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ICYMI: Our Social Media Posts This Week – Feb. 11-17, 2018

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 2/11/18 we asked: can homeowners prevent neighbors from installing security cameras? Questions like this become ever more important as the number of people living in planned communities (single-family, detached homes or attached townhouses or condominium buildings) continues to increase. Do you want your neighbors "spying" on you? Do you want to 'spy" on your neighbors? The easy answer is probably yes (possibly after approval by the association). But then there are constitutional (privacy) issues that crop up. The post talks about some of these concerns.

TAKEAWAY: If you want to install a security camera pointed at a neighbor's house, or if a neighbor has installed one pointed at your house, contact an attorney to ensure all is legal.

The post on Monday 2/12/18 told us an employer paid $85K to settle a transplant recipient's ADA leave claims. So what happened? The employer, an inpatient and outpatient healthcare services provider (so you'd think it would be a bit more up on this!), granted leave for the employee's liver transplant surgery. Then the employee asked for additional time off. See the post for the employer's actions.

TAKEAWAY: Reasonable accommodation under the ADA may require leave in excess of 12 weeks under the FMLA. Remember to look at them in tandem.

In the post on Tuesday 2/13/18 we saw that a failure to promote and low pay increase were not due to an EEOC charge. At least according to the federal court. The Plaintiff was hired as a legal secretary in 1995 and was shortly promoted to managing editor. About 15 years later, her job responsibilities and pay had both increased. She asked that for certain changes (see the post). Her request was denied but she got good evals and raises. A few years later she got a new supervisor; she also asked again and was again denied. She then claimed the supervisor has discriminating and retaliated against her (the bases are in the post). She lost. The court's reasoning is in the post.

TAKEAWAY: Documentation – of uniformity and discipline – can be key to any claim or suit.

The post on Wednesday 2/14/18 was a Valentine's Day wish – and a reminder about the holiday in the workplace.

TAKEAWAY: Holidays do not trump workplace polices – make sure to evenly enforce them.

In the post on Thursday 2/15/18 we asked: what can an association do about an owner's disruptive tenant (and what would happen in your Association)? Yep, planned community life. So what happens if a tenant (assuming rentals are allowed) isn't following the Governing Documents? The post gives the answer under IL law, but it should be the same under PA law (barring anything to the contrary in the individual association's Governing Documents).

TAKEAWAY: Know what rights and obligations owners and the association have in a planned community – contact an attorney with experience in these matters (you can find one at www.cai-padelval.org ).

The post on Friday 2/16/18 noted that the EEO poster violation penalty has increased to $545. Do it right. Hopefully you already know this, but every employer covered by Title VII, the ADA, or GINA must post certain notices in a common area where workers normally congregate. For the information to be covered, and other tips, see the post.

TAKEAWAY: Don't needlessly subject yourself to a penalty – post the notice as required.

Finally, in the post yesterday 2/17/18 we noted that the interplay of the FMLA and ADA precludes automatic termination after FMLA leave. You know the FMLA guarantees an eligible employee up to 12 weeks of unpaid, job-protected leave. But do you know what happens if the person asks for additional time when the FMLA leave expires? (You do if you read our post from earlier this week!). See the post for the answer

TAKEAWAY: We (almost) started and ended the week talking about the ADA and FMLA. It is important: know how they interact and get legal help if necessary.

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