Diversity, Equity & Inclusion Can You See Me Now?

Can You See Me Now?

A Safe Space for a Conversation on Diversity in the Workplace

“The first thing we learn when we begin our Multifamily career is to ignore differences. But let’s be honest – we ARE all different. We look different, we identify different, we worship different, and we love different, and that should be celebrated! It’s time we acknowledge, accept, and learn about each other’s differences.” –Marci French, DE&I Facilitator

Join Marci for a safe, open, and honest conversation on diversity. Attendance is complimentary. The GNAA Diversity, Equity & Inclusion Committee has partnered with Marci French, DE&I Facilitator, NAAEI Senior Faculty, and Vice President of Asset Management, to present the GNAA membership an educational course on diversity titled “Can You See Me Now?” The education course is set to take place on Wednesday, November 9, from 10:00 a.m. to 1:00 p.m.

Come prepared with questions and an open heart for this interactive discussion on diversity in the workplace. Members can register at www.gnaa.org/events. The course will be held in the education space at the GNAA office.

“Diversity in the workplace refers to individual differences in race, gender, ethnicity, religion, age, sexual orientation, and cognitive ability. In recent years, this definition has grown to encompass cultural and personal aspects. These include education, skills, personalities, experiences, marital status, political beliefs, and financial status. Diversity in the workplace refers to organizations that employ individuals with a range of characteristics.” –professionalleadershipinstitute.com

Sources: What is Diversity in the Workplace? - Professional Leadership Institute

The most common types of diversity include:

Age Ethnicity Gender Physical and mental capabilities Marital status Financial status Political beliefs Religion Knowledge, skills and abilities Socio-economic status Privilege Upbringing Nationality

most importantly, attorney’s fees, assuming the lease provides for their assessment. In this particular case, the lawyers will be pleased to know that the Court agreed these legal expenses could be recovered for the case as it progressed from General Sessions to Circuit to the Court of Appeals. Not specifically mentioned in this case was whether a landlord could recover for a lack of notice provided by the breaching tenant.

A tort is defined as a wrong. Generally speaking, a party would be financially liable when negligence occurs. Negligence is defined as a duty, a breach of that duty and damages caused from that breach of duty. In the case of Kathy Tino v. Barry Walker et al., the Court of Appeals discussed whether a divot in a brick step that caused the injured party to trip and fall was a minor aberration or whether the alleged injured party was entitled to a recovery. Remember, landlords have a duty not to commit any acts that cause a tenant’s injury, or even if not caused by the landlord, if there is actual or constructive knowledge and the landlord fails to take the appropriate action timely, an award of damages could result.

In this case, the question presented was whether the defect in the stairway steps was so serious that it could be concluded that the stairs on the premises were so defective that the owner had a duty to warn or repair the defects. In a premises liability case, a landlord has a duty to exercise reasonable care to remove or warn of dangerous conditions on the premises the landlord should have become aware of through the exercise of reasonable diligence. If the injury to the tenant could not have been reasonably foreseen, then there is not duty on the part of the landlord, and therefore no negligence and no financial liability. In this particular case, there was photographic proof of the divot, but because this defect was considered to be a small aberration, the foreseen ability of potential injury and the seriousness of harm did not support a finding of liability. The Court, in this case, stated the long-held rule that a minor defect or deviation in a stairway or walkway is not sufficient to impose a duty upon the premises owner to warn or repair if an injury to the tenant or the tenant’s guest is not reasonably foreseeable.

In this case, the proof was that the stairs in question were in the same condition they had been in for many years. However, the Court ruled that there must be more than the possibility of harm or injury arising from a defect to impose the duty of care upon the premises owner. There must be a probability or likelihood of harm serious enough to induce a reasonable land owner or manager to take precautions to avoid it. The mere possibility is not sufficient to impose liability on the part of the premises owner. Since the risk of injury was not foreseeable and, in fact, was improbable, in this case there was no liability on the part of the owner and the case was dismissed.

While this case is favorable to the landlord, we must remember there is responsibility to repair what the landlord has caused or has actual or constructive knowledge of, constructive knowledge meaning that the defect existed for such a period of time that a reasonable landlord should have become aware of it. Again, documentation is important and landlords should keep track of inspections of the premises, inspections of the apartments and the surroundings, and should take appropriate action when material defects are found.