Now that the new year is upon us, it’s time to reflect on 2013, and to set goals for 2014. When I look back at 2013, I can’t help but think that so many employment discrimination cases come from very similar fact patterns. With that in mind, I offer a few suggested “New Year’s workplace resolutions” to help Cleveland employees avoid becoming a victim of employment discrimination in 2014:
1) I will report sexual harassment and other forms of discrimination when I see it. We have written extensively about the reasons why Cleveland employees must report sexual harassment. But to put it very simply: it won’t stop unless you report it; you’re protected if you do; and the employer will have a strong defense if you don’t. The best option is to complain in writing, and keep a copy for yourself, so the employer can’t later deny you complained.
2) I will prepare for the worst and learn about my right to medical leave. The time to figure out whether you are entitled to job-protected sick leave is not when you get sick. By then, you might be in no shape to deal with human resources or start digging for a copy of the employee handbook. Take a few minutes to figure out if your employer offers FMLA leave and what your employer’s sick leave policies are. You might also spend a minute or two learning about reasonable accommodations under the disability discrimination laws.
3) I will stop posting about my job on Facebook. If you do a quick Google search for “employee fired because of Facebook” you get over 41,000,000 results. That’s not to say millions of employees have been fired because of something they posted on Facebook, but there are lots of employees who have been. With a very few exceptions—like concerted activity under the National Labor Relations Act and maybe opposing unlawful employment discrimination—you can be fired for posting something on Facebook. This is a particular danger for employees on FMLA or medical leave. Think twice, or better yet three times, before posting something on Facebook that might get you fired.
These are just a few good rules of thumb for Cleveland-area employees to avoid employment discrimination and other workplace problems in 2014. So whether you work in Lorain County or Lake County, in Medina or Mayfield, use the start of a new year to think about your rights in the workplace. And if you want to hit the gym and lose a few pounds, that’s ok too.
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