From Farms To Swanky Resorts: EEOC Obtains Enormous Damages For Vulnerable Workers

In the employment discrimination field, we all know about the EEOC’s Strategic Enforcement Plan (“SEP”):  its announced set of priorities.  Seems that one company hit on quite a number of the EEOC’s priority points – sexual harassment, retaliation, and the abuse of vulnerable workers – in this case farmworkers.

Enormous damages of $1.47 million was just awarded by a California […]

Workplace Religious Discrimination: The EEOC Seeks To Address A Growing Issue

The number of posts which I have written on the subject of religious discrimination keeps growing:  employers still have not learned to accommodate religious beliefs and practices, and the EEOC keeps pursuing such cases.

The EEOC has just stated that “Religious discrimination remains an issue in the American workplace. In fiscal year 2015, EEOC received 3,502 […]

Roger Ailes: Case Study Of Sexual Harassment?

The alleged abuse of existing power differential is a psychological, legal or HR case study.  Or all three.

The fall from the highest of heights was rapid and dramatic: the hubris of Greek myth and pure schadenfreude.

The difference between the espoused family values and the alleged serial acts of sexual harassment was a yawning gulf.

The fall […]

Transgender Employment Rights Front And Center For EEOC

Last month I wrote about “a strange juxtaposition in employment discrimination law today:  The EEOC has just sued to, effectively, expand the rights of transgender people, while 23 states have just sued to, effectively, limit those rights. A unified country this is not; cracks and fissures have become the norm. … As always, the workplace is the perfect battleground, the perfect […]

Mad Men Redux

By: Amy Epstein Gluck

In so many ways, it feels like we’re back in the 60’s and the Mad Men era where male executives were chasing their secretaries around their desks.

Except, not.

With all of the publicity surrounding the Gretchen Carlson/Roger Ailes lawsuit, which I blogged about here, WaPo media columnist Margaret Sullivan referenced a study done […]

Appearance Policies Versus Religious Practices: A Delicate Legal Balance

Since employment discrimination lawyers are seeing more and more religious discrimination cases being brought, it may be time, once again, to re-visit the subject.

Can an employer fire someone for wearing a veil or hijab?

Or a turban?

Having dreadlocks?

Growing sidelocks?

Asking for time off on the Sabbath?

Does a corporate policy on employee appearance trump religious dress or grooming requirements?

Can […]

First Transgender Barrister: Transgender Issue Less A Political Football Than In US

Earlier this week I wrote about “a strange juxtaposition in employment discrimination law today:  The EEOC has just sued to, effectively, expand the rights of transgender people, while 23 states have just sued to, effectively, limit those rights. A unified country this is not; cracks and fissures have become the norm. …

These contrasting lawsuits perfectly parallel the divide — the polarization […]

What Is “Face Equality?”

Interesting story out of Hong Kong.

Seems that burn victims, who formed a self-help group after a wildfire in 1996 killed 5 teachers and students and left many injured students permanently disfigured, are calling for “face equality” – that is, discrimination protection for those whose burned faces hinder or prevent their ability to find employment.

“For, despite […]

Paternalism And Pregnant Employees: A Bad Idea

Pregnancy discrimination in employment is against the law.  This is true even if an employer claims to have the best interests of the employee in mind.

This is, in fact, the classic example of paternalism – and employers must resist that notion.  It is illegal.

To underscore this, the EEOC just sued a Florida corporation that operates […]

How Can People Mock Those With Disabilities?

Here’s a case that should sour the milk of human kindness.

A Louisiana telephone operator is suing Goodwill Industries of Southeastern Louisiana Inc. and Goodworks Inc., alleging disability discrimination and retaliation.

She suffers from retinitis pigmentosa, an eye ailment, and she claims, incredibly, that co-workers “made fun” of the size of the print on her computer and her […]