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 7/28/19 we saw it took $690K to settle allegations of failure to promote a female. Apparently someone hit gold! Why did we say that? Because an Alaskan mining company has settled a sex discrimination suit by the EEOC for $690K. The suit alleged that the company denied promotions to a female miner; the comparisons were detailed in the post. Also what the company did when she complained is in the post. Finally, what the company will do as part of the settlement in addition to paying the hefty amount is in the post.
TAKEAWAY: Treat all employees performing the same job equally – and don’t take adverse action against someone who complains.
The post on Monday 7/29/19 was about when taking a Mexican vacation during FMLA leave is not grounds for termination. It is important to know what is and is not FMLA abuse. Here, the employer granted FMLA leave for foot surgery and recovery. The post includes information form the certification submitted by the employee. When he returned, he asked for additional leave for knee surgery. That same day, the employer learned that he had vacationed in Mexico during g his prior leave. What the company did then is in the post. Ultimately it discharged him for FMLA abuse. He sued. Some of what came out at trial is in the post. The jury came back big time for the employee – see the post. The employer appealed on the bases in the post. The appellate court affirmed the verdict for the reasons in the post.
TAKEAWAY: know why an employee is on leave and what s/he has done that is contrary to that BEFORE you even think about taking adverse action against the employee.
The post on Tuesday 7/30/19 noted that the short-term rental trend puts owners at odds with condo and homeowners association rules (and asked if you have something in place to deal with this). Yes it is nice to make money off your house – but can you do it legally under applicable law and the Governing Documents of your Association? It is usually the latter that cause hiccups. Associations may restrict if, and for how long, a unit may be rented out. As members, owners must comply with those restrictions. An example is in the post. Some ways associations are changing or varying those restrictions is also in the post.
TAKEAWAY: know what restrictions your Association puts on short-term rentals – and enforce them.
The post on Wednesday 7/31/19 gave us 15 great HR tips/lessons. First, teach managers how to have the hard conversations. Second, think about leaving ratings out of evaluations and just use narratives. Next, put in place – and evenly enforce – a policy on CBD products. The other great tips are in the post. Finally, before you make any wholesale change that could adversely affect employees, discuss those changes with your employment lawyer. Otherwise you might be wondering why you didn’t follow the tips in the post.
TAKEAWAY: There are always ways to improve and reduce risk – but do it the smart and legal way.
In the post on Thursday 8/1/19 we read about when key employees quit: 5 things you must do to keep control of critical data. You may not see it coming, but employees will leave your company. That leaves you without their experience. It may also leave you in the lurch if they take confidential information. So what should you do to protect yourself and your information? First, assess the risk, i.e., know what you have and where and how it is retained. This is broken out in the post. Next, collaborate with internal and external IT personnel and providers. Why you need to work closely with both is noted in the post. Three more tips are in the post.
TAKEAWAY: the technology age has made information in the workplace both more accessible and more important – if it’s important, protect your data legally and to the best of your ability.
The post on Friday 8/2/19 asked: When is an employer’s reason for filing someone actually pretext for age discrimination? Do you care? You bet – it can make the difference between a winning and losing lawsuit or charge. In the post, we see how the analysis fleshes out. Westmorland, the employee, alleged that Time Warner Cable (TWC) fired her because of age. There was a multi-day trial, after which the jury verdict was in favor of the employee and awarded almost $335K in damages. On appeal, the court affirmed the verdict. Why? First, the plaintiff’s burden of proof in an age discrimination is as set forth in the post. And if the evidence is circumstantial (rather than direct), the 3-step McDonnell Douglas burden-shifting scheme listed in the post applies. The final step is on what Westmoreland’s claim turned. What TWC said was the reason for her discharge is in the post. However, Westmoreland offered more evidence (see the post) that tended to undercut TWC’s assertions. Even more facts cited by the appellate court that weighed in favor of Westmoreland are noted in the post.
TAKEAWAY: Facts are important – make sure yours support your position instead of undermining it. Work with an employment lawyer.
Finally, in the post yesterday 8/3/19 we saw that Valley Tool was sued by the EEOC for ADA violation and employee retaliation. What happened, you ask? Employee worked as sorters in 2016-2018. One disclosed a blood disorder that resulted in her missing work. What the manager said in response is in the post. As if that were not enough, the company then denied her a reasonable accommodation (as noted in the post). It also took other steps (see the post) and ultimately fired her, All of that was after receiving a letter from her doctor noting no medical restrictions at work. And there’s more – another employee who complained about what the manager did as noted above experienced the adverse actions noted in the post. So the EEOC sued.
TAKEAWAY: Laws are there to prevent discrimination based on factors that do not affect performance – or to accommodate employees so they can perform. Know the laws and stay within their mandates.
York, Pennsylvania 17403