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RTO mandates increase ADA WFH accommodation requests; firing employee over age 40 is not always illegal; owner fighting HOA violations in unique way; SpaceX chose wrong fork in discrimination road; and more in Our Social Media Posts This Week, May 11-17, 2025.

Below is a review of the posts on Facebook and LinkedIn from the past week. You can check out the full posts by clicking on the links.

NOTE: there is continued instability and fluctuation with the (attempted) changes in federal labor and employment law resulting from executive orders (EOs) and court decisions, so check with us or another employment lawyer before taking any action based on something in our posts.

clorox’s women-in-management hiring goal helps revive man’s bias lawsuit

The post on Sunday 5/11/2025 told us Clorox’s women-in-management hiring goal helps revive man’s bias lawsuit. Employers must be careful…

A federal appellate court partially reversed a lower court’s grant of summary judgment to Clorox in a former sales employee’s discrimination suit, holding recently that the plaintiff raised genuine issues of material fact as to whether he was wrongfully terminated because of his gender. Let’s look at the background.

Court documents allege that Clorox fired the plaintiff, a 63-year-old White man, amid a reorganization of its sales staff and promoted a 35-year-old White woman to replace him. He alleged discrimination on the basis of race, sex and age, but the trial court granted summary judgment to Clorox; the basis of its holding is in the post.

The appellate court reversed only on the basis that the plaintiff had shown that a reasonable jury could conclude that Clorox’s reasons for firing the plaintiff were internally inconsistent and discriminatory on the basis of gender. What the court pointed to for support is in the post.

The Court’s decision may be a cautionary one for employers as they decide how to frame diversity, equity and inclusion initiatives in the current business climate. The court specifically referenced a Clorox program detailed in the post (as well as the parts of the program the plaintiff cited). The plaintiff argued that a jury could find that Clorox “overreached” with its DEI policies.

On the other hand, Clorox asserted its non-discriminatory reason (detailed in the post) to which the plaintiff issued a rebuttal (which also is in the post). Ultimately, the court said Clorox’s goal was “sufficiently ‘specific and substantial’” to defeat summary judgment and “raises material questions of fact concerning Clorox’s reasons for firing him.”

This case is just one of several recent decisions involving claims of discrimination by a majority-group plaintiff. A recent lawsuit brought by a male former Accenture employee similarly claimed that the company promoted female workers over the Plnatiff there in pursuit of a gender parity goal.

The Toney court’s focus on specific forms of DEI goals — namely those listed in the post — illustrates the legal risks such goals may create for employers. The results of a recent Bloomberg Law analysis about high-risk DEI programs are in the post. And at the same time, the EEOC, which has increasingly taken an anti-DEI stance in its enforcement and guidance, published guidance in March on this subject (see the post) and a few weeks later, a former EEOC commissioner also jumped into the fray – see the post.

         TAKEAWAY: Employers may have ambitious goals for growing their companies, but they must now be careful about using DEI initiatives to accomplish those goals.

remote workers’ ada requests are up despite return to office (RTO) mandates.

The post on Monday 5/12/2025 noted remote workers’ ADA requests are up despite return to office (RTO) mandates. Yep, one more reason to fight back against return-to-office mandates.

Over the last few years, companies worldwide have been trying to get employees back in the office, despite the majority of work from home productivity stats (linked in the post) showing that the employee perk is good for business. Because of that, remote workers have done what they can — from petitions to walk-outs — to keep their flexible schedules intact. Now, ADA requests are on the rise. Statistics bearing that out are in the post.

Hard to believe, right, but the most common accommodation was remote work, with 51% of requests specially asking to work from home. On top of that, 46% were requesting intermittent leave or reduced schedules. Whether this is an anomaly or just pushback remains to be seen. Or is it an expected result stemming from long-COVID?

The question then is whether remote work is even an option under the ADA. The EEOC has weighed in – see its position in the post. What that means is that there are circumstances in which an employee may be entitled to work from home, if they meet the requirements and go through the proper channels to get them approved. And as long as it does not cause an “undue hardship” to the employer. Given the vagueness of that phrase, how should an employer approach these types of request (in order to fulfill its legal obligations and remain out of court)?  

The best place to start is a good faith discussion with employees. What should be discussed? See the post. And start to come full circle …

            TAKEAWAY: For eligible employees, continuing to permit work from home as an accommodation might be the easiest path – and might be legally required under some circumstances. Work with an employment lawyer.

city steps in as condo complex faces $1.4M water bill, bankruptcy proceedings

The post on Tuesday 5/13/2025 told us a City steps in as condo complex faces $1.4M water bill, bankruptcy proceedings. Why did it even get to this point? NOTE: there is an embedded VID with this post.

There are new developments in a story first developed in early April. The city of West Palm Beach had notified residents of a local community that their condominium association had not been paying their water bill and the city would turn off the water on Monday, April 28. But that has now changed.

According to the city, Green Terrace Condominiums has declared bankruptcy, meaning the water won’t be shut off for at least another 30 days. That’s good news for residents as they have a bit more time to find a place to live and get their belongings moved out.

How long did it take to accumulate that water bill of $1.4 million? See the post. And why did the city allowed that to go on for so long? Good question (for which no answer is in the post). The bankruptcy filing imposed a stay for a bit of time. But not forever.  What might happen to that debt as a result of the bankruptcy? That answer is in the post.

Depending on their income, the City is offering residents at Green Terrace up to $7,000 for a security deposit and first and last month’s rent so they can move somewhere else. What one resident had to say about the situation is in the post.

Residents were notified that the condo board filed the bankruptcy petition on April 25. It also told them the immediate effect relative to the water bill – see the post. How many of Green Terrace’s 84 units are still occupied now? See the post.

         TAKEAWAY: Boards have a fiduciary obligation to operate the association; owners should keep an eye on things generally to ensure that obligation is fulfilled. Involve a community association lawyer if there are questions.

ralphie’s sports eatery to pay $125K in EEOC race, disability discrimination and retaliation suit settlement

The post on Wednesday 5/14/2025 confirmed Ralphie’s Sports Eatery to pay $125K in EEOC race, disability discrimination and retaliation suit settlement. Bennett Enterprises Inc., which does business as Ralphie’s Sports Eatery Company, has agreed to pay $125,000 and provide other relief to settle a lawsuit filed by the EEOC).

According to the EEOC’s lawsuit, a biracial woman with a diagnosis of depression and anxiety worked for Bennett Enterprises as a server at its Ralphie’s Sports Eatery location in Kenton, Ohio. The former server was subjected to a hostile work environment because of her race, including those things noted in the post. After the restaurant learned of the server’s disability, she was denied a promotion, suspended and then fired. The server filed a discrimination charge with the EEOC alleging race and disability discrimination. And then what happened between her and Bennett Enterprises? See the post.

The EEOC alleged that Bennett Enterprises’ conduct violates Title VII and the the Americans with Disabilities Act (ADA). As a reminder, what those statutes prohibit and require is in the post. The EEOC’s suit was filed in federal court in Ohio after conciliation failed.

The two-year consent decree settling the suit requires Bennett Enterprises to pay $125,000 in back pay and compensatory damages and to do the other things listed in the post (which might be almost as important. The EEOC’s statement on the settlement is also in the post.

            TAKEAWAY: Employers must know how to meet their obligation under the ADA to accommodate disabled employees – and how not to discriminate on the basis of a protected characteristic in violation Title VII. Get assistance from an employment lawyer if needed.

wayfair wins $1.5M age bias suit after jury trial

In the post on Thursday 5/15/2025, we saw that Wayfair wins $1.5M age bias suit after jury trial. Most cases get resolved on motions (summary judgment in favor of the employer, meaning the employee or applicant did not meet their burden of proof) or settle, but this one went to trial. Let’s take a closer look.

The suit was filed by a former employee, Richard DiBona, a 53-year-old software engineer, alleging that he was wrongfully terminated after requesting flexible work arrangements to care for his children during the early months of the COVID-19 pandemic. After a trial, the jury sided with Wayfair, finding that it did not discriminate against DiBona based on his age. DiBona had sought at least $1.5 million in damages, including front-pay, back-pay, emotional distress, and compensation for company stock in his suit.

According to DiBona’s lawsuit, less than a month after he informed his supervisor of his caregiving responsibilities due to pandemic-related school closures, his manager initiated discussions about a performance improvement plan and offered him time off to search for a new job. How that then fits into DiBona’s suit is in the post. Wayfair argued that DiBona’s termination was due to performance issues and his failure to meet expectations, despite having been placed on a performance improvement plan. DiBona contested this on the bases noted in the post.

A statement by a Wayfair spokesperson is in the post. DiBona’s statement after the jury verdict is also in the post.

        TAKEAWAY: While an adverse action against an older employee can be illegal, not every such action is discrimination on the basis of age. Employers should have – and document – their valid legal basis for any such adverse action in case they need it as a defense in the future.

2800 homeowners pay in -o ne fights back against hoa “harassment”. WHo is the one?

The post on Friday 5/16/2025 was clear that 2,800 homeowners pay in — one fights back against HOA ‘harassment’. So who is the one?

A state legislator. After repeatedly being cited by his homeowners’ association for minor infractions — including those listed in the post that are common around the country — state legislator Joe Patterson decided to fight back. But not with just a phone call or complaint letter. Patterson took his frustration to the Capitol. He filed a bill that would require California’s roughly 50,000 private homeowners’ associations to operate with more transparency. Details of what the bill would require are in the post.  But recently the bill failed in its first committee hearing.

Patterson’s complaints about those things for which the HOA cited hi is in the post. He also said that his HOA sends someone to photograph his property nearly every week.

A substantial portion of the US population lives in HOAs which collect monthly dues from residents to do those things listed in the post. While many people appreciate the structure and appearance HOAs help maintain, others think they have too much power. In this instance, the bill was authored by one legislator and presented by Patterson. What it tried to do is in the post. Patterson said the bill’s defeat likely had less to do with its content and more to do with its author. See the post for his statement (and that of the bill’s author). And why didn’t the author present the bill himself? It’s a surprising answer – see the post. Patterson is not done yet – he plans to reintroduce the legislation again in the future. Some of the organizations that opposed the bill are listed in the post. They argued, in part, that state law already builds in transparency and accountability in HOA governance.

For now, the bill is dead — but in Patterson’s office, a black flag hangs with a clear message. See the post for what it says.

TAKEAWAY: Living in a community association means giving up some things to gain others – but that is a choice owners make and the rules, including paying assessments, apply to every owner. At the same time, owners are entitled to certain information as provided in applicable statutes or the association’s documents. A community association lawyer can answer many questions you might have

fired spacex employee with crohn’s disease says bosses timed his bathroom breaks (and more)

Finally, in the post yesterday 5/17/2025, we read that fired SpaceX employee with Crohn’s disease says bosses timed his bathroom breaks. We noted (with a bit of wry humor) that it looks like SpaceX chose the wrong fork in the discrimination road. Let’s dive deeper.

Douglas Altshuler began working at SpaceX, in June 2023, where he was assigned to answer customer support calls. The Redmond campus where he was working includes a factory where components are assembled for Starlink (the SpaceX unit that provides mobile broadband service by way of a network of satellites put into orbit aboard the company’s rockets). The job seemed fine until early 2024, when Altshuler’s supervisor allegedly began tracking Altshuler’s bathroom breaks and repeatedly criticized him for using the bathroom. Douglas Altshuler suffers from Crohn’s disease. The effect of his medical condition is described in the post. Not only would the 58-year-old Altshuler be disciplined for taking longer than his bosses deemed necessary, but allegedly they took it even farther – see the post.

SpaceX sys that Altshuler provided his supervisor with a letter from his physician requesting a reasonable accommodation due to his Crohn’s. The requested accommodation is noted in the post. The supervisor allegedly acknowledged that Altshuler had a legitimate disability and assured him that his bathroom use would never be restricted. And then there was a representation from a second manager – see the post.

The SpaceX Human Resources then department followed up by asking Altshuler to fill out reasonable accommodation request forms. What Altshuler told HR is in the post – and was ok for a while. Soon things went back to the way they were before, i.e., the supervisor went back to monitoring his bathroom breaks, and more as noted in the post. So Altshuler went to his boss’s bosses to report the ongoing problem. They asked for details, which Altshuler provided in an email How they allegedly responded is in the post. And at Altshuler’s next performance review, his supervisor, apparently upset over Altshuler having escalated the matter up the chain of command, allegedly retaliated by giving him an unsatisfactory appraisal that included what is noted in the post.

In October 2024, Altshuler was reassigned to a new supervisor. So all good, right? Nope. Allegedly the old supervisor still continued to listen in on Altshuler’s customer calls throughout the day and kept watch over his support tickets. Altshuler felt bullied, so he again notified HR.

Then in November 2024 Altshuler was forced to file a workers’ compensation claim and take three weeks of medical leave due to a debilitating “chemical exposure” on the job. He notified OSHA about the incident. Altshuler also told OSHA and the state Department of Labor about the SpaceX employee he claimed to have seen drying industrial components in the breakroom oven. When Altshuler returned to work, his bathroom visits once again became a point of contention, but a bit more escalated – see the post.

Then in mid-December, Altshuler went to the head of HR with his grievances. He noted that he’d been working at SpaceX for about 18 months and the behaviors from his managers were still making his life miserable on a constant basis. And Altshuler told HR some other things as noted in the post.

On January 6, 2025, HR emailed Altshuler with their findings, telling him that “his concerns… were unsubstantiated.” He then contacted SpaceX’s HR chief. Three days later, SpaceX fired Altshuler for alleged “deficient performance.” Altshuler filed suit.

Altshuler’s suit also deals with SpaceX’s business and safety practices, accusing the company of denying him proper meal breaks, shorting his pay, exposing him to toxic chemicals, and the other thing he reported as discussed above.

It is interesting to see who is representing Altshuler in his lawsuit, especially given the current fluctuations in employment law and governmental enforcement. How the attorney characterized an employee’s rights is in the post. A SpaceX spokesperson and the attorney defending the company against Altshuler’s lawsuit did not respond to requests for comment.

Altshuler’s suit alleges that the multiple grievances he reported to SpaceX (as listed in the post) and his workers’ compensation claim were motivating factors in the decision to terminate. His claimed damages, and the relief he seeks, are also listed in the post.

        TAKEAWAY: We’ve said it before – employers must know how to accommodate a disabled employee (unless it will cause undue hardship). Work with an employment lawyer on both of those prongs to get it legally correct.