Below is a review of the posts on Facebook and LinkedIn from the past week. You can check out the full posts by clicking on the links.
The post on Sunday 8/4/2024 confirmed that Iron Hill Brewery to pay $115K in EEOC race discrimination and retaliation lawsuit settlement. Iron Hill is a chain of breweries and restaurants across several states; it is also now a party who has settled a race discrimination and retaliation lawsuit filed by the EEOC. The suit alleged that Iron Hill discriminated against an African American employee at one location when it fired him because of his race and in retaliation for reporting discrimination against women and Hispanic employees. His position and what he complained about are noted in the post. The EEOC alleged that he received unwarranted discipline and was then fired in violation of Title VII. The suit was filed after conciliation failed.
In addition to the $115,000 in monetary relief, the consent decree settling the suit requires Iron Hill Brewery to provide non-monetary relief too – see the post for that detail.
The EEOC noted that employees have the right to speak up about workplace discrimination. It also talked about statutory protections – see the post.
TAKEAWAY: Before you take adverse action against an employee, especially one in a protected class, talk to an employment lawyer. It might save you a lot of time, trouble, money and reputational harm.
The post on Monday 8/5/2024 noted the new lead singer of the Four Tops sues hospital for discrimination. Ugh is right. An unfortunate incident at a Michigan hospital left the acclaimed singer feeling neglected and discriminated against, largely due to hospital staff thinking he was delusional for claiming to be who he was — and potentially because he was black. He’s now suing the hospital and its workers.
You may know the legendary group The Four Tops. They became famous in the 1960s (more details on the group, including some of their most famous songs, are in the post). The original members of the Four Tops (Levi Stubbs, Abdul “Duke” Fakir, Renaldo “Obie” Benson, and Lawrence Payton) were together for over four decades. What each did in the group is in the post. Unfortunately three out of the four Tops sadly passed away in the 1990s and 1980s. Stubbs was replaced first by Theo Peoples from The Temptations and much later by the newest addition to the group, Alexander Morris, who joined in 2018.
The Four Tops and the Temptations were in the middle of a joint tour of the country in April of last year— in their familiar stomping grounds of Michigan — when Morris had to be rushed to the hospital. His medical issues, and what concerned doctors, are all noted in the post. This time he was diagnosed with both pneumonia and a heart infraction that would potentially require a transplant. He also suffered three seizures during his stay.
Because of his fame, Morris had security concerns when going in public due to stalkers and fans. At the hospital he let nurse Holly Jackson and hospital security guard Greg Ciesielski know that he was concerned about security during his hospital visit because he was a member of the Four Tops. Dr. Brandon Fishman was the ER doctor on staff who met with Morris and interviewed him. The post notes the reaction of the doctor, nurse, and security guard when Morris told them who he is, what Morris did, and the security guard’s (ugly) direction to Morris. Dr. Fishman then decided to remove Morris from oxygen and pursue a psychiatric evaluation. What the doctor told security to do to Morris and his belongings is detailed in the post.
Morris told them the effect on him of what they had done, but they ignored him – other than was the one thing they told him as noted in the post. More security guards were called (what they were to do is in the post). Morris claims in his suit that he was “falsely imprisoned and deprived of his personal property.”
Morris’s suit also contains allegations related to his medical treatment (remember he went to the hospital for a problem …). What the suit alleges about the medial treatment and providers and security staff is all in the post. Morris alleges that at least one medical decision (noted in the post) and the general disbelief of who he is were racially influenced. What he claims as a result is in the post.
Morris’s wife finally came to the nursing station. She informed a security officer who he is, but nothing changed. When a nurse came to her, she showed him a video of Morris and the Four Tops performing at a Grammy Awards; the nurse was finally a believer. The sequence of events that put in motion is detailed in the post. In the end, the hospital did offer something (noted in the post) to Morris by way of apology. After that, a security guard allegedly contacted Morris to provide information on the other guard’s propensities and what happened to his hospital records and more – see the post for details on all of this.
Morris’s suit alleges discrimination by the hospital under Title VI of the Civil Rights Act of 1964 (why that is the basis is explained in the post) through vicarious liability; more about the other defendants, claim bases, and damages demand is in the post.
TAKEAWAY: Remember that civil rights apply other than in the employment context – don’t take adverse action unless you are sure it is legally supported.
The post on Tuesday 8/6/2024 talked about short term renter vs owner rights re service dogs in condominium or homeowner associations. NOTE: click through to read article.) The scenario centers on a condo owner who insists that owners who put their condos on the market as short-term rentals do not have to allow assistance animals under any circumstances (on what the owner relies is noted in the post). That owner also argues that short term renters are ‘guests’ and a homeowner can prohibit whatever they want for guests inside their homes, with the condo board having no say since they do not manage the owner’s short-term rentals. So is the owner correct?
Short answer, no. Now let’s delve into why that is so.
The condo association, like other community associations, is considered a housing provider under the Fair Housing Act (FHA). For more on why it is subject to the FHA, see the post. And that means the association must provide reasonable accommodation to the owner – and anyone associated with a resident, so presumably even guests. It is risky for a condo association to assert that it has no duty to accommodate a request by a short-term tenant on the basis that the unit might not be subject to the FHA.
But what about the unit owner who is being asked to grant an accommodation to their short-term renter? That is entirely separate from any duty to accommodate the association might have. How that might play out relative to owners allowing dogs in units is explained in the post.
TAKEAWAY: Know the difference between a community association’s accommodation obligations and what an owner may or must do. Contact a community association lawyer for assistance.
The post on Wednesday 8/7/2024 was about what employers need to know about the EEOC’s PWFA (Pregnant Worker Fairness Act) Final Rules: Definitions. Let’s look at the definitions and how they may impact an employer’s compliance efforts.
The EEOC has said that it relied heavily on Title VII and ADA precedent to ensure its application of the PWFA would be consistent with those decisions. What the EEOC did is in the post. Some of the most important definitions are discussed in the post.
The first is “known limitation.” The final rules split the terms “known” and “limitation.” First, the limitation must have been communicated to the employer somehow (see the post) and (similar to other statutes) does not require any magic language or terms of art. Second, “limitation” could be a physical or mental condition, but it must be “related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.” More on the strength or permanency of limitations, and to what it relates, is in the post.
The final rules also contain definitions of “pregnancy” and “childbirth”. But what might be surprising is the EEOC’s comments that both past and potential or intended pregnancies are covered. So how broad is that now? See the post. Similarly, “related medical conditions” is given an expansive definition in the final rules. They are defined as medical conditions relating to the pregnancy or childbirth “of the specific employee seeking an accommodation.” (Dads are not covered by the PWFA.) What can be included as a related medical condition is noted in the post. The EEOC’s list is non-exhaustive.
The post also discusses the definition of who is a “qualified employee” under the PWFA. This is one area where the EEOC departed from the familiar ADA framework, so be careful. Under both the ADA and the PWFA, an employee is “qualified” for a position if they can perform the essential functions of the position with or without accommodation. But the PWFA also has an alternative definition for “qualified employee” – see the post. How the language within that alternative will be interpreted is unclear at this time and the EEOC has not provide needed context for some of the language. What the EEOC suggests instead is noted in the post. The only hard guidance the EEOC has provided is that “in the near future” does not mean indefinitely. Why that matters is described in the post.
The PWFA also includes other defined terms, many of which come directly from the ADA (see the post). The necessary PWFA tweaks that employers must be aware of relative to accommodating pregnancy-related limitations should be easy if the employer already has effective ADA-compliant policies.
TAKEAWAY: When dealing with accommodating pregnancy-related limitations, get an employment lawyer involved.
In the post on Thursday 8/8/2024 we saw that Wheeler Trucking to pay $65K to resolve EEOC discrimination and retaliation lawsuit. According to the EEOC’s suit, Wheeler subjected Charles R. Lynch, III, a Torah Observant employee at an Ohio location, to discrimination when they revoked his religious accommodation that would have allowed him to continue having Saturdays off to observe the Sabbath. And the company did more than that – see the post. The EEOC alleged that the conduct violated Title VII and filed suit in federal court after conciliation failed. Wheeler has now agreed to settle. Some of the terms of the settlement other than the monetary relief are noted in the post.
TAKEAWAY: Do not take adverse action against employees based on a protected characteristic – or if they take advantage of protected rights. Just don’t do it.
The post on Friday 8/9/2024 noted $55K of condo association money found in personal bank account, cops say. A former property management worker for a FL condo association was arrested, accused of stealing more than $55,000 of community money that was found in her personal bank account. Ivonne Leon, 54, worked for Courtesy Property Management for 12 years. One of Courtesy’s clients used to be Royal Palm Place at the Hammocks Condominium Association which found through an audit that payments were missing. An arrest report says $55,810 of those payments had gone into Leon’s bank account. What Leon did with the money, what the charges against her is all in the post. After her arrest, she used her right to remain silent and posted $7,500 bond.
The arrest report says that Leon, as a CPM administrative assistant, collected payments from Royal Palm Place owners and tenants from November 2019 – October 2022. CPM tried to distance itself from Leon by throwing the association under the bus– see the post. The arrest report says an audit of association money revealed “numerous payments” hadn’t been deposited in association accounts. Some money orders and cashiers’ checks given to Leon were made payable to the association but then altered and made payable to cash or to Leon. The funds were then found in Leon’s personal account. CPM, which had been Royal Palm’s management company since September 2007, said it fired Leon on Dec. 2, 2022. And CPM’s agreement with Royal Palm? See the post. What CPM had to say about the incident and what it has done as a result is also in the post.
TAKEAWAY: Don’t wait for an audit – make sure your condo or homeowners’ association knows where its money is at all times. Contact a community association lawyer for help in developing relevant policies and procedures.
Finally, in the post yesterday 8/10/2024, we learned Microsoft will pay $14M to settle allegations it discriminated against employees who took leave. The proposed settlement stems from a multi-year investigation by a California agency and the consent decree is subject to approval in state court. The state agency launched its investigation in 2020; it alleged that employees who took leave from work due to pregnancy or disability, or to bond with a new baby or care for a sick family member, received lower bonuses and unfavorable performance reviews. The effect that had on employees going forward is noted in the post.
As part of the proposed settlement, Microsoft will take steps to prevent future discrimination, including updated manager training. An outside consultant will monitor and report on the company’s compliance. To whom will the settlement funds be distributed and in what amount? See the post. Microsoft has about 221,000 employees worldwide, with almost 7,000 in California. The state agency did not have an estimate for how many workers could receive part of the settlement funds.
TAKEAWAY: Do not take adverse action against employees exercising a statutorily protected right (or who are otherwise in a protected class). Get assistance from an employment lawyer first.
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