Stop the Stigma, and Repeat After Me: “I have a disability and these are the accommodations I need”

By:  Amy Epstein Gluck

As Rosemarie Garland Thomson wrote in the NYT this Sunday, “this is a claim to inclusion and right to access resources.”

You’ve heard me say this before (like, here), that one in four adults in the U.S. suffer from some type of mental disability, and that number is even higher for people with physical […]

What Is An “Old Person Job?”

An “old person job?”   Never heard this term in employment discrimination.

But wait.

“Old person jobs” are “a mix of high-skill service work (like managers, sales supervisors and accountants) and low-skill service work (like truck drivers, janitors and nursing aides). Absent from the top of the list are jobs calling for a fair amount of physical labor. Jobs […]

Is “African” A Nationality?

A company sued under Title VII by the EEOC came up with an interesting defense.

The suit alleged national origin discrimination — that an assisted living company in Colorado fired four employees who were all of African origin – three from Sudan and one from Ethiopia.  The facility director allegedly told the staff development coordinator that […]

Can’t Pee In The Cup? You Are Not Hired!

Well, here’s another healthcare employer that doesn’t read this blog.  Pity.  If it did it would likely not have had to shell out money to settle an EEOC lawsuit.

Two things such an employer would have taken away: (1) the EEOC is always ready and eager to sue healthcare or medical personnel for disability law claims, […]

“I Was Old, And So I Was Invisible”: Ageism At Digital Ad Shops

It all started with a beer wagon being pushed around at work. Everyone was under 27, and he was 53. The wagon did not stop at his cubicle.

He said that “It was like a fraternity house … I was old, and so I was invisible.”

This is the theme of a piece written in Digiday – […]

Top 10 Tips For 2016 (Really 11) To Avoid Employment Discrimination Claims

List lovers — back by popular demand is THE LIST:  11 tips to help you manage the risk of employment discrimination or harassment lawsuits.

You know you like a quick and easy to read (or even memorize, or cut out) list – like the Ten Bill of Rights, or the Ten Commandments, or the Four Tops, or The […]

Does One Noose In The Workplace Constitute A Hostile Work Environment? If Not, How Many?

The issue today is how many times must an African-American employee endure the sight of a hanging noose, or suffer other crude and offensive racial or other epithets, for the situation to become a hostile work environment and racial harassment?

Under existing caselaw, one isolated incident is generally not enough to constitute a hostile work environment […]

“That’s So ‘Retarded!'” Stop Stigmatizing Those with Mental Impairments

By:  Amy Epstein Gluck

“Ugh, why do you hang out with her?  She’s mental.”

“Stop being psycho!”

“You’re crazy!”

Such language was ubiquitous in the 70’s and 80’s growing up in South Florida. I didn’t think anything of it.  Someone did something dumb or forgetful, it was “retarded.”  A display of high emotion from parents, friends, a teacher—they were […]

“At The End Of The Day, Most Men Don’t Really Want Women In The C-Suite”

So notes a female GC in a New York Magazine piece, who also says that women still need to “have somebody—probably a man—who is willing to create some space for you.”

The mag’s reporter spoke to eight women on Wall Street, one of whom is a long-time in-house lawyer, currently a GC, who asked “Why is it […]

ABA: “No More Discrimination or Harassment” (Why’d It Take You So Long?)

The New York Times reported today that the American Bar Association (“ABA”), the legal organization historically always late for the party, finally passed an ethics rule that “says it is professional misconduct to discriminate against or harass opposing counsel, or anyone else for that matter, in the course of practicing law.

“The ethics rule now forbids […]