HOA Law Blog

Blog Post by David Swedelson and Sandra Gottlieb, Senior Partners at Swedelson & Gottlieb; Condo Lawyers and HOA Attorneys

SB 559 goes into effect on January 1, 2012 and expands the prohibited bases of discrimination under the Unruh Civil Rights Act and the California Fair Employment and Housing Act (FEHA) to include genetic information.

"Genetic information" is broadly defined, and includes information relating to an individual employee's genetic tests, the genetic tests of the employee's family members, and the manifestation of a disease or disorder in the employee's family members. Under the new law, discrimination in hiring or employment based on any of these characteristics would be considered a violation of law.

So, for example, you learn that a potential employee’s family has Tay-Sachs or Sickle-cell disease (and the list is long), not selecting for hire that candidate on the basis of their genetic propensity to have that disease could lead to a lawsuit for discrimination. Now more than ever it is important for Board members and Community Managers to carefully document interviewee files as to the interview, the process and why someone was not hired. Only by carefully documenting the interview and hiring process can you defend a frivolous claim or lawsuit later. Be careful out there.

By David Swedelson and Sandra Gottlieb, Condo Lawyers and HOA Attorneys, Senior Partners at SwedelsonGottlieb

On October 9, 2011, Governor Brown signed into law several new bills impacting California community associations as well as their managing agents who are employers. These new laws include the imposition of penalties for “willfully misclassifying” workers as independent contractors and the creation of a new definition of “gender” when interpreting California’s anti-discrimination statutes to include gender identity and transvestitism. Follow this link for a summary of some of the new laws that will have the biggest impact on California community associations and their management and vendors.

By Sandra L. Gottlieb, Esq.

Although the legal definition of what constitutes a “hostile work environment” is continually evolving, an employer has a general duty to protect its employees from a hostile work environment which can generally be defined as existing when an employee experiences ongoing workplace harassment and fears going to work because of the offensive, intimidating, or oppressive atmosphere generated by the harasser. Hostile work environments apply to community associations and their managing agents, whether they are directly employed by the association or through a management company. The harassers can be board members, owners, residents and even vendors. The association’s duty to provide a hostility-free work environment also extends to all association employees, and not just the manager(s), and to the employees of its vendors such as landscaping, maintenance and security personnel.

Continue reading "Watch Out for Hostile Work Environments" »