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 1/16/2022 we saw that the resort hotel Sole Miami is to pay $99,000 to settle an EEOC religious discrimination lawsuit. So what happened? An employee needed Saturdays off due to religious beliefs. The hotel accommodated her for over ten months, without incident. Then a new super-visor arrived. Things changed then – see the post. Eventually she was fired (although the reason for which she was fired didn’t lead to termination for other employees as discussed in the post). She filed a charge and the EEOC eventually brought suit in federal court in 2021 when conciliation failed. How the employer’s actions violated Title VII is detailed in the post. The hotel agreed to much non-monetary relief too as part of the settlement, such as creating an anti-religious discrimi-nation policy, training management and HR personnel, and the other things noted in the post. It is also subject to EEOC oversight for 3 years.
TAKEAWAY: Providing an accommodation for religious reasons is still subject to the interactive process; taking away an accommodation that has been provided for a lengthy time is difficult and should only be done after consulting an employment lawyer.
The post on Monday 1/17/2022 told us a court says jury should weigh US Postal Service supervisor’s alleged intimidation. The federal court ruling came out in September 2021 in an Ohio case under the same federal law that applies in PA and around the country, so pay attention. Mitchell was a custodian for the USPS. In early 2017 USPS approved Mitchell’s request to take FMLA leave for her chronic back pain and to care for her autistic daughter. Mitchell used about 1000 hours of FMLA leave over about 4 years. She applied for promotions (detailed in the post) and was denied. She then filed claims of age, race and sex discrimination with the EEOC. At one point she asked why the promotions were denied. The response of one supervisor is in the post (and is pretty much telling and key). After filing the initial EEOC charge, her supervisor “raised her fist and said ‘hit your face against this’”. But wait, there’s more. What 2 other supervisors did to Mitchell after that is also in the post. When this action went to court, the judge ruled that there was no FMLA interference (per the analysis in the post which provides some good guidelines) but reversed relative to retaliation. The court noted that retaliation is broader than something affecting the terms and conditions of employment, but rather is an adverse action that dissuades someone from making or supporting a claim of discrimination. The court then analyzed the subject facts (in the post) to rule on that claim.
TAKEAWAY: Remember that the underlying discrimination claim need not be proven in order that a claim of retaliation be sustained; know the law and consult an employment lawyer.
The post on Tuesday 1/18/2022 taught that a candidate’s “Let’s go Brandon” Christmas lights led to standoff with homeowners’ association. Martin Hyde lives in an HOA. Hyde is also challenging a Trump-endorsed candidate in a primary this year. Hyde’s HOA did not like his political light display on his balcony this past Christmas. The HOA told him why he was in violation (see the post) and began to fine him $150/day for each day he remains in violation. Did Hyde know it was provocative? Absolutely. And how did he tie it to his campaign? See the post. And did he remove his light display? Nope – but what he did instead is in the post (and not surprising given his attitude). What is his defense to the violation? See the post.
TAKEAWAY: Yes politics exist in condo/homeowners’ associations! The Board (and community members) must deal with the politics but might need assistance from a lawyer well-versed in community association law.
The post on Wednesday 1/19/2022 was about a suit: Hostess fired a worker over a positive COVID test. Is this an ADA violation? Williams started experiencing COVID symptoms on January 19, 2021. She was sent home and HR told her to stay away from work for 10 days. A few days later she forwarded to Hostess her positive test results. On January 28th, while Williams was quarantining, her employment was terminated. The suit (filed December 8, 2021 in federal court in Georgia) alleges that she was fired because of disability (her COVID diagnosis), perceived disability, and her request for FMLA leave. Coincidentally, or ironically, the suit was filed less than one week before the EEOC issued updated Guidance (for which there is a link in the post) discussing when COVID is to be considered a disability under the ADA. Some of what is in the Guidance is also in the post, including an example of how COVID might be a disability under the ADA with one set of facts but not with another.
TAKEAWAY: As with all medical-related disabilities being examined under the ADA, it is an individualized assessment and will differ from person to person. Employers must know the process and follow it through – get legal assistance when needed.
In the post on Thursday 1/20/2022 we saw that a transgender woman settles with a gym over access. Yes, this is playing out in so many arenas. First, the facts. Christynne Wood is transgender. The gym in CA denied her access to the women’s locker room. The state sued the Crunch Fitness location on her behalf; the ACLU and others joined the suit. The settlement terms are noted in the post and are both monetary and non-monetary. Wood said she felt validated. And did she remain a gym member? See the post.
TAKEAWAY: Comfort falls to legal in this situation – business owners and all types of employers must know the law or suffer the consequences after a violation.
The post on Friday 1/21/2022 told us thieves stole a van, then upgraded it like a discount version of overhaulin’ (yes this is actually HOA/condo related). The author of the post detailed a saga with vehicles including a 2006 Ford E-350 van. When the author went to the airport for a flight lesson, it was noted that the van was missing. The author thought it might have been towed again. Hold on, here’s the HOA/condo connection! The author asserts that all of the issues with vehicles started when the association took action – what it did and why are in the post. Then the tow truck driver got into it. And why did the association get involved at all? Again see the post. So after the flight lesson the author found some parts from the van on the ground (signaling that it was not towed but stolen). The next day a neighbor said he knew the van’s location. How he knew is funny (for readers – see the post – but not for the author), and he did take the author to the location, a mere 200 feet from where it was stolen. In the same neighborhood. Then the thieves came out. What happened next is almost a comedy of errors and they were in process of upgrading it before selling it. The license plate? See the post. And just for the heck of it, keep reading the post to see how they were upgrading it. And wait for it, the helpful neighbor literally blew up his own car a few days later (a picture of it is in the post). The post does come back around to the association at the end, so keep reading.
TAKEAWAY: Planned community associations must ensure that they need to be involved in something before dipping a toe in the water; consulting an attorney versed in community association law is the smart way to go.
Finally, in the post yesterday 1/22/2022, we saw that Dollar Tree is to pay $50,000 to settle an EEOC disability discrimination suit. The company refused to hire a deaf applicant for a general warehouse associate position in June 2019. Who did it hire instead? See the post. A charge was filed and the EEOC ended up filing suit in 2020 when conciliation failed. Now the matter has settled. Dollar Tree will pay $50K to the applicant and is subject to EEOC oversight for 30 months to ensure that the non-monetary terms (detailed in the post) are fulfilled.
TAKEAWAY: Don’t take adverse action against employees or applicants based on a protected characteristic, especially if it is not job-related. The damage from the suit will not be helpful to your business.
York, Pennsylvania 17403