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 7/15/18 we read that you should not just cut and paste your company’s social media policy. Your policies and procedures should be tailored to your company’s business objectives and legal needs. The post mentioned 5 reasons to seek legal assistance relative to your social media policies and procedures. They include that The tone of your policies and procedures matters, your corporate structure must be donsidered, and others in the post. If it is not broad enough or too broad, you may have trouble legally enforcing the policy/procedure.
TAKEAWAY: If your social media policy/procedure it is not broad enough or is too broad, you may have legal trouble enforcing it.
The post on Monday 7/16/18 told us that the flurry of recent ADA cases can be instructive for employers. Recent decisions provide a good framework for handling ADA issues at your workplace, including the foundational issue that underpins every single ADA situation: whether the employee has a disability under the statute. Why do you care? Because only those who meet the statutory definition will be able to claim relief under the ADA and you as an employer are not obligated to provide reasonable accommodations unless they fit into this category. The post talks about the background of the ADA and ADAAA (which broadened the definition of disability). It then talks about a few examples, the first of which is that not being able to work overtime doesn’t mean you’re disabled. That and a few other examples are detailed in the post.
TAKEAWAY: If an employee merely present evidence of a medical diagnosis, a court might reject the claim if there is no corresponding evidence showing how the condition limits or restricts daily life activities. But sometimes the safest way to proceed is to start the interactive process even while determining if the person fits the definition of disabled.
In the post on Tuesday 7/17/18 we saw that past good reviews may sink ADA/FMLA defense. Learn what (not) to do. Seems kind of obvious, but when an employee who has received excellent reviews asks for a disability accommodation, firing her for poor performance is bound to backfire. The post gives us an example of how this plays out.
TAKEAWAY: Make sure to consult an employment law attorney before taking adverse action against someone returning from an approved leave.
The post on Wednesday 7/18/18 asked: are your Association’s Governing Documents enforced? (Then we suggested you let us help you, whether you are a homeowner or on the Board.) Blue or grey shingles? Simple question, right? Well, not necessarily – when it comes to a planned community and its rules. In the post, the Association won’t issue a resale certificate because it says the owner did not get approval for roof repairs after a storm. Even though a roofing contractor who has the same color shingles did the work, the shingles violate the Bylaws. The choices the owner now has are in the post.
TAKEAWAY: Before you buy a home within a homeowner or condo association, know the rules you will have to live by. Likewise, if you are on the Board, be prepared to enforce those rules.
In the post on Thursday 7/19/18 we saw that a firm will pay $100,000 to settle an Indian-origin employee’s discrimination lawsuit. So what happened? Ashok, who worked for a federal contractor, was fired and replaced by someone much younger. Coincidentally, that was after he asked for a transfer to work nearer to where his son lived so that he could help care for his son. More details about the son’s needs and transfer request are in the post. The irony of the whole thing is that the alleged discrimination took place in the employer’s Virginia office where Ashok worked within the US Department of Justice. The EEOC sued for violation of the ADA and ADEA. What the settlement includes is in the post.
TAKEAWAY: don’t make a bad situation worse; when dealing with someone in a protected group, take adverse action only if you are sure it’s legal and you can prove that if need be.
The post on Friday 7/20/18 noted that In case anyone’s counting, here’s a list of all the anti-LGBT stuff Trump has done as President (so far). So has President Trump kept his campaign pledge to be an LGBT ally? You be the judge. Not even on the list, but to start, he has not acknowledged Pride Month in either of the years he’s been in office. The list. First, he says it’s legal to fire workers for being transgender. Next, he says it’s legal to fire workers for being gay (when the EEOC said to the contrary). And there are 11 more in the post. All roll back time and hard-fought recognition and rights for LGBT persons.
TAKEAWAY: Separation of the branches may keep this under control, but Justice, under the direction of the President, is trying to turn back the clock. Keep alert.
Finally, in the post yesterday 7/21/18 we learned that dismissal of a racial bias case involving nooses was upheld. Yes you read that right. Nooses may not always result in a finding of a hostile work environment. Here, there were nooses, racist graffiti and more. What the court stated as the issue before it is in the post. The court noted that Title VII is not a code of conduct. Its analysis on the other counts is in the post.
TAKEAWAY: Even if there is illegal discrimination or harassment, an employer can do the right thing(s) and have no liability.
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