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 1/27/19 we learned of a BIG settlement in failure to accommodate disability case. Six digits to the left of the decimal. A subsidiary of M&T bank will pay $700,000 (and other things) to settle the case with the EEOC. It all stems from the employer’s policy of putting employees with disabilities or impairments on involuntary leave until receipt of a doctor’s clearance for a full (no limit) return. Many employees with disabilities requested accommodations; how they were affected is in the post. Also, but one specific example is in the post. The court entered a consent decree that includes the $700,000 payment plus the other items listed in the post.
TAKEAWAY: Yes, you can have policies and evenly enforce them. No, you cannot enforce them even in the face of a law that tells you otherwise.
The post on Monday 1/28/19 was about a male Disney worker who claims his female boss harassed him. Yes, it does happen. What kind of harassment? Bullying him about his age, bragging about sleeping with married men in the office, and more in the post. Anthony says that the top execs and managers in his division were female, an anomaly when compared to the division’s entire workforce. Specifically, Anthony alleges that his former boss called him a ‘stuffy old fart”, moved him office to a space without a window, and more (so much more!) noted in the post. To make it worse, he alleges that he was discharged after making a complaint to HR. Disney’s statement denied the claims.
TAKEAWAY: Female on male harassment/discrimination is rare, but it does happen. Investigate and treat it just like any other matter – fully, honestly, and completely – and take action as warranted. Consult an employment lawyer if needed.
In the post on Tuesday 1/29/19 we read about a settlement in a retaliation case. Apparently tis the season … to settle. Here, the EEOC settled with a credit union, on behalf of a former bank manager, for $110,000. The suit alleged that it field Connie because she opposed, and assisted another in opposing, a racially offensive video for a training session. What was in the video? It’s despicable and in the post. Of course, so is the action of the credit union (as in the post).
TAKEAWAY: Before taking adverse action against an employee, especially one in a protected class, consult an employment lawyer – it will save you heartache and money in the short- and long run.
The post on Wednesday 1/30/19 warned to make sure your Association can deal with this type of holiday decoration situation. Your Bylaws or Rules/Regulations probably already limit how early (before a holiday) decorations can be put up and how long after the holiday they may remain up. Right? (If not, they should; contact Austin Law firm if you need help with this.) What would you do if a situation like in the post happens? What if it conforms to the Bylaws/Rules & Regs? Uh-oh.
TAKEAWAY: Cover your bases to the extent you can, but know that not everything can be dealt with beforehand. That’s Association life.
In the post on Thursday 1/31/19 we saw that a former Marriott exec says he was forced to dance for colleagues. Daryl, an African-American former sales executive, was hired in February 2017 and sold timeshares. He had over 20 years’ experience and was a good performer. Marriott made promises as to what would happen after training (see the post), but instead of keeping those promises, this happened (see the post). Further, during sales meetings, his director of sales told him to dance when music was played, often the type of music in the post. Oh, that’s not all. There is more in the post, including how his boss tried to justify it all. When HR wouldn’t tell him the results of the investigation he demanded, he quit and sued.
TAKEAWAY: Know what your employees are doing and saying – and when there is a complaint, investigate and take appropriate action; don’t be an ostrich!
The post on Friday 2/1/19 told us the Mariners were hit with a lawsuit alleging race and gender discrimination. We noted that this might be fun to follow … Well we already know that professional sports are indeed a world unto themselves. But in that world, discrimination apparently exists. Lorena became employed with the Seattle Mariners baseball organization in November 2017 as Director of High Performance; in that role, she reported to the GM. Her complaint alleges that after she was hired, the GM and other execs reduced her duties and authority, including those things listed in the post. One big thing that fed into the gender discrimination allegation? See the post. The allegations also include derogatory comments toward the Latino community and females, including calling her a “cocky Latina” and saying the thing in the post. After she was discharged (without notice) in October 2018, she sued.
TAKEAWAY: At-will employees can indeed be fired for no reason and with no notice – but make sure they don’t fall into a protected group that might lead to charges of discrimination. Consult an employment lawyer to be sure.
Finally, in the post yesterday 2/2/19, we affirmed that leaving work early due to fear of rush hour traffic is not a reasonable accommodation. Ok, stop laughing. When Heather was pregnant, she had a panic attack while driving home in rush hour. Her supervisor changed her work hours until after she gave birth. And what else did the employer do to help her for the entire next year? See the post. Then a new supervisor came into the picture and changed her schedule. She asked for an accommodation so she would not have to drive in rush hour. The employer denied it on the basis listed in the post. Heather quit – and sued. The case went up to the federal appeals court before the decision in the post came out.
TAKEAWAY: It’s great to do more for an employee than the law requires, but beware taking it away as that may then come back to bite you – hard.
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