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 2/10/19 we read about the 7 best practices for ADA compliance. And what are they? First, write clear employee handbook policies. So not only should you have a handbook, but make it clear and able to be understood by all employees. What goes along with this policy is in the post. Next: don’t skimp on training for supervisors and managers. That is just like slitting your throat. The people on the ground who enforce the policy (that you’ve no so carefully crafted) need to know how to enforce it. An example is in the post. The other tips are also in the post.
TAKEAWAY: You know you have to comply with the ADA – so why not make it easier on yourself and follow tried and true practices (and tips).
The post on Monday 2/11/19 reminded us that firing an employee over a compensation dispute may be costly. (We also noted that what’s in the post would probably play out the same way under PA law.) You know about PA’s strong at-will stance, right? You know what that means, right? And you know the exceptions, right? It’s the last thing that is the subject of the post. Josh was an at-will employee who was fired. He sued, alleging wrongful termination (the basis for that is in the post). The court would not dismiss the suit. Also, another tip to remember when a wage dispute occurs is in the post.
TAKEAWAY: Don’t think that just because the employment at-will relationship is over, all dealings with the employee are also concluded – wage issues might crop up, so be ready.
In the post on Tuesday 2/12/19 we learned that removal of voluntary OT could form the basis of a Title VII suit. We suggested that you watch what your #supervisors do – they may set up your business for legal liability! While the case in the post is not binding on us here in PA, its reasoning makes sense, so pay attention. Tamika was hired in 2002 and alleged that her supervisor was sexually harassing her starring the following year. (What he did/said is in the post.) Tamika reported it, but the company did not follow its own policy. And when the alleged harassing supervisor found out, he removed Tamika’s ability to volunteer for OT. She reported that. Other employees were also in contact (what they told HR is in the post). The company then investigated and its findings and actions are noted in the post. More happened, Tamika complained again, with the same result. Then Tamika sued. The court’s reasoning in finding that the denial of voluntary OT was an adverse action is in the post, including one action that probably sunk the employer’s ship.
TAKEAWAY: Make sure your managers and supervisors know what they can and cannot do and say – since you will be held liable if they are on the wrong side of legal.
The post on Wednesday 2/13/19 told us why Association dues can spell “Bad News” for security clearance holders. And why is it, you might ask? Let’s walk through it. Say you live in a community association (condo or homeowners) and fail to pay your dues. If there is no basis, that might affect your security clearance (as noted in the post). Other examples of violations that might also affect your security clearance are in the post. One final way a failure to pay your dues might come back to haunt or adversely affect your security clearance is near the end of the post and worth thinking about.
TAKEAWAY: It’s not just failing to pay something you are supposed to pay (for services that benefit you), but it can have a much more far-reaching effect, including to your security clearance. Just pay the dues.
In the posts on Thursday 2/14/19, here, and here, we wished you a Happy Valentine’s Day! We also suggested you not let the food or feelings interfere with the work to be done. What does that mean? It might be a day of fun, frivolity and food, but the work still needs to get done, professionally.
TAKEAWAY: Valentine’s Day can bring to the forefront office romances – know what your policies are and enforce them.
The post on Friday 2/15/19 told us the ADA does not obligate an employer’s on-the-spot accommodation of the employee’s choosing. Huh? Ok, you know that under the ADA, both parties have an obligation to engage in the interactive accommodation process. But there are limits. Here, Melissa was a sorter and injured her back while unloading heavy packages from a UPS truck (yes, UPS in the news again). She went out on worker’s comp leave and then a leave of absence. Upon return, she had doctors’ notes as in the post. UPS started the interactive process and requested documentation from her but kept her on leave pending that. What happened after that is in the post. Melissa then sued for failure to accommodate and disability discrimination. Why the trial and appellate courts ruled against Melissa is in the post.
TAKEAWAY: The ADA accommodation process is interactive, which means that both the employer and employee must participate. If one stops, the other has no duty to proceed (and may have either a claim or a defense).
Finally, in the post yesterday 2/16/19 we read about RIFs, WARN, OWBPA, and disparate impact – an alphabet soup for a future downturn. We suggested that you know what the acronyms mean (and if they might affect you). Things to think about when the economy is good, to protect against an (eventual) downturn, include performance evaluations (the reasoning is in the post), the WARN Act (again, the reasoning is in the post), and 2 more things listed in the post.
TAKEAWAY: Have your plan for a downturn in place before you need it – and run it by an employment lawyer to make sure it’s all legal.
York, Pennsylvania 17403