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Human Resource Updates

April 16, 2012

*** What does the term "unlawful harassment" mean in the workplace?  Essentially, this phrase means that no one must live with an unwelcome job environment in which you are treated with language or conduct that demeans you.  But - and this is legally crucial - for that demeaning conduct or language to be legally wrong it must fall within a legally protected zone.  Such zones may include gender, race, age, disability status, national origin or religion.  And keep in mind, the treatment may affect you in an unlawful sense even if you are in the 'majority' for that type of thing.  So, for example, a male may be subjected to unlawfully harassing mistreatment by another male, or by a female. 

 

*** A common inquiry we field relates to an Employer's ability to require its employees to sign papers that it hands to them that may have legal consequences.   For example, a written performance appraisal, written warning, or the like.   There is no specific legal "right" that an employee possesses to refuse to sign such documents.  In other words, it is possible to be fired for refusing to sign these items.  In our experience, though, an employee is rarely fired for refusing to sign these types of documents.  A safer approach might be to add the words "under protest" or "all rights reserved" by one's signature on such documents.

 

*** The recent enactment by Congress of a Health Care bill provides that adult children through the date of their 26th birthday are eligible for health-care coverage as a dependent on a parent's employer-provided health insurance plan (unless the adult child is married).  This element of Health Care reform is one of the first aspects of the legislation to become legally effective.  Individuals now eligible may effectively supplement their own coverages with that of their parent.  For example, if the parent has coverage that extends to a family dental plan that the adult offspring lacks in his/her own coverage, the adult child may be added to the parent's policy for this purpose.

 

*** Many, many people are unaware that their right to take a leave of absence due to their physical or emotional health is not subject to an employer's pre-approval.  In other words, the law in this area does not require that one have your employer's permission before taking a leave of absence.  Frequently, we counsel our clients to unilaterally place themselves in a leave status if their emotional, or physical, well-being is at stake in the workplace.  The laws which protect employees in this regard include the Family Medical Leave Act, and additionally the Americans with Disabilities Act.  Depending on the particular state of employment, that state's laws may offer additional protections as well.

 

***  The reach of the Americans with Disabilities Act ("ADA") was extended back to its originally intended status as of January 1, 2009.  The changes to the ADA liberalize certain aspects of the Disabilities Act, by increasing the variety and types of disabling conditions protected by the statute.  For example, conditions that are otherwise treatable, such as diabetes, are now explicitly covered by the ADA in the workplace.   This was not the case previously, in light of certain Supreme Court decisions.  Now, if you have a condition, be it physical or emotional, that substantially impairs any life activity (these include sleeping and concentrating - as well as more traditional categories such as hearing/seeing/walking/etc.), then the ADA may apply to you and your employer must afford you reasonable accommodation for your condition.  The ADA may also provide one with the ability to step away from the workplace with a leave of absence if stress/anxiety/depression are interfering with your ability to work effectively.

 

***  Is HARASSMENT or any other MISTREATMENT at work a concern of yours?  The Courts have issued many decisions on such matters.  The most important thing to do if you feel harassed at work is to register a complaint, preferably in writing, at a level of management which is ABOVE the level of the person(s) doing the harassment.  It is best to make the complaint in writing, include all relevant facts, and KEEP A COPY OF YOUR COMPLAINT.  We can offer you a helping hand with a harassment problem in the workplace.