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An employer’s liability for sexual harassment under Title VII of the Civil Rights Act depends on whether the harasser is a supervisor. If the alleged harasser is the victim’s co-employee, the employer may have various defenses to liability. However, if the harasser is a supervisor, Title VII’s strict liability standard may be triggered and the employer may be left defenseless.

So, who is considered a supervisor under Title VII?

The Equal Employment Opportunity Commission (EEOC) sued United Airlines since disabled employees who could no longer do their jobs had to compete for vacant positions instead of being automatically reassigned. According to the EEOC, this practice violates the Americans with Disabilities Act (ADA).

When the EEOC made a similar argument to the Seventh Circuit Court of Appeals in 2000, the Court held that the ADA does not require an employer to reassign a disabled employee to a job for which there is a better applicant—provided it is the employer's consistent and honest policy to hire the best applicant for the particular job in question.

Undeterred, the EEOC again asked the Court to answer the same question. This time around, the EEOC got a different answer. More...

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During an emergency, decisions need to be made fast. There usually isn’t time to go “by the book.” This is why Florida’s Condominium Act authorizes association boards to exercise additional emergency powers More...

Employers who rely on job titles when determining whether an employee is exempt from federal overtime pay requirements risk being named as defendant in a wage and hour lawsuit.

Employers often assume that the Fair Labor Standards Act’s (FLSA’s) executive exemption automatically applies to any employee given the title of “manager.” The reality, however, is that the manager title has virtually nothing to do with whether an employee qualifies for the executive exemption. More...

For Board Member education as defined by the State of Florida, Click Here.
For Community Associtation Manager Continuing Education, Click Here.

It is virtually impossible to be effective at Condominium Governance when attention is diverted to 'problem' incidences that require significant resources to resolve. For this reason, proactive Governance is essential to effective Board Leadership and the peaceful coexistence of residents within a community association.

The following tips are a 'must read' for Board Members who want to limit conflict and enjoy their lives as community leaders: More...