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 8/19/18 we saw that Facebook to tweak its ad tool to end discrimination probe. This stemmed from a finding that Facebook’s ad tools allowed advertisers to exclude black, Hispanic, and other “ethnic affinities” from their Facebook campaigns. See the post for more details on what happened and how it is being stopped.
TAKEAWAY: Discrimination in any form is almost always illegal – don’t be a part of it.
The post on Monday 8/20/18 was about how to transfer employees without liability. Why would an employer want, or need, to transfer an employee? Some reasons are in the post. While there are good reasons to transfer someone, there are also possible ramifications and steps to take. First, the transfer might be viewed as discriminatory or retaliatory. Examples of that are in the post. Other ramifications and steps to take are in the post.
TAKEAWAY: Transferring an employee to a different position can be a good option to have, but it must be used judiciously and legally.
In the post on Tuesday 8/21/18 we saw that a jury awards Maui couple $1.7M in suit against their condo association. The underlying suit was about disability discrimination. Greg alleged that the board improperly tried to foreclose and illegally fined him and his wife $200 a day for more than two years. What they fined him for is in the post, as is more background information.
TAKEAWAY: Even in the planned community arena, Boards must ensure that there is no discrimination or retaliation against residents – or be prepared to shell out big time.
The post on Wednesday 8/22/18 asked: Delinquent owner pays assessments, but not late or other fees. Now what? The owner and Association were in litigation about four years of unpaid assessments, along with interest, late fees, attorneys’ fees and costs, the latter of which were authorized by the Association’s governing documents. They agreed to a payoff relative to the regular assessments and that a trial would decide what other amounts were owed as a result of the owner’s failure to regularly and timely pay assessments. Good so far. Rulings by the trial court and appellate court are in the post; both have a similar basis.
TAKEAWAY: Make sure your Association has Governing Documents and that they are enforced.
In the post on Thursday 8/23/18 we read about the top 10 FMLA mistakes employers regularly make. And suggested you learn from them. The first, and most common, is failing to meet employer obligations including not posting the latest FMLA poster at every worksite and not having an FMLA policy. Others are in the post. Most are simply avoidable.
TAKEAWAY: Know what your obligations are and meet them; if you need assistance consult an employment law attorney like Austin Law Firm.
The post on Friday 8/24/18 told us about fired Haitian workers at hotel getting $2.5 million in discrimination suit. So imagine yourself in a beach chair, on white sand, with palm trees swaying; yes, this could be paradise in Miami. While off the sand, in the kitchen of a ritzy hotel, 17 Haitian dishwashers were banned from speaking Creole, while Hispanic colleagues were free to chat in Spanish. And when they were asked to do work other employees were not and complained about it … the post tells what happened next. So then they complained to HR. And … read the post for the employer’s response While the employer asserts it had a legitimate reason for its actions, it settled the suit with the EEOC.
TAKEAWAY: If you are going to take adverse action against one or more employees, and s/he/they are in a protected class, make sure the action is legal before taking it – it could save you much hassle and money.
Finally, in the post yesterday 8/25/18, we asked: Is working full-time an essential function of a full-time job? No, this isn’t a trick question. And the answer is “it depends”. Here, Heidi, an HR generalist, went out on maternity leave. She was later released to return to work on a part-time basis, to which the employer initially agreed. The post includes what happened next that resulted in the filing of suit. How the appellate court ruled, and its bases, are also in the post.
TAKEAWAY: Document FMLA leave (start and end dates) and make sure there is a valid, legal basis for any adverse action.
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