Pregnant? We Are Placing You On Unpaid Leave For Your Own Good

I’ve posted a lot about pregnancy discrimination under Title VII, which forbids employers from, among other things, discriminating against pregnant employees purporting to use concerns about their health or safety.  The Pregnancy Disability Act (“PDA”) of Title VII is often invoked by pregnant employees who are fired because the employer feels that she should not be working – […]

Employers: Hot Off The Presses, The New EEOC Retaliation Guidance!

Last February I wrote about the release of the annual EEOC report for fiscal year 2015 (which ended September 30, 2015), which noted that of 89,385 charges of workplace discrimination filed, retaliation made up almost half of these.  Quite a staggering statistic which employers should think about.

At that time the EEOC had just issued a proposed […]

Sexual Harassment: What We Think We Know

By: Amy Epstein Gluck

In July, I wrote about (what I’ve labeled my WTF article) Gretchen Carlson’s sexual harassment lawsuit against Roger Ailes.

Things have moved quickly since then.

This past Friday, Circa interviewed me about various employment issues, including sexual harassment.  On a break from the interview, a young millennial male (I’m sure you’ve seen such species […]

Just Say No (To Blanket Drug Exclusions For Job Applicants)

Everyone (hopefully) knows by now that the Americans With Disabilities Act (“ADA”) prohibits discrimination – in hiring or in the terms and conditions of employment — on the basis of disability or perceived disability.

What about drug tests administered to job applicants?  How do they fit in?

“Even when drug tests are permitted under the ADA, they […]

Another Egregious N-Word Workplace Harassment Case

One could be understandably troubled by my post of August 15th, entitled “Does One Noose In The Workplace Constitute A Hostile Work Environment? If Not, How Many?”  What is this?  Why the absurd question?

Well, the title simply set forth the precise legal issue for which an employee is now seeking Supreme Court review — troubling  indeed.

If readers had read beyond the title, they […]

“The Last Acceptable Discrimination”

A short post today – courtesy of the forever young Dick Van Dyke.

He’s now 90 (OMG!) and talked about age discrimination, what he called “The last acceptable discrimination.”

“If I’m recognised I’m treated very nicely, but sometimes if they think I’m just an old guy, I don’t get much attention at all.” He was told by […]

Trickle Down Sexual Harassment: Once Again

In May I wrote “From The Sexual Harassment Frontlines” that: “I have always advised that, along with proper training, a top-down culture of zero tolerance is important.  It is a significant key to keeping the workplace free from sexual harassment.”

And last January I posted under my “Top Ten Tips – No Eleven – To Avoid Employment Discrimination […]

HOTBEDS of Sexual Harassment

By: Amy Epstein Gluck

Where might one find veritable hotbeds of sexual harassment?

Not a bar or restaurant.   Not a hotel.   Not college campuses.   Not just at Fox News (wink).



USA Today reports that our state capitols exude a “fraternity atmosphere” that make some state capitols “hotbeds of sexual harassment.”  That’s right – our august local statesmen have […]

102-Year Old Worker Fired “For His Own Good”

I just read a somewhat disturbing article out of Australia.  Folks in the US – pretend that this happened here.

Apparently a Perth University scientist whose career has spanned 70 years, 5 continents, and 130 published works, was “nicely” pushed out the door.


Alleged concerns for his health and wellbeing — he is 102 years old.

He can […]

Sexual Harassment Or “Just A Bit Of Banter”?

I read an interesting piece in the UK’s Personnel Today about the perils of seemingly innocent (or not) “sexual banter:”

“How many times have we heard sexual harassment in the workplace dismissed as ‘just a bit of banter’? It may seem like a joke or even a compliment to those who have never experienced it – […]