Are there any laws around a supervisor or manager telling others the reason for an employee being out on leave? Does the answer change if the employee isn't using sick time, but [has] disclosed why they were unavailable for additional hours during non-contract time?
Here are the state and federal laws specifically barring an employer from disclosing why an employee is out on sick or personal leave.[1]
Sometimes, people nap in the library, particularly people who we believe might not have stable or sufficient housing. We feel that a library should not exclude people who need a secure place to rest, so long as there is no interference with library operations, but are there any legal considerations to this issue?
This is a VERY sensitive issue. There are many factors that could contribute to a person sleeping in a public space, including:
My institution subscribes to the "Kurzweil Reading Program", a "Text-to-Speech" product for those with reading impairments (dyslexia, English language learners, blind/vision impaired, etc.)
Section 121 indicates these users are "eligible persons" for "fair use", but others, without such disabilities could use the program (like an audiobook in the car!).
This question reflects the level of savvy "Ask the Lawyer" readers bring to their submissions. The member submitting the question has already set out (in a manner much more succinct than I usually achieve) the interplay of:
We were asked about signage to post over the copier at a schools where educational materials are copied. Below is some template language with footnotes explaining why they say what they do. Of course, before posting in your school or library, check with your lawyer!
MAKING A COPY ON THIS MACHINE
MAY BE SUBJECT TO THE COPYRIGHT LAW OF THE UNITED STATES
This means 4 important things:
1. Copying a copyright-protected work here could be a copyright violation[1].
We were asked about signage to post over the public copier at a libraries open to the public. Below is some template language with footnotes explaining why they say what they do. Of course, before posting in your school or library, check with your lawyer!
MAKING A COPY ON THIS MACHINE
MAY BE SUBJECT TO THE COPYRIGHT LAW OF THE UNITED STATES[1]
This means 4 important things:
In the RAQ you provided an answer about vaccine requirements for new hires. What about performers or presenters we hire to come into the library, especially to work with children? Are we allowed to ask/require proof of vaccination status before signing a contract?
Can we require new hires at the library to be vaccinated, and if so, how should we word this on the job application, and how are we allowed to ask for proof of vaccination? What if the new hire is not vaccinated because of religious reasons. If the library requires those who are not vaccinated to get COVID tested weekly, does the library have to pay for those tests?
Underlying all these highly specific questions is one Big Question: Can employers require vaccination?
How long can an association library (or other private museum or archive) hold open a job while an employee is out on disability due to a work-related injury?
Before answering this question, I have one over-arching comment: the member who sent this inquiry was wise to submit the question when they did; it is not the type of question to be handled without the input of a pro.[1]
We had a patron come in this past week who said that he couldn't see well and also couldn't type or use a mouse, but he needed to certify Unemployment Insurance. He asked the staff member to login with his username and password and do this for him, and the staff member was, understandably, uncomfortable doing it.
At first glance, this question seems simple: what are the possible legal risks to a librarian helping a patron fill out a legal document?
But within this question lies another, slightly more complex issue: when does good customer service become an accommodation for a disability?
Some of my member libraries have questions about the new Gender Neutral Bathroom Legislation:
1) Type of signage required to be placed on or near the bathroom door. That is, does the sign have to specify "gender neutral", or, is "bathroom" ok. Also, can one use a sign that uses symbols (male, female, ADA) rather than sex?
Above all, "Ask the Lawyer" strives to provide useful, plain-language legal information and analysis for the members of New York's regional library councils.
So before I delve into the background, legal analysis, and compliance tips I would like to offer in response to these questions, here are some useful, plain-language answers:
