From Rock Star To Rocking Chair??

My article last week in Above The Law was entitled “Should Men Use Botox?  Ask The Thirtysomethings Who Want To Look Young Again.”

Its about workplace age discrimination in a world with an aging population.

I wrote that “Sigh … we all get old.  Hopefully. …

Age is the only protected category under the employment discrimination laws that we all […]

ALERT: Full Federal Appeals Court In NYC To Reconsider Whether Title VII Covers Sexual Orientation

In really breaking news, the federal appeals court in NYC just agreed to have its full bench reconsider the issue “Does Title VII of the Civil Rights Act of 1964 prohibit discrimination on the basis of sexual orientation through its prohibition of discrimination ‘because of … sex’?”

This comes after a three-judge federal appeals panel of […]

“Should Men Use Botox? Ask The Thirtysomethings Who Want To Look Young Again”

“Sigh … we all get old.  Hopefully. …”

Thus begins my latest article in Above The Law, bearing the title above.

It continues:

“Age is the only protected category under the employment discrimination laws that we all hope we enter. (Except for pregnancy, I guess, which eliminates a lot of us.)

We may hope to become old, but the workplace […]

One-Day Start Date Postponement To Accommodate Religious Observance: Not An Undue Hardship

Hard to believe but true.

A Maryland logistics/delivery company was just sued by the EEOC because it refused to hire an applicant for a dispatcher/customer service position who could not work on Rosh Hashanah due to his religious beliefs.

Why did it do that?

Got me.

Apparently, he was willing to start the day after Rosh Hashanah, but a […]

First Transgender Suit Permitted to Proceed Under the ADA

By Amy Epstein Gluck

While courts and states remain divided about whether “sex discrimination” includes discrimination against transgender people under Title VII of the Civil Rights Act of 1964, a new cause of action has emerged to protect the rights of transgender people: violation of the Americans with Disabilities Act (“ADA”).

As my partner Rich Cohen has […]

Job “Too Demanding” For Pregnant Employee, So She’s Demoted And Fired

We ‘ve said it a lot: “The day is over when an employer could force a pregnant woman out of her job because of stereo­typical, unsupported beliefs about her abilities. A company cannot take it upon itself to remove an employee from her job because it suspects her pregnancy or a pregnancy-related medical condition may […]

Is There A Bright Line Between Salty Jokes And Compliments, And Sexual Harassment?

My new article in Above The Law discusses this very fraught workplace issue – which is not a hypothetical.

It begins:

“We all like to joke, tease, prank, and – face it – it sometimes gets a bit out of control, and the language gets a little ‘salty.’    All in good fun, in the right place and context.

But […]

Sexual Jokes And Banter At The Water Cooler: Not Cool At All!

The title above is the title of my weekly article in Above The Law.

It begins:

“We all like to joke, tease, prank, and – face it – it sometimes gets a bit out of control, and the language gets a little ‘salty.’    All in good fun, in the right place and context.

But not in the workplace. […]

We Cannot Hire You Because We Have To Maximize Longevity

Guess what this post is about?

It’s been awhile since I’ve seen a new code word or phrase for age discrimination.  A newly-filed EEOC suit gives me the opportunity to recap my collection of such words and phrases.

The EEOC just sued a Florida restaurant under the Age Discrimination In Employment Act (“ADEA”), alleging that it told a qualified […]

Working Mamas and Lactation Law

By: Amy Epstein Gluck

The American Academy of Pediatrics recommends breastfeeding children for six months after birth. While some mothers do and some don’t, how does a working mother cope with breastfeeding in the workplace?

Well, I had the luxury of closing and locking my office door at work to pump breast milk when my three children […]