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 9/29/19 we learned about an NLRB Memo that clarifies rules for workplace social media policies. We noted that this applies to ALL workplaces, so pay attention! The case in the post involved CVS Health. Two of its policies were deemed to unlawfully interfere with employees’ rights under Section 7. The first required employees to identify themselves by their real name when they discussed the company and their work on social media. What the Board said about that policy, and how it is unlawful, is in the post. The second CVS policy is listed in the post, as well as the Board’s analysis of that one.
TAKEAWAY: Know what standard will be used to judge the lawfulness of your policies – consult an employment and labor lawyer for assistance.
The post on Monday 9/30/19 was about getting fired: reasons you didn’t know about. The post lists 10 things; first is getting frisky at work. You know, getting involved with a co-worker. The problems with this are in the post. Another thing that might get you fired, or not hired, is saying ho, ho, ho instead of no, no. This has to do with gift giving and how it comes into play is in the post. A third thing? Being too perky. Not as in peppy, but as in taking advantage of too many company perks too often. See the post. The other 7 things are also in the post with examples of each.
TAKEAWAY: As we said in the post, employers and employees need to know the legal reasons to fire or not hire. Be careful.
The post on Tuesday 10/1/19 asked: Will It Be ‘Game-Set-Match’ for women’s sports? The post gives an interesting view on possible effect of SCOTUS ruling on applicability of Title VII to transgender persons. In the case before the Court, a funeral home employee told the owners that after scheduled time off, he would return to work as a female. He was fired. The employee sued for sex discrimination. How a lower court held is in the post. The appellate court reversed and now the Supreme Court will hear the case this month. So why do women, and women in sports, care? Title IX prohibits sex discrimination in education and has helped women’s sports. But Title IX is often interpreted as is Title VII, so the case before SCOTUS might affect Title IX cases. It might mandate the examples noted in the post. And that will have the result also noted in the post.
TAKEAWAY: What seems like a simple issue often has broad implications; transgender rights is no different.
The post on Wednesday 10/2/19 told us a dispute over backyard playset and other amenities snowballs into federal lawsuit. You know that community associations have restrictions and rules that all must live by. What happens when someone doesn’t do that? The case in the post involved a backyard playset, spa pool, barbecue and other amenities. More details about what they wanted to do are in the post. The HOA rejected the owners’ plans – and more in the post. What happened next is in the post. The suit, filed under the FHA, details the background – and is ugly.
TAKEAWAY: It is important that owners abide by applicable restrictions and rules – but it is equally important that the Association abide by applicable laws. Have a good community association lawyer on call to assist.
In the post on Thursday 10/3/19, we asked: Is the EEOC protecting workers or discriminatory employers? The post gives interesting statistics on EEOC filings and findings. One finding: the EEOC found no probable cause in over 64% of cases in the period covered. If considered filing suit in only slightly over 3% of cases. Details are in the post and make a good read.
TAKEAWAY: There are several avenues to those who feel they have suffered harassment or discrimination; employers should know what they are and how to respond.
The post on Friday 10/4/19 was about a blood bank in the doghouse over service dog discrimination. This is yet another case out of the Third Circuit, so pay attention. CSL Plasma, a blood bank, tried to bar a person who uses a psychiatric service dog from giving blood. The details on Matheis, a retired police officer, are in the post. What Odin does to assist him is also in the post. Why CSL tried to prevent him from giving blood is in the post. When the matter went to court, the court analyzed whether blood is a public accommodation and whether there was a violation of the ADA. The analysis is in the post.
TAKEAWAY: Employers – and service businesses – must know when and where service dogs are allowed. Period.
Finally, in the post yesterday 10/5/19, we asked: Think harassment claim is false? Investigate anyway. Employees know how the law protects them – employers must too. When someone is expecting discipline, s/he may try to find some basis to hit back at the employer. But some of the complaints may be true. Act as noted in the post.
TAKEAWAY: Regardless of when or about what a complaint is made, investigate. And involve employment law counsel if needed.
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