with their service dogs. The dogs did not wear identifying vests so they were denied entry. The dogs’ federal IDs were shown to the manager and the reason given for one not wearing a vest. The other had no vest but wears a special collar. Both are needed by their owners for medical conditions. See how this ended in the post.
TAKEAWAY: Owners of public places – not just stores, but most businesses – must know the ADA provisions on service animals to stay out of hot water.
Finally, in the post yesterday 3/10/18 we noted that it is “Hands Off, Pants On” – when guests sexually harass hotel employees. We told you not to be the harasser. What did we mean? The post gives some statistics on the number of hotel employees who were sexually harassed and the types of harassment. Some cities have enacted laws to deal with this situation; they are examined in the post. But even without a separate law, Title VII and state laws may make a business liable for harassment of employees by an invited third party.
TAKEAWAY: Protect your employees – have policies in place and make sure employees know about them. Make sure third parties know that harassment of employees will not be tolerated.
York, Pennsylvania 17403