“Smelly Workplace? A Case Of ‘Extreme Gas’ In The Ol’ Factory”

My latest article in Above The Law deals with “A Case Of ‘Extreme Gas’ In The Ol’ Factory” –  odors in the workplace.  It begins:

“Is there a more uncomfortable – and unpleasant – situation than sitting in a crowded car when a certain odor is detected emanating from someone in the car? There is an […]

Supremes Save Transgender Rights For Another Day

By: Amy Epstein Gluck

By now, most people (who read or watch the news, anyway) know that the U.S. Supreme Court (SCOTUS) just vacated a lower court ruling in a transgender student’s favor and sent the case back to the 4th U.S. Circuit Court of Appeals. The decision followed the Department of Justice’s (DOJ’s) and Department […]

“He Looked At Me Funny!”  The Reality Of Retaliation

How minimal can an act be and still be deemed an adverse employment action under the anti-retaliation laws?  Can even giving an employee a funny look be considered adverse?

You’d be surprised.

What Is Retaliation?

Title VII contains an anti-retaliation provision, which, as my partner Amy Epstein Gluck wrote last May, makes it “unlawful for an employer to subject an employee to an adverse […]

Report To The EEOC For Five Years!

Upfront Takeaway:  If the EEOC sues you and you settle, you are likely not only to make a hefty payment, but to be required to be under EEOC oversight for many years.

Can you say “Yes sir?”

The latest company to settle is a manufacturing-tooling company in Indiana which withdrew a conditional job offer to a machinist […]

KKK Hoods In The Workplace: 1996 And Now

Some folks have great memories, others cannot forget certain events.

Recall that I wrote last week about a lawsuit filed by the EEOC which alleges that a black employee at a Texas company “reported that his coworkers had used a white hood – evocative of the type used by the Ku Klux Klan – to intimidate, ridicule and […]

Veteran Refused Job Because Of Service Dog Needed For His PTSD

We saw a case like this only a few months ago – a military veteran was denied employment as a truck driver in Texas based upon a disability which was controlled by medication.  Why?  Because it was against “company policy.”

A newly filed suit by the EEOC in Florida similarly alleges that a trucking company refused […]

In Five Years 1/3 Of People Over 65 Will Still Be Working

Reported in the New York Times today, from 2000 to 2016 the number of people who are over 65 and still working went from 13% to 18.8% – and will go to 32% over the next 5 years.

A Boston College professor said that “This is one of the most educated generations in history. A lot of […]

ADA In The Workplace: Pee Dammit, Or You Don’t Get The Job!

My new article in Above The Law deals, frankly, with passing urine or not being hired.  It begins:

“As a long-suffering Jets fan, with 25 years’ season tix under my belt (not any more!), I know what it’s like to consume beer in the parking lot for hours only to have to wait in a long […]

The List: 11 Tips To Avoid Employment Lawsuits

Here, once again, is “The List” – yes The List!

Because our switchboard and email server are jammed with reader requests, we bring it back in an effort to help you manage the risk of employment discrimination or harassment lawsuits.

As I have warned before, not everything is reducible to a simple list.  The entries on the list […]