KILLEN, GRIFFIN & FARRIMOND LAW FIRM OF THE MONTH AVOIDING ANTI- DISCRIMINATION LAWSUITS RELATED TO COVID-19 FORENSIC ACCOUNTANTS PROVIDE CRUCIAL HELP IN RESOLVING FINANCIAL DISPUTESFROM THE Publisher Ken Minniti PRESIDENT & CEO Howard LaGraffe VICE PRESIDENT Caitlin Keniston EDITOR Dale Lane SAN ANTONIO PUBLISHER Jaqueline Dávila GRAPHIC DESIGN Susan Cushing Veronica Jauregui ASSISTANT EDITOR Cesar Mejia, CPA, CFE Sarah Santos CONTRIBUTING EDITORS Ellen Cohen Mark Drew Adam D. Hebert CPL. Gabriela Garcia-Herrera CONTRIBUTING WRITERS Sterling Creative Photography PHOTOGRAPHY Attorney at Law Magazine is published by: Target Market Media Publications Inc. Welcome to the latest issue of Attorney at Law Magazine. You have no idea how good it is for me to type those words. As we all work to reinvent ourselves, times can be diffi- cult. For me and this publica- tion, the fight to stay viable has been an experience I will never forget. There were times over the past several months when I was not sure we could make it. My drive to continue fight- ing for survival came from the attorneys here in San Antonio as I observed their struggles. Their situations always appeared more dire and complicated than my own. It is powerful to pub- lish this magazine and be fueled by the very people who make this business viable. Our cover feature is an example of such fuel for me, and I hope it is for you. Killen, Griffin & Farrimond, PLLC launched as the pandemic was forcing the city to shut down. This team of superstars pictured on the cover stands in a power pose as if to say - Bring it on!! Enjoy the story. The educational content in this edition will serve to make you aware of specific issues that both you and your clients will deal with at some point. Please take time to read this content and reach out to the authors with questions or comments. We have included an inspirational story from our beloved USMC. I invite you to read this story of an attorney helping fel- low Marines. I am always interested in finding the next Attorney to feature in this publication! I want to tell the stories that make a differ- ence in our community. Your feedback is a vital part of finding the right story. Please take a moment to follow up with me with your comments and thoughts. Stay Strong - Stay Wise, Dale Lane PUBLISHER DLANE@TMMPUBLICATIONS.COM 210-859-1233 “A soft, easy life is not worth living, if it impairs the fibre of brain and heart and muscle. We must dare to be great; and we must realize that greatness is the fruit of toil and sacrifice and high courage...” – Theodore Roosevelt Copyright ©2020, Target Market Media all rights reserved. Reproduction in whole or part is strictly prohibited. Advertising rates on request. Bulk third class (standard) mail. Although every precaution is taken to ensure accuracy of published materials, Attorney at Law Magazine & Target Market Media cannot be held responsible for opinions expressed or facts supplied by authors. Corporate Office : 5828 North 7th Street, Suite 200 Phoenix, AZ 85014 Phone (480) 219-9716 www.tmmpublications.com • info@tmmpublications.com Northern Alabama | Atlanta | Chicago | Dallas | Ft. Lauderdale Jacksonville | Los Angeles | Miami | Minnesota North Carolina Triangle | Ohio | Philadelphia | Phoenix | San Antonio Salt Lake City | Middle Tennessee | Washington D.C. 4 ATTORNEY AT LAW MAGAZINE · SAN ANTONIO · VOL. 2 NO. 2TABLE OF Contents 12 CONTRIBUTING Editors CESAR MEJIA, CPA, CFE FORENSIC ACCOUNTING SARAH VARGAS LITIGATION 6 Avoiding Anti- Discrimination Lawsuits Related to COVID-19 By Sarah Santos 8 Attorney Practices Law to Help Fellow Marines By CPL Gabriela Garcia -Herrera 10 Forensic Accountants Provide Crucial Help In Resolving Financial Disputes By Cesar Mejia, CPA, CFE 12 Killen, Griffin & Farrimond Law Firm of the Month 19 Going Paperless in an Electronic Medical Records World By Adam D. Hebert 20 Consider All Options for Home Financing By Mark Drew 8 5Anti-discrimination laws, in- cluding Title VII of the Civil Rights Act of 1964, the Ameri- can with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, and the Genetic Infor- mation Nondiscrimination Act of 2008, serve to protect against work- place discrimination. Lawsuits are commonly filed by employees against employers who engage in discrimi- natory or retaliatory actions against employees in violation of these laws. But where does COVID-19 fit into these laws, if at all? Can an employ- er require that employees submit to temperature checks before physically entering the workplace? Can an em- ployer refuse to allow an employee to work if the employee refuses to submit a temperature check or to answer ques- tions related to their potential COVID-19 exposure? Is COVID-19 a disability under the American with Disabilities Act? If you are an employer or have a client who is an employer, you should know how to navigate through these and other unchartered issues in order to avoid being sued. In an effort to provide guidance on these and other questions, the U.S. Equal Employment Opportunity Commission released a webinar on March 27, 2020 and provided answers to questions submitted by the public about how to deal with COVID-19. In general, the EEOC has stated that all anti-discrimination laws continue to apply, but “do not interfere with or prevent employers from following CDC or state/local health authori- ties’ guidance” related to COVID-19. Below are some of the high level “dos and don’ts” and other important is- sues that the EEOC shared – but be- ware, these are based on the current situation and the answers provided may change as circumstances change: WHAT EMPLOYERS CAN DO: • Employers can ask employees that will be physically entering the workplace if they have COVID-19, symptoms associated with COV- ID-19, or whether they have been tested for COVID-19. • Employers can exclude from the workplace those employees with COVID-19 or associated symp- toms because their presence poses a direct threat to health or safety of other employees. • Employers can exclude from the workplace those employees who re- fuse to answer questions regarding their COVID-19 exposure or who refuse to have their temperature taken. • Employers can ask employees whether they have had contact with anyone diagnosed with COVID-19 or anyone with COVID-19 symp- toms. (However, asking an employ- ee about a family member’s medical Avoiding Anti-Discrimination Lawsuits Related to COVID-19 SARAH SANTOS | Litigation Sarah Santos is one of the founding partners at Davis & Santos, P.C. Sarah focuses her practice on banking litigation and other complex commercial litigation covering issues such as fiduciary disputes, cross-border litigation, internal investigations, and fraud-related investigations and litigation. Sarah represents financial institutions, businesses in diverse industries, and individuals in both federal and state courts throughout the State of Texas. For more informa- tion, visit www.dslawpc.com or call Sarah at (210) 853-5882. 6 ATTORNEY AT LAW MAGAZINE · SAN ANTONIO · VOL. 2 NO. 2conditions remains prohibited by GINA.) • Employers can inform appro- priate employer officials of the identity of an employee with COVID-19 in order to allow them to take action based on CDC and other public health guidance but must require that such officials keep such infor- mation strictly confidential. • Employers can notify public health authorities if one of their employees has COVID-19. WHAT EMPLOYERS CAN’T DO: • Employers can’t single out an employee to ask about COV- ID-19 or for temperature checks unless the employer has a rea- sonable belief based on objective evidence that this person has COVID-19. The EEOC stated that a persistent hacking cough may provide a reasonable basis, but the fact that an employee is distracted would not be reason- able basis. • Employers can’t broadly disclose an employee’s medical informa- tion (including COVID-19 re- lated information) within an organization. Even when an employer needs to inform cer- tain employees that they may have been in contact with an employee diagnosed with CO- VID-19, the name should not be disclosed. • Employers can’t exclude from the workplace (i.e. require tele- work or put on involuntary leave) persons 65 or older or pregnant women simply be- cause they are in a higher risk group identified by the CDC. • Employers can’t single out em- ployees based on national origin and exclude them from work- place due to concerns about possible COVID-19 transmis- sion. • Employers can’t ask employees who are teleworking COVID-19 related questions unless they are physically interacting with co- workers. OTHER IMPORTANT ISSUES: • The EEOC was unable to pro- vide an answer as to whether COVID-10 is or could be a dis- ability under the ADA, as there are many unknowns about the virus. • So long as employers treat all employees alike, employers have no obligation to grant an employee’s request to telework simply because they are 65 or older, pregnant, or in some other group identified as high- risk for COVID-19. If requests for telework, leave and other accommodations, however, are triggered from other ADA rights, employers can verify existence of disability, question the need and type of accom- modation being requested, and evaluate whether the accom- modation presents an undue hardship for the employer. • Employee is not entitled to re- quest an accommodation solely because employee lives in the same household with a high- risk person. • Although employers may have allowed teleworking as a tem- porary accommodation to slow or stop the spread of CO- VID-19, employers do not have grant telework as a reasonable accommodation to every em- ployee with a disability who wishes to continue this ar- rangement. The EEOC’s guidance is much appreciated in these novel areas, yet the remaining unknowns and everchanging landscape almost ensures litigation in the months and years ahead. For now, the best way employers can minimize risk of litigation based on COVID-19 is to closely monitor and follow guidance from the EEOC, CDC, and other public health authori- ties, and when feasible to main- tain as interactive and flexible of an approach as possible with its employees. So long as employers treat all employees alike, employers have no obligation to grant an employee’s request to telework simply because they are 65 or older, pregnant, or in some other group identified as high- risk for COVID-19.” 7Looking back, Marine Corps 1st. Lt. Peter Rush always knew his passions would lead him to seek out a legal profession. Growing up in the small town of Boerne, Texas, his desire to help others and perform his civil service are reflected in his current occu- pation as a Marine Corps Judge Advocate. Rush, a defense counsel with Legal Service Support Section, or LSSS, National Capital Region in Quantico, Virginia, said his favorite part about his current duties is getting to help Marines in complicated situations. “A lot of them are facing the worst time in their lives,” said Rush. “I’m the person that has the opportunity to help them get through that.” He defends them during court martial, administrative separations and board of inquiries. He helps Marines wade through administrative and military justice issues on a day-to-day basis. “It’s important because we’re the last line of defense for Marines ac- cused of committing a crime, or if their command wants to separate them from the Marine Corps,” said Rush. “We’re the people they come to, to fight back on [their] behalf.” Rush said he decided to study law to play towards his strengths and in doing so found his passion. “I was never somebody who was business-minded or interested in any sciences, said Rush. “I gravitated towards writing and arguing. It fit my strengths, and it was the step that made sense to me.” Rush attended Baylor University before continuing his education at the University of Texas Law program. He practiced civilian law for two years before commissioning into the Marine Corps. “[The Marine Corps] is definitely not for every- one. I wanted to join the Marine Corps because I wanted to be a Marine Of- ficer first and foremost,” said Rush. “I commis- sioned because I wanted to challenge myself in more ways than one. I didn’t just want to be an attorney, I wanted to be a Attorney Practices Law to Help Fellow Marines BY CPL GABRIELA GARCIA-HERRERA 8 ATTORNEY AT LAW MAGAZINE · SAN ANTONIO · VOL. 2 NO. 2Marine too. I think the Marine Corps is the only branch that allows you to take pride in your title as a Marine and as a defense attor- ney.” In order to become a Judge Advocate one would have to commission as an officer and graduate Officer Candidate School just like ev- ery other officer candidate. Following OCS is The Basic School, a six month program where Marine officers learn every aspect related to leading Marines. Once graduated from TBS, Marine lawyers go to the Naval Justice School in Rhode Island. Upon completing the NJS program, a billet is assigned. Graduates either become a defense counsel or are sent to be a trial counsel, per- forming all manner of tasks from serving as a prosecutor to helping Marines with their wills. Marine judge advocates are unique in the military. Rush said unlike other branches, Ma- rine judge advocates are seen as Marine offi- cers first. They have high standards as leaders and are expected to endure a lot of difficult training. “If you’re the type of person who wants to challenge yourself and wants to be a part of a team it’s probably a great place for you,” said Rush. “I think the Marine Corps is the only branch that gives you the same training as any other officer. You have go to Officer Candidate School and The Basic School just like everyone else. You get to interact with your peers, who are going to be infantry or logistic officers.” Rush said it’s important to learn from oth- ers and staying humble could help JAG law- yers thrive in this career. “There is a very steep learning curve, especially in defense because we are handling cases that really affect a Ma- rine’s future,” said Rush. “There’s a lot you have to learn when you’re helping a client out, so humility is really important. Just having the ability to admit when you don’t know some- thing and go to other people for help can help you grow in this field.” Though people are there to help you and give you a new perspective on your work, there isn’t a lot of hand-holding, Rush said. Marines are given responsibility as soon as they arrive from the NJS to their first duty station. “The Marine Corps is good about giving you work experience quickly,” said Rush. “There are people you can lean on, who can help you, but at the same time it’s common for you to be staffed on a court martial very quickly after graduat- ing from school.” Rush’s biggest chal- lenge was learning how to be a crimi- nal defense attorney quickly after coming from a background of civil litigation. He had to learn the ins and outs of the Uniform Code of Military Justice as well, which is unique. As he faced those challenges, thoughts of his mom inspired him to continue to strive to be a better attorney and a Marine. “She raised me and my sister as a single parent pretty much her whole life,” said Rush. “She passed away of brain cancer when I was in my last semester of law school. She was a person who overcame a lot of adversity in her life and she never let it affect her. She never let it affect her performance at work, or her parenting either. She was the best possible mom to my sister and me. After seeing her go through every- thing she did, she’s definitely the person I look up to the most in my life.” Rush’s path to becoming a Marine lawyer was not typical. Before deciding to serve in the Marines, he was a practicing attorney for two years. “I left a really good civilian job as an attorney, where I was paid very well,” said Rush. “I took a substantial pay cut to join the Marine Corps, and I haven’t regretted it a day since. I get to spend a lot of time with my wife, but at the same time I’m still working hard. The life-work balance is definitely better here than at my last job. Generally, I would just say it was a great decision to leave a job most peo- ple would be happy to have, because I love the experiences. I love my job. I love the people I work with. And when it’s all said and done, I love getting to help Marines every day when I wake up. I haven’t regretted it a single day.” FOR MORE INFORMATION REGARDING THE MA- RINE CORPS LAW PROGRAM, PLEASE CONTACT THE AUSTIN OFFICER SELECTION OFFICER MARINE CORPS AT (512) 585-0332 OR SCAN THE QRC. 9Next >