“What Are You Like In Bed?” Not A Good Thing To Ask An Employee…Nor is Groping

By: Amy Epstein Gluck

Just in case you worried because I haven’t written about sexual harassment in a while, do not be alarmed! I’ve been obsessed with my twitter feed, like much of the country. But…never fear! Sexual harassment is alive and well. Indeed, it is thriving.

Last week, a waitress at an Olive Garden in Bay […]

I Don’t Work With Those Kind Of People

Wasting no time, upon taking over at a Florida hotel a hotel management company’s CEO promptly fired every housekeeper and front desk attendant who was black because he said that he did not work with “those kind of people,” according to an EEOC lawsuit.

He apparently was unsure about one housekeeper and asked her race.  When she […]

After One Works With People Who Are Different, The Fear Factor Goes Down

My friend Billy Wilson is a recent immigrant from China with a advanced degree in physics.  But – surprise! – that was not the name he was given at birth.

As we enter the lunar Year Of The Rooster, however, he is not about to seek to appear anything but “American” while he searches for a job.

Not a very […]

Papa John’s Fires Employee With Down Syndrome: Must Now Make A Lotta Pizza!

An employee of a Papa John’s Pizza in Utah who suffers from Down Syndrome satisfactorily – and happily – did his job for more than five months with “an independently employed and insured job coach to assist him.”

That is, until an operating partner of the company visited the pizza place, saw the employee working with […]

Of High Heels And Discrimination

Wonder if the UK Parliament thought that in these times of Brexit and possible existential crisis it would be debating whether employers should be prohibited from forcing female employees to wear high heels?

It has been reported that members of Parliament “have called for a review of the 2010 Equality Act after receiving hundreds of reports of dresscode […]

Men Will Not Apply For Jobs Which Seek Caring Applicants

Now here is a bizarre twist on the usual story line – about hiring practices which explicitly or implicitly discriminate against people in certain protected classes, and sometimes do so by using coded language in advertisements.

It seems that, according to a study, job listings which ask for applicants who are “sympathetic,” “empathetic,” “caring,” or focused […]

The EEOC May Soon Be Derided, Defanged, Defunded, Deracinated, And/or De-functed – But This Local Law Has Real Teeth!

I noticed a relatively obscure decision just handed down by a NY court under the New York City anti-discrimination law (NYCHRL: N.Y.C. Admin. Code §8-107(1)(a)).  The City anti-discrimination law is somewhat similar to Title VII, but is way more expansive and has been construed much more broadly.

The NYC Law

Among other ways it differs from Title […]

Go to Your Room, Opie! You Told Alternate Facts To Your Aunt Bea! 

Welcome to the alt-real world, where nothing is real. Or not true. Or maybe true, but not real.

In my new “Above The Law” article I “examine whether workplace sexual harassment, a sub-species of sexual discrimination, still violates Title VII – as it did yesterday, before ‘alternative facts” entered our lexicon. And whether it will tomorrow.

We have […]

EEOC Continues To File Sexual Orientation Suits

Just yesterday we discussed the oral argument conducted last week before the federal court of appeals in NYC which revolved around the question of whether Title VII covers sexual orientation – the EEOC’s position.  I asked whether “ith the country poised, perhaps, to return to the (imagined) good ‘ol ’50’s, will the courts rule that Title VII includes […]

Are The Courts About To Include Sexual Orientation In Title VII?

A big change in the law and a new day may be near – or maybe not.

With the country poised, perhaps, to return to the (imagined) good ‘ol ’50’s, will the courts rule that Title VII includes sexual orientation?

Last week, the federal appeals court in New York City heard oral argument in a very significant case […]