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.
The post on Sunday 2/23/2025 noted that Trump’s labor agenda starts to take shape with barrage of orders. The President took wide-ranging actions on Inauguration Day intended to reshape the federal workforce and influence labor and employment law enforcement in the private sector (and it hasn’t stopped yet).
Trump signed numerous executive orders on Day 1 including the revival of his “Schedule F” policy (which makes it easier to fire select career employees) and the elimination of government diversity, equity and inclusion (DEI) policies. He also directed civil rights agencies (including those mentioned in the post whose decisions affect millions of people) to recognize only two sexes, male and female, when enforcing anti-discrimination law. All of the new Administration’s efforts are just the beginning of a major shift in workplace policies that will likely generate litigation for years to come.
Oh, but there’s more. Trump also reversed dozens of Biden-era orders, including a sweeping measure to regulate artificial intelligence (AI). What had been happening under this directive, and is now stopped, is described in the post.
Related to the federal sector, Trump implemented a hiring freeze, ordered workers back to the office, and formalized his plans for a Department of Government Efficiency (DOGE) (his stated purpose for which is in the post). The orders on were not the only thing to happen on Day 1: during the inauguration, a group of public unions and public interest groups filed suits challenging the DOGE effort (which, as you know unless you’ve had your head buried in the sand, is led by billionaire Elon Musk). And Trump announced a broad regulatory freeze – to what/whom that applies (which is why you care) is noted in the post. And he also tapped new leadership and acting heads to guide regulatory and enforcement priorities, including those noted in the post.
Day 1 also surprised – Trump did not take some actions that had been anticipated. Those are also noted in the post.
TAKEAWAY: Employers often have a difficult time knowing what laws apply to their workplace and how they are to be interpreted and enforced/implemented, but this revolving door of agency heads and withdrawn regulations/decision and more is only making it more difficult. Keep in touch with an employment lawyer to help you meet your legal obligations.
The post on Monday 2/24/2025 alerted us that Trump announced that Andrea Lucas will lead the Equal Employment Opportunity Commission (EEOC). The post looked at what that could mean for your workplace. Lucas has served on the EEOC since 2020 when she was appointed by then-President Trump. She has vowed to make big changes at the agency – and those changes are sure to have a huge impact on the workplace when it comes to civil rights. The EEOC is tasked with enforcing laws such as Title VII, the Pregnancy Discrimination Act, and the multitude of others listed in the post. So really, every time you talk about discrimination in the workplace or write a policy to comply with one of those laws, the EEOC oversees it. And things are going to change.
First and foremost, Lucas has been quite outspoken about her prioritization of individual rights over group outcomes. The EEOC press release announcing her appointment as acting chair contains a quote from her (which is in the post verbatim). Lucas’s statement could indicate less of an emphasis on disparate impact claims (the meaning of which is in the post) and, perhaps, an endorsement of the removal of “background circumstances” relative to majority group discrimination. This latter change is coming in tandem with a case pending at the US Supreme Court that will determine whether a member of a majority group has to reach a higher burden of proof to prove illegal discrimination than does a minority member. If the Supreme Court rules that all employees must meet the same standard, then combined with the new Lucas-led EEOC that will focus on the individual rather than the group, an increase in lawsuits from majority members claiming discrimination is to be expected.
But there is more. Lucas also has been a champion of sex-based rights rather than gender identity-based rights. Her quoted priority in this area is in the post. So when put together with Trump’s early Executive Order on sex (the text of which is in the post), it’s likely there will be very different rules coming out of the EEOC related to bathroom access and other matters. Why that will change is also discussed in the post.
So where do things stand now? The court challenge on majority group discrimination lawsuits was argued at the Supreme Court on February 26. It is expected that court challenges will also be brought to sex-based versus gender-identity-based rights. All of this means a bumpy and unsure road for employers. The world will not stop moving, so employers have to do something – and hope that something does not land them in legal hot water later. Some advice from one employment lawyer is in the post (including a reminder of state and local laws that may not be changing and under which certain protections are in place and compliance required).
TAKEAWAY: Once again, employers need to be aware of everything that has and has not changed as relates to their workplace – staying in touch with an employment lawyer is a really good idea (now more than ever).
The post on Tuesday 2/25/2025 asked: what can Trump do to stop federal employees from working remotely? Private employers seemingly have more discretion to require workers to return to the workplace (absent accommodation issues), but President Trump is requiring most federal employees to return to full time, in person work. And, as expected, there has been backlash and legal challenges from unions.
This started by issuance of another Executive Order (so far, Trump’s preferred means of governing). This EO directed the heads of all federal agencies to “take all necessary steps to terminate remote work arrangements” and require employees to report to “their respective duty stations” full time. But the short order also has a caveat at the end on which both the government and employees can hang their hats – see the post. In a memo the U.S. Office of Personnel Management (OPM) then ordered agencies to update their telework policies and noted intended full implementation within 30 days. But is that timeline feasible? And, more important, is it legal?
Well, it depends. The president has broad authority over the federal workforce, including the power to tell agencies to stop allowing remote work for employees who are not unionized. Who that includes is noted in the post. But, about 26% of federal employees are unionized and many are covered by bargaining agreements that allow for remote or hybrid work. And that’s where the caveat in the EO comes into play – see the post. And in some cases, agencies may also be required to allow employees with disabilities to work remotely as an accommodation.
In the end, are we really talking about a large percentage of the federal workforce? Not really. The Trump White House said that only 6% of federal employees currently work in person, but government data shows that remote work is more limited. About 46% of federal workers, or 1.1 million people, are eligible for remote work; how many actually work fully remotely is in the post. The U.S. Departments of Defense and Veterans Affairs, which have far more employees than other agencies, have the most remote workers, along with the Department of Health and Human Services. OMB’s statistics on the percentage of all federal employees eligible for remote work who actually work remotely is in the post.
So why does Trump want people back in the office? The end game may actually be to get federal workers to quit, thus either opening up positions that can be filled by political loyalists or trimming the workforce size (or both). What Musk, head of DOGE (see our 2/23/2025 post on this), chimed in on this in a Wall Street Journal opinion piece that is discussed in the post.
But there may be a large problem if agencies engage in a large number of firings or layoffs – fully staffed agencies will be needed to execute Trump’s agenda (including those large items noted in the post). So there might be a choice to make.
What about those employees who don’t return in person? Can they be fired? The president and agency heads have broad authority to fire non-union workers for cause (how that relates might apply here is in the post). But federal employees must be given at least 30 days’ advance written notice that they are being fired along with an explanation of the reason for termination and an opportunity to respond. Those who are terminated can bring charges before the Merit Systems Protection Board seeking reinstatement (but that might not be as good an avenue as it has been – again see our 2/23/2025 post on this issue). MSPB decisions are binding unless overruled by a federal appeals court.
TAKEAWAY: The caveat in this EO may be the tail that wags the dog – we can only let this play out in the workplace and in the courts to know its legality and effects.
The post on Wednesday 2/26/2025 noted that former condo president wanted for theft and fraud. Where were the checks and balances here?! Julius Bruggeman, a 76-year-old former resident, is wanted on charges of grand theft, organized scheme to defraud, and racketeering. The charges came after an investigation into allegations that he misappropriated about $1 million from a local condo association over a decade.
The investigation started on April 23, 2024, when Detective Weaver of the Sheriff’s Office Financial Crimes Unit received complaints from residents of the condo complex. They alleged that Bruggeman, who served as the condo association president and manager (DOES ANYONE SEE A PROBLEM WITH THESE DUAL HATS?!) was embezzling funds from the association’s bank accounts. A preliminary investigation confirmed the suspicions so search warrants were executed on May 1, 2024. The targets of the two warrants are noted in the post. Detectives seized multiple documents under one warrant, but Bruggeman’s residence was found empty. What the detectives were told about that is in the post.
The seven-month investigation revealed Bruggeman’s near-total control over the association’s finances (AGAIN, DUAL HAT PROBLEM!!). He allegedly put friends on the association board and used association funds to purchase health care policies for them. The condo association consists of about 150 units and had bank accounts with a monthly balance exceeding $700,000. What Bruggeman did with those accounts is in the post. Bruggeman was paid a salary averaging around $70,000 annually, but he supplemented those wages. What he bought, at what cost, and from what funding source is all described in the post. And he also devised a scheme to use association funds for repairs and purchases for unit owners, then collected payments without reimbursing the association.
While evidence supports Bruggeman’s misappropriated of about $1 million over ten years, charges could only be filed for crimes within the last 36 months due to statutes of limitation and missing documents from earlier years. And what did a financial audit show and with what impact for owners? See the post.
Board members whose health care was funded by Bruggeman (with association funds) returned the money during the investigation. And the state fined the association $20,000 for allowing the mismanagement to occur. (QUERY: on the one hand, given Bruggeman’s control, did the association “let it happen”? On the other hand, the association should never have let him have that much control.)
Where is Bruggeman now? See the post (and provide any information that could aid in his capture to Detective Weaver at wweaver@volusiasheriff.gov or 386-860-7030 ext. 20126).
TAKEAWAY: All community associations must have in place checks and balances so that anyone with access to association funds – Board members, officers, management agents – has at least one other person checking on what is being done with the funds. Put in place such a policy/process with assistance from a community association lawyer.
In the post on Thursday 2/27/2025, we talked about retail and residential in a condominium building: can both survive peacefully? At the moment, not for the association in the post. (NOTE: there is also an embedded VID.)
A Center City Philadelphia restaurant owner says she has faced harassment since she opened her business. Shakeira Turner opened Chubby Chicks Cafe on Walnut Street a little over two months ago, an expansion from a smaller space in New Jersey. What she said is in the post. But she says that almost immediately harassment began, including a sign being stolen, coffee poured under her door, and more as listed in the post. While it is unknown who is responsible, Turner says her upstairs neighbors, residents of a condo building, have complained to her landlord about her business.
A local news program reached out to the condo association for a response. Their lawyer issued a statement that (in part) is in the post. The attorney also said that while the association values the addition of Chubby Chicks to the condominium’s commercial space, the challenge is when activities of an establishment cause disruption to residents who live near it. The association’s attorney also discussed Turner allegations as to condo residents’ complains about her music – see the post. Turner’s lawyer also weighed in – and yes, that too is in the post.
Both Turner and the association’s lawyer are hopeful for an amicable resolution. What Turner said of neighboring businesses, and what she did as a result, is in the post. And the condo association followed suit (yep, see the post).
The full statements from attorneys for both Turner and the condo association are in the post.
TAKEAWAY: most associations are either fully residential or fully commercial, but some contain elements of both, and that’s where the rub can come in. Harmony takes good governance and good neighbors to make it work well. Community association lawyers can help if necessary.
The post on Friday 2/28/2025 was an alert that Trump announced that Andrea Lucas will lead the EEOC (and what that can mean for your workplace). This was an accidental double (of our 2/24/2025 post) – but the impact of this action is expected to be quick and broad so it may well be worthy of 2 posts. Read our 2/24/2025 post too as the content is not the same as here. Rather than repeating everything, we note that Lucas’s appointment will bring big lawsuits. She will make changes to an agency that enforces so many civil rights statues (see the post) that touch so many people that even a small change will be felt far and wide. First, Lucas prioritizes individual rights over group rights. Disparate impact claims will get less emphasis and background circumstances may get no consideration depending on the Supreme Court’s decision in a case in which it heard oral argument on February 26 (see the post). Further, the Lucas-led EEOC will focus on sex-based rights, not gender identity-based rights. That dovetails with an EO signed by Trump as to new US policy (the language of which is in the post). The only thing that is pretty definite is that there will be lawsuits. Given the uncertainty of the landscape, employers must keep their heads and seats on swivel. A few potential tips for employers to consider are in the post.
TAKEAWAY: know the law, even as it may change day to day, and how to implement it in your workplace. Keep your employment lawyer on speed dial.
Finally, in the post yesterday 3/1/2025, we talked about ADA website accessibility – how to avoid lawsuits. Website compliance with the Americans with Disabilities Act (ADA) is tricky. Many (small?) businesses are unaware that their websites must comply with the ADA. But with more ADA lawsuits being filed each year, it’s important to take steps to minimize liability.
Congress enacted the ADA in 1990 to eliminate disability-based discrimination. It does that in three parts: Employment, Public Services, and Public Accommodations and Services by Private Entities. Details on to whom each part applies, what is covered and required, and statutory references are all in the post.
A continuing question is whether the ADA applies to websites. Because the ADA was enacted prior to the internet boom, it has not been clear whether a website is a “place of public accommodation” under the ADA. Some federal courts have held that a place of public accommodation refers only to physical places, such as brick-and-mortar establishments. Other courts have disagreed, with their holding and rationale in the post. While the U.S. Supreme Court has not yet weighed in, the recent trend from Department of Justice (DOJ) guidance and the courts is to include business websites in the ADA’s reach.
So what does that mean? It is recommended that businesses, especially small businesses, make their websites accessible to those with disabilities.Support for that lies in ADA case law – see the post.
So what is an ADA-compliant website? In 2024, DOJ issued a final rule requiring all public entities under Part 2 of the ADA (Public Services) to comply with the Web Content Accessibility Guidelines Version 2.1 Level AA (WCAG 2.1AA). Even though the final rule applies only to public entities and public transportation under Part 2 of the ADA, the government’s identification of WCAG 2.1AA as the proper standard for ADA website compliance offers insight into what courts might use as a benchmark for private entities under Part 3 (Public Accommodations) of the ADA. So look to WCAG 2.1AA guidelines for your website.
The WCAG 2.1AA Guidelines identify 4 criteria for website compliance, Perceivable, Operable, Understandable, and Robust. Summaries of each of those is in the post. A link to the full list of requirements also is in the post.
So where does someone wanting to ensure website compliance start? There are some resources out there. First, the Web Accessibility Initiative (WAI) is the body responsible for creating the WCAG 2.1AA guidelines. WAI provides many helpful resources that small businesses (and others) can use in starting their website updates. First up is a review of WAI’s Evaluating Web Accessibility Overview. What that page contains is in the post. Then one should go to WAI’s Easy Checks – A First Review of Web Accessibility (again, its content is in the post) and its Web Accessibility Evaluation Tools List (ditto).
TAKEAWAY: Don’t ignore this until it’s too late – start working on website compliance now while there is time to make adjustments without legal penalty. Get a website compliance expert to assist you.
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