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Blog 2019-04-30T12:35:28-04:00

Welcome to the FDAR Blog!

We are committed to providing excellent service to our clients in a down-to-earth style that is unique to FDAR.  Our hope is that this blog will provide valuable insights that help you in the day-to-day operation of your organization.  Our team of attorneys will write about legal topics that are important to our clients in layman’s terms.  Please check back often for new blog topics!

Appearance Policies… Do You Need to Review Yours???

Last month, a Sheriff’s Office in Ohio received national attention for terminating an officer who obtained a hand tattoo reading “PURE EVIL” in violation of the department’s policy. There, the Sheriff’s Office had a long-standing policy prohibiting any tattoos on an employee’s face, neck, and hands, as well as a policy requiring officers to promote a professional and neutral image on the job. The employer concluded the officer’s PURE EVIL hand tattoo was a permanent and ongoing policy violation, and the officer was unwilling to remove the tattoo. Ultimately, the officer’s employment was terminated. This situation has led both public and private sector employers to review and assess their appearance policies. The following blog will discuss the various components of [...]

July 28th, 2022|blog, Homepage News|

Addressing Anonymous Harassment

Unfortunately, harassment and discrimination can occur in the workplace, regardless of how strong an employer’s policies are or how frequently training is offered. Occasionally it is clear who the perpetrator of such harassment and discriminatory practices is, but at times such practices may arise from an unknown source. The Sixth Circuit’s recent decision in Burns v. Berry Global sets forth a great outline for employers addressing harassment and discriminatory practices from undetermined sources, including an employer’s obligations to investigate and mitigate such treatment.   Background The employee in Burns v. Berry Global, Mr. Burns, a black man, was hired by Berry Global in January 2018 to work as a night shift maintenance technician. Less than a year into his employment, [...]

May 12th, 2022|blog|

The Next Supreme Court Justice Will be a Black Woman, What About Your New Manager?

On January 27, 2022, President Biden announced that the next justice nominated to the US Supreme Court will be a black woman. The President’s announcement left many questioning whether his appointment violates Title VII of the Civil Rights Act, which prohibits race and sex-based employment decisions. However, the protections provided in Title VII only extend to covered employers and employment-related decisions, and not to judicial or other appointments. So, while the President can guarantee the next Supreme Court justice will be a black woman, employers cannot set forth race or sex-based requirements for hiring or promotion decisions. Such race-based or sex-based decisions are discriminatory in and of themselves. But this leaves many employers wondering – how do I increase diversity [...]

February 9th, 2022|blog, Latest News|

Turkey Troubles

The holidays are a wonderful time to gather with friends and family, give thanks, and of course, feast on turkey. But these joyous festivities occasionally result in attendance and performance issues in even the most exemplary employees. The following blog will address common employment concerns that arise during the holiday season and tips for addressing them. Sick Leave Abuse After a holiday, and especially the Friday after Thanksgiving, it is not uncommon for employees to call in sick. Calling in sick may have been the employee’s plan all along or occur to them Friday morning as the gravy grumbles set in. Regardless of the motivation, sick leave abuse is a serious policy violation and warrants a response from management. However, [...]

November 17th, 2021|blog|

Keeping Track of Record Keeping Requirements

Throughout the nation, public and private employers alike are instituting voluntary and mandatory vaccination policies for their employees. Many of these policies require proof of vaccination. The following blog will address the responsibilities and limitations employers face when collecting, maintaining, and using an employee’s COVID-19 vaccination records. May Employers Collect Employee Vaccination Records? Yes, both public and private employers are permitted to collect medical records or other information demonstrating that an employee has been fully vaccinated for COVID-19. Employers may similarly require employees sign a HIPAA authorization form to gain access to the employee’s vaccination records. Additionally, employers do not violate the Genetic Information Nondiscrimination Act (“GINA”) when they offer an incentive to employees to provide documentation or other confirmation [...]

October 18th, 2021|blog, Homepage News|

Discrimination Head to Toe

Introduction With employees returning to the office from home, appearance and dress code policies have once again taken the spotlight. Some employees may be more accustomed to casual dress or seek to express themselves with a different appearance than they did prior to the pandemic. While employers may institute policies for appearances and dress codes generally, it is important to be mindful of potential areas where discrimination claims may arise. This blog article will cover new, upcoming, and anticipated changes in discrimination laws regarding hair care, dress codes, and sex stereotyping policies. Hair Care & Appearance Policies Unfortunately, hair discrimination is not new. Minorities, especially African American women, have been sent home from work for their hair appearance. Even where [...]

September 15th, 2021|blog, Homepage News|

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