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 5/20/18 we learned about a lawsuit because firefighters told a probie to have sex with a stripper to prove his manhood. In a federal lawsuit that was filed recently, Michael alleges that firefighters stomped on his gear, smeared peanut butter on his car and more listed in the post. He complained. The response he got time after time is in the post. Also, a lieutenant told him “not to take it too hard”. He was fired in late December 2016, allegedly as a result of a failed evaluation, a mere week before he was due to complete his probation.
TAKEAWAY: Make sure employees, especially management, know the type of behavior that is not permitted and take steps to stop it if it happens.
The post on Monday 5/21/18 told us about 5.1 million reasons to keep religion out of the workplace. Have you ever heard of Onionhead? If not, read the post. In the suit referenced here, Onoinhead’s creator is the aunt of the defendants’ CEO. The suit was filed because the corporate defendants allegedly required employees to take part in group prayer and other activities listed in the post. They fired any employee who would not participate. The suit said Onionhead was a religion and came under the auspices of Title VII. See the post for the jury verdict.
TAKEAWAY: Religion has no place in most work environments – so don’t bring it with you. Just don’t.
In the post on Tuesday 5/22/18 we read about an HOA attorney who threatened a lawsuit over shutters (and asked how your Association handles violations). Owners installed black shutters 4 years ago. Now they received a letter from the HOA telling them to remove the shutters. The post gives more background. Other owners in the same development found out the threat of litigation was no bluff – and are fighting back.
TAKEAWAY: All planned communities, whether governed by a condo or homeowners’ association, have legal documents that must be followed – but they must also be evenly enforced.
The post on Wednesday 5/23/18 told us a Kia dealership paid $100K to settle sexual orientation and disability discrimination claims. The EEOC filed suit on behalf of a gay, former car salesman with Crohn’s disease. The bases of the suit alleging unwelcome and offensive contact are in the post. The parties settled.
TAKEAWAY: The federal appellate court governing PA has not yet ruled on whether Title VII specifically governs sexual orientation discrimination, but others have. The safest course if not to act aversely based on sexual orientation.
In the post on Thursday 5/24/18 we learned that a Mormon author sued over gender and religious discrimination. Marianne is a Mormon author and former college writing instructor who sued for discrimination based on gender and religious affiliation. She said that when she asked for assistance relative to a problem student, the administration acted as in the post. Her suit includes wrongful termination, intention infliction of emotional distress, retaliation, discrimination, and failure to provide due process. The facts and processes underlying the suit are detailed in the post.
TAKEAWAY: If you are taking adverse action against an employee, make sure there is a valid, legal basis for same in case you end up having to use it to defend yourself in court.
The post on Friday 5/25/18 told us about a suit alleging that a female employee was subjected to sex discrimination and retaliatory discharge. And that the suit was settled for about $243K. The suit brought by the EEOC alleges that the company’s GM subjected a female employee to discrimination and sexual harassment and fired her when she complained. But it didn’t stop there; no, it took the actions described in the post.
TAKEAWAY: We said it above and will say it again: If you plan to take adverse action against an employee, make sure there is a valid, legal basis for it in case you have to defend yourself in court.
Finally, in the post yesterday 5/26/18 we saw that Witmer Public Safety Group was accused of wrongful termination. Kristen sued in federal court, alleging that she was fired 11 days after submitting an FMLA leave request. What did the employer do after she submitted the paperwork? See the post.
TAKEAWAY: Don’t interfere with an employee’s valid use of FMLA leave.
QUEARY: Did she have any compensable damages? Is the mere fact of the violation without more, sufficient to succeed on a claim and be awarded damages?
York, Pennsylvania 17403