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Hostile Work Environment

What does the coronavirus mean for my job?

March 11, 2020 by Robert A. Klingler, Attorney

The Coronavirus or “COVID-19” outbreak has many people worried, and for good reason.  It is spreading rapidly and it may soon affect your community, your workplace, and your family. The last thing you want to worry about when the virus hits is what it might mean for your job.  But it’s time to start thinking about it.

What if you are diagnosed with the coronavirus? Obviously, you cannot go to work.  But if you are an hourly employee without union protection, you are most likely “at will,” which means your employer may be able to terminate you for not showing up, even if you’re sick. There are discussions underway right now about giving workers protection from missing paychecks if they or their family become sick, or if workplaces have to shut down.  Things are evolving rapidly.

Here are some things you should know:

  • If your employer has 50 or more employees working within a 75-mile radius of your workplace, and if you’ve worked for the employer for at least 12 months for at least 1250 hours during that time, you are protected by the Family and Medical Leave Act (FMLA), which gives you up to 12 weeks off of work (unpaid) for your own illness or that of a family member. Employers with fewer than 50 employees can voluntarily provide the same protection if they choose to.
  • If you suspect you have been exposed to the virus you should be tested immediately and let your employer know. Inform your boss or Human Resources contact of your situation and suggest that you should stay away from work until the test results are available.  Any responsible employer should agree to let you do that without getting points or being disciplined in any way.  However, you may have to use your own PTO or vacation time if you want to be paid for the time you miss.
  • Your employer will want to see a doctor’s statement saying you have been diagnosed or at least tested for the disease to excuse you from missing work. Some employers may loosen their normal rules in order to discourage workers from coming to work sick, and every employer would be well-advised to do so.  But at this time, there are no special rules or protections in place to protect you from being made to come to work even if you are afraid you might be exposed to the virus. Your employer may expect you to come to work even if you aren’t feeling well, unless you have a doctor’s note stating you are sick.
  • Even if you aren’t sick, don’t be surprised if your workplace, or even your city, is shut-down to prevent the spread of the virus.
  • The most important things you can do to prevent getting or spreading the virus are:
  • Avoid close contact with people who are sick
  • Avoid touching your eyes, nose, and mouth
  • Stay home when you are sick
  • Cover your cough or sneeze with a tissue, then throw the tissue in the trash.
  • Clean and disinfect frequently touched objects and surfaces suing a regular household cleaning spray or wipe.

See: https://www.cdc.gov/coronavirus/2019-ncov/about/prevention-treatment.html

What’s next?

Unfortunately, many of us can expect to experience a disruption of our normal routines as the coronavirus spreads.  With cooperation between workers and employers, we can hope to minimize the financial disruption caused by missing work due to illness.  Follow your employer’s rules for calling off sick, staying in touch, providing doctors’ statements, and filling out FMLA paperwork, and be sure to understand your employer’s expectations.  If you believe you were unfairly disciplined or targeted because you were exposed to or contracted COVID-19, don’t hesitate to contact an employment lawyer for advice.

 

Filed Under: Blog, Employment Law, Hostile Work Environment

Me Too! — You Too?

March 10, 2020 by Robert A. Klingler, Attorney

The “me too” movement already feels like old news, but it is in full swing and its repercussions have not yet been completely felt.

What does this phenomenon mean for employment law, and for employees specifically?

One thing is certain—there is a new openness and sensitivity to the claims of women who have been assaulted, harassed, or treated unfairly in any way based on sex or gender.  For publicly traded or otherwise high-profile companies, being accused of being insensitive or unresponsive to complaints of harassment is too great to risk to bear, and the company will often determine that conduct a woman found offensive is grounds for discipline up to and including termination.  A person in one of those companies accused of inappropriate behavior will experience no sympathy from management and no protection from the law.

Here is the legal dilemma for employers: failure to take appropriate action to investigate and stop sexual harassment may lead to a lawsuit and an award of damages against the company.  But disciplining an alleged harasser—even without solid proof that the harassment actually occurred or was sufficiently severe to constitute sexual harassment under current law—presents no serious legal threat to the company.  That is because the accused has no effective legal protection against false accusations as far as employment is concerned.  Since most employees are “at will,” meaning they can be fired at any time for any reason (as long as it’s not an illegal discriminatory reason), the employer does not need proof of misconduct in order to terminate.  If the employer wants to side with the accuser for whatever reason, whether because of solid evidence or because of fear of appearing insensitive or politically incorrect, the accused employee has no protection and no legal recourse.

In the aftermath of decades and centuries of women not being believed, and being expected to put up with all kinds of harassment and denigration, it is high time that their complaints are starting to be taken seriously.  While it may be inevitable that false or exaggerated claims of harassment and misconduct will be made, those are often sorted out in the workplace where there are no other witnesses, it is strictly “he said, she said,” and the accusation simply cannot be corroborated by other evidence.  In those situations, an employer will be reluctant to simply accept the accuser’s word, in the face of a strong denial by the accused.

The more usual scenario, however, is where a man admits to making some comment, or taking some action like touching or looking, that he thought was completely innocent and acceptable, but that the woman found offensive or inappropriate.  In those instances, the Human Resources manager will tend to take the side of the offended woman and accept the interpretation that the behavior was inappropriate.  Depending on the specifics, the man may find himself transferred, demoted, or fired.

It is clear that sexual harassment in the workplace is taken more seriously now than ever before.

A woman who feels harassed or demeaned or discounted at work because of her sex should not hesitate to raise the issue with the appropriate supervisor or HR professional.  She is protected under the law from retaliation for raising such concerns.  If she complains about harassment and is retaliated against in any way for doing so, she has a good claim and should contact a lawyer.  And men must realize that what was acceptable just a few years ago is no longer okay.  If this hasn’t yet hit home with you, then you’re not paying attention.  It can be a costly lesson to learn.  If you find yourself on the wrong side of a harassment complaint, you will have no legal protection.  You can only hope your employer will give you a chance to learn from your mistake.  But don’t count on it.

Filed Under: Blog, Hostile Work Environment, Sexual Harassment

U.S. Supreme Court Narrows Definition of “Supervisor” in Title VII Cases

October 21, 2013 by Robert Klingler

Last June, the Supreme Court narrowed the definition of supervisors to employees with the authority to hire and fire.

In Vance v. Ball State University, the Supreme Court narrowed the circumstances under which an employer may be liable for workplace sexual harassment. This case will affect the way Ohio and Cincinnati sexual harassment lawyers evaluate cases. [Read more…] about U.S. Supreme Court Narrows Definition of “Supervisor” in Title VII Cases

Filed Under: Employment Law, Hostile Work Environment, Sexual Harassment

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    • Home
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