Blog, Employment Law
Tips For Welcoming Transgender Employees
The exact scope and coverage of workplace legal protections for transgendered individuals isn’t entirely settled. But as a practical matter, employers are wise to treat transgender status the same as race, age, and other “traditional” protected statuses. Why? Many reasons, but here’s two: kindness and respect towards individuals makes good HR and business sense, AND employees who feel protected and respected are far less likely to bring legal claims (with all the attendant cost, angst, and disruption). Here are some specific pointers for creating a professional work environment for transgendered or transitioning employees. Use Individual’s Preferred/Chosen Names And Pronouns – The occasional inadvertent slip may happen. But as a matter of effort and practice, strive to call everyone by their name and use pronouns that match the gender with which they identify. Avoid Excessively Personal Questions – If you wouldn’t ask it of a traditional or “cis-gendered” person (e., someone whose gender identity and expression match the biological gender of their birth), don’t ask it of a transgendered or transitioning employee. Don’t Discuss Coworkers’ Personal Business Behind Their Backs – Good advice for all But especially when it comes to employee sexual orientation or gender identity, employers should never intentionally “out” anyone (and should strive mightily to avoid doing so unintentionally too)! Know The Restroom Rules – OSHA requires that all have access to restrooms that correspond to their gender identity, and both OSHA and EEOC forbid “segregating” transgendered individuals or requiring them to use specific facilities. If you know or anticipate that non-transgender coworkers…
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You’ve got 70 year olds working alongside 19 year olds, what could possibly go wrong?
Check out this fascinating article on the research and practical implications of the fact that America – for the first time ever – has five separate generations sharing the same workplace. As the article emphasizes, stereotypical assumptions about any particular generation are rarely helpful. And as we’ve seen in our own experiences counseling clients, just about every manager (regardless of their generation or the generations they manage) can benefit from decreased reliance on electronic communications and increased focus on in-person, individualized messaging. For more food for thought, read the full article here.
Read MoreBlog, Construction Law
The Residential Renewable Energy Tax Credit is back!
The Residential Renewable Energy Tax Credit is back pursuant to the Congressional budget compromise reached last night. What this means for homeowners is that if you are considering upgrading your heating and cooling system to geothermal, you now could get up to a thirty percent federal income tax credit on the amount you spend. A phase-out of the credit will begin in 2020. Geothermal systems are expensive to install, and we always recommend hiring a lawyer prior to entering into any construction contract. For all your real estate legal needs, please contact Justin Leverton at jwl@kgrlaw.com
Read MoreBlog, Business Litigation, Environmental Law
Dismissal of Inverse Condemnation Pleadings Premature
A property owner’s inverse condemnation complaint against Duke Energy properly states a claim on its face, and the trial court’s dismissal pursuant to Indiana Trial Rule 12(B)(6) was erroneous, according to the Indiana Supreme Courts in Bellwether Properties, LLC v. Duke Energy Indiana, Inc. Plaintiff Bellwether owns real property in Bloomington on which Duke Energy has a recorded 10-foot wide utility easement. Bellwether filed an inverse condemnation claim against Duke in 2015, alleging Duke’s clearing and maintenance of a 23-foot wide swath of Bellwether’s property constituted an uncompensated taking for public use of the additional 13-foot wide portion of the property. Duke filed a motion to dismiss the claim under T.R. 12(B)(6), asserting that Duke was bound by a National Electrical Safety Code provision the Indiana Utility Regulatory Commission incorporated by reference in 2002. That safety code required the wider easement, and thus Duke asserted Bellwether’s 2015 claim was barred by the six year statute of limitations. The trial court granted Duke’s motion to dismiss on that basis, and Bellwether appealed. After the Indiana Court of Appeals reversed the trial court, Duke Energy sought transfer to the Indiana Supreme Court, which also reversed the trial court, but on other grounds. The Supreme Court noted dismissals based on a failure to state a claim must be based solely on the allegations contained in the complaint, and may not incorporate any defenses. The Court found Bellwether’s complaint on its face alleged only that Duke Energy “currently” uses a 23-foot easement, but not when that use started. As a…
Read MoreBlog, Employment Law
Personnel Decisions: Don’t We Have To Treat All Employees “The Same?”
No. You really don’t. Not in an absolute sense anyway. Under most equal employment opportunity or workplace civil rights laws, you need to treat similarly situated people similarly. That doesn’t mean “identical always in all ways.” Employees rightly expect consistency and everyone naturally feels that prior situations involving leave, discipline, termination, pay, etc. “set precedents.” So it’s wise to strive for consistency as a general goal. But there are plenty of legitimate and non-discriminatory reasons – including the passage of time and accompanying changes in business, financial, or other operational circumstances – that may justify treating one employee “differently” than you’ve treated others in the past. Of course, any reason(s) for “differential” treatment must be verifiably true, business-related, and unrelated to the employee’s legally protected status or conduct. In addition, such reasons should be well and carefully documented. While each situation is unique, here are some “differentiators” that may justify treating a given employee differently from others Temporary regular employee status The employee engaged in a different type or degree of misconduct compared to others (assaulting a coworker is different than tardiness!) Supervisor v. non-supervisory status (shouldn’t you hold leaders to a higher standard?) Intervening change in applicable policies/processes (preferably documented) Prior disciplinary history (or LACK thereof) In discharge/discipline decisions, strength (or lack) of evidence of policy violation or other wrongdoing In hire/promotion decisions, strength (or lack) of prior, relevant experience or education Materially different job duties, functions or expectations Other “mitigating” or “aggravating” factors Everyone wants and deserves to be treated “fairly,” but that doesn’t…
Read MoreBanking and Commercial Transactions, Blog
Mortgaged Property Sold at Tax Sale – What’s a Lender to do?
A lender’s priority in mortgaged commercial property can evaporate when the owner fails to pay property taxes. While a lender can preserve its mortgage interest in the property by insuring payment of the property taxes prior to a tax deed being given to a tax sale purchaser, it becomes progressively more expensive to preserve the lender’s interest. This article will go through the tax sale procedure in Indiana, review the notices that must be given to the property owner and the mortgage holder, and detail the timing and payment amounts that may be necessary to preserve the lender’s priority. The Tax Sale Statutes – Ind. Code 6-1.1-24-1 et. seq. The Indiana laws detailing how, when and where tax sales are held are contained in the Indiana Code starting at Ind. Code 6-1.1-21-1. That section states that the Treasurer of each county has a duty to certify to the county Auditor on or before June 30th of any given year any property taxes that are “delinquent”. Delinquent is defined in Ind. Code 6-1.1-37-10 as taxes not paid when due (normally May 10th (a “spring installment”) and November 10th (a “fall installment”)). Arguably that could mean that a property could be sold at tax sale for a single delinquent payment – even including the spring installment of the year that a tax sale is held. In practice however, most Indiana tax sales only seek to collect delinquent payments from previous years. A survey of Marion, Boone, Hamilton, and Vanderburgh counties, as well as most of the other counties…
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