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 7/12/15 we talked about aggressive litigation continuing that attacks background checks (and not just under Title VII). The suits have been brought by both the EEOC and private plaintiffs when there is an alleged disparate impact on minority applicants and employees. The lawsuits were brought under both Title VII and the FCRA (Fair Credit Reporting Act). Not all cases have gone the way of the plaintiffs (many have fallen on problems with statistics presented in support of the alleged disparate impact). In fact, 2 cases brought by the EEOC under Title VII (against Dollar General and BMW) are still pending. Suits are also being brought under the FCRA, alleging various violations of its procedural requirements when using credit checks relative to employment; some current defendants are Michaels Stores and Whole Foods Markets. Publix just settled an FCRA suit for $6.8M that involved over 90,000 individuals. Read the post for more details.
TAKEAWAY: Using background checks is not illegal, but if done, must be done properly, in compliance with ALL applicable laws, and so as not to have a disparate impact on any protected group.
The post on Monday 7/13/15 was about Fox facing a pregnancy discrimination suit after an employee took a sabbatical for his sick wife. Ouch! The former tax-planning manager at 21st Century Fox has sued, claiming that after his wife gave birth in May 2013, she had severe post-partum depression and that 3 months later he told a supervisor he needed FMLA leave. The supervisor supposedly “reacted negatively” and began treating him differently than others about to take a leave; he also alleges that upon his return from leave, Fox retaliated and wrongfully terminated him. Fox denies the allegations, puts forth the Farragher/Ellerth defense (that he unreasonably failed to use corrective measures), and says termination was unrelated to the leave. We will all have to stay tuned and see how this case progresses …
TAKEAWAY: Remember that FMLA leave is not only for pregnant employees, but also covers leave related to pregnancy, birth or adoption.
In the post on Tuesday 7/14/15, we reminded you to always directly inform workers of FMLA rights. Always. In case we weren’t clear, always. If there is a question as to proper notice, the answer might not be in your favor. Look at what happened in this post.
TAKEAWAY: Even if your Handbook contains the required FMLA notice, make sure that employees asking about it are given a(nother) copy; don’t just assume they will read the Handbook.
The post on Wednesday 7/15/15 described the potential pitfalls of terminating an employee who requests extended leave. Remember that additional leave may be required after expiration of an FMLA leave, so don’t just say no right off the cuff. And don’t terminate the employee immediately if s/he fails to return to work but requests further leave. Read the post for more details.
TAKEAWAY: You probably know all about FMLA leave, but keep in mind the interplay between the FMLA, ADA and other applicable state statutes, all of which may require an employer to grant extended (more than 12 weeks) leave to an eligible employee.
The post on Thursday 7/16/15 told us about 6 ways divers rule at life (and how it also applies to you). I know you are probably skeptical, but read the post if you haven’t already. What are a few of the things? Going with the flow, literally and figuratively (being able to respond if things don’t go according to plan). Better communications (checking in to make sure others know what you’re doing or find out what they’re doing). Bravery (after education, training and practice). The others are in the post.
TAKEAWAY: We often see sports analogies applied to the workplace; here we see that skills learned in scuba diving translate perfectly into the work world.
The post on Friday 7/17/15 was about a sheet metal union that has to pay about $12M to partially settle a 44-year-old race bias suit. Yikes on all accounts! Hopefully you will never see either of those numbers (the length of a suit or the settlement figure) next to your company’s name. Here, the settlement relates to a portion of the case for 1991 – 2006 (and supplements a prior settlement of $6.2M for the period 1984 – 1991). The allegations are of a pay disparity based on race.
TAKEAWAY: If you are party to a lawsuit, there is always the possibility of settlement, even many years down the road, so don’t give up. And settlements are always better because it is something you can live with and is a sure thing; leaving a decision up to a judge or jury is like rolling the dice ….
Finally, in the post yesterday 7/18/15 we noted that if you (plan to) live in a community with a homeowners’ or condo owners’ association, make sure you can afford it. What does that mean? Know what things are your responsibility under the legal documents and what things are the responsibility of the Association. You will probably be paying regular maintenance fees (also referred to as dues or assessments), usually on a monthly, quarterly or annual basis, and possibly special assessments, just to name a few things, on top of your regular mortgage payment, real estate taxes and utility bills. Recognize that all of these expense items will probably increase in the future – even if your income does not – so budget accordingly.
TAKEAWAY: Many people live in planned communities – those covered by a Homeowners’ or Condominium Owners’ Association and related legal documents. Make sure you understand all obligations, especially the financial ones, so you know who is responsible for what.
York, Pennsylvania 17403