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 8/26/18 we learned that employee use of company email may now be protected from company view. Things they keep a-changin’. From the employer’s point of view, this may not be a good thing; from the employee’s viewpoint, it probably is good. So we all know that employees should not use company email for personal matters, but they do. We also know that many companies have policies advising employees that they have no privacy when using the employer’s email system. But now a federal court has raised a question about a company’s right to access the private e-mail communications of an employee, even when using the company e-mail system. Why? It was based on the wording of the company’s email policy as explained in the post.
TAKEAWAY: Now it is even more important to have a proper email policy – and enforce it. Make sure an employment law attorney vets your policy.
The post on Monday 8/27/18 was about emailing employees on FMLA leave. Yes or no? The simplest, and best, answer is no, don’t do it. But sometimes it becomes necessary. The case in the post described one example of employer contact during FMLA leave. The post also looks at why it was ok in that instance.
TAKEAWAY: Treat FMLA leave as inviolate if at all possible; don’t contact the employee unless absolutely necessary, and then keep it to the barest minimum.
In the post on Tuesday 8/28/18 we found lessons From Estée Lauder’s parental leave settlement with the EEOC. Estée Lauder settled a dispute with the EEOC over the latter’s first suit targeting a parental leave policy that gave new mothers more time off than new fathers (male employees got two weeks of parental leave for child bonding time, rather than the six for women). What the settlement included is in the post – let’s just say it’s big dollars. And, in addition, the company revised its policy; what it now includes, retroactive to 1/1/18, is in the post.
TAKEAWAY: Leave policies are big selling point; don’t discriminate against or in favor of one gender and turn your good benefit into a legal liability. Get help from an employment law attorney if you’re not sure.
The post on Wednesday 8/29/18 asked: Does your Association need a fine schedule and late fee policy? We suggested you contact us for assistance. The first thing we will tell you is that yes, you do need a fine schedule and late fee policy (otherwise you will be in the dugout next to the association in the post). So what happened here? This Association’s Governing Documents required owners to maintain their property in various ways relative to cleanliness and attractiveness. The Governing Documents also allowed the Association to assess daily fines if violations were not corrected. What the Association did next, and resulted in suit, is in the post. The court looked at the situation and ruled as noted in the post.
TAKEAWAY: Make sure your Association has a mechanism to enforce violations; that is some combination of a fine schedule, late fee penalty, and more. Contact a community law attorney for assistance.
In the post on Thursday 8/30/18 we learned that a former Starbucks employee is suing the company for ‘discrimination’ after telling boss about transition. Because Starbucks just needed to be a grande news item … Maddie Wade filed suit in state court alleging that her manager, Dustin Guthrie, treated her differently after she told him she was going to start hormone therapy and have facial feminization surgery. Guthrie’s response and actions are in the post. What’s worse is what Wade found on socmedia – see the post. Wade transferred to a different Starbucks location but felt that the discrimination followed her, so she eventually quit on the advice of her doctor (after Starbucks’ response to her complaints as noted in the post).
TAKEAWAY: Make sure employees, especially managers, know not to discriminate against others based on sex. And these days, the tide of court rulings includes sexual orientation and gender identity under sex.
The post on Friday 8/31/18 talked about 5 magic words that can prevent an ADA claim. Abracadabra! Anything to help an employer fulfill its obligation to accommodate under the ADA, right?!? The simple words are in the post, and really make complete sense. They also serve as a jumping-off point for the interactive process. The post also contains simple tips on how to document simple accommodation requests that are easily granted by an employer. The post also talks about what might seem like preferential treatment, but may be required under certain circumstances.
TAKEAWAY: Know how to fulfill your accommodation obligations and use these words as a starting point. Consult an employment lawyer to keep you on the straight and narrow.
Finally, in the post yesterday 9/1/18 we saw that UPS Freight lost a disability discrimination suit under the ADA. The case concerned a company policy that resulted in drivers who must temporarily move into non-driving roles for medical reasons being paid less than drivers making the same move for non-medical reasons. More background facts (which really didn’t help UPS) are in the post. The EEOC filed suit. UPS’s defense is listed in the post, but obviously was not successful. The court’s rationale is also in the post.
TAKEAWAY: Don’t treat employees with a protected characteristic – which can include a medical condition that is a disability – differently than others. It will be far more costly in the long run.
York, Pennsylvania 17403