Federal Appeals Court in NY: Title VII Covers Sexual Orientation

In really breaking news, the entire federal appeals court (“en banc”) in New York just ruled today 9-3 that Title VII prohibits discrimination on the basis of sexual orientation through its prohibition of discrimination because of sex.

Here is the full 69-page decision.

I have not yet read the full decision, but below is my description of […]

New York City May Soon Require Employers To Conduct Sexual Harassment Training: Are You Ready?

Not many places in the US require sexual harassment training by private employers but New York City may soon become one of them.  (See, e.g., Maine and California).

According to the New York Times, the City Council is likely to pass the “Stop Sexual Harassment in New York City Act” which would mandate such training for the more […]

You’re Fired If You Go To Ghana! You Could Catch Ebola!

This post is about Ebola – remember the fear?  the  panic??

Last year the EEOC sued a Tampa company under the Americans With Disabilities Act (“ADA”) for, as one EEOC official said, “Making employment decisions based on perceptions of disability  clearly violates federal civil rights law.”

What was this case about?

“Regarded As” Disability

Firing an employee if you perceive […]

Should flu shots for employees be mandatory?

My Above The Law post this week is entitled Lions, And Tigers, And … The Flu? Oh My!

“What if flu shots are mandatory — with termination for those who refuse such vaccinations?

Is that legal?

“The workplace is particularly vulnerable to the flu — both by being adversely affected by absenteeism, and, more importantly, as a place […]

“Men At Work”- #MentorHer

By: Amy Epstein Gluck

No, I’m not talking about the ‘80s band known for hits like “Down Under” and “Be Good Johnny.”

I’m talking about the following types of comments from your company’s male employees:

“How am I supposed to treat women now?”

“I don’t even know what I’m allowed to say anymore.”

“I’m afraid to invite a female colleague […]

“You snooze, you lose — you sue”

The New York Post just reported about three overweight people — one a hospital dispatcher, the second a bus driver, and the third a “would-be city garbage man,” who were fired (or not hired) allegedly because they fell asleep (or had a history of doing so) on the job.

And are now suing!

The Post said “You […]

“Only The Hearing Impaired (And Some Doctors) Actually Believe Hearing Impairment Is A Disability”

These are the words of a hearing-impaired lawyer.  So — is hearing-impairment a disability?

Deafness, or hearing impairment, as a disability, and the requirement of “reasonable accommodations,” is in the news because of a newly announced settlement of an Americans with Disabilities Act (“ADA”) lawsuit brought by the EEOC against the Cheesecake Factory in Seattle.

It was alleged that a […]

Don’t Want To Get Sued By Your Own Employees? 5 Things Not To Do

At some point you may become an employer. You know – the boss! The Man (or Woman)! I said here some time ago: “No one ever said it would be easy.”

I’ve written before that not everything is reducible to a simple list.  But an entry on a list should at least be a beginning – […]

He Said/She Said-Making Informed Business Decisions in the #MeToo Era

By: Amy Epstein Gluck

The #MeToo Movement shows no signs of slowing. Now, more than any other time, companies are galvanized to prevent or, if prevention fails, to correct unlawful harassment where they find it.

You Are Doing Everything Right! Right?

You, Employer (including you, start-ups!), have your clear anti-harassment policy with definitions, examples, complaint, and investigative procedures. […]

Nooses And the N-Word At Work: Same As It Ever Was

It has been awhile since I posted about nooses and the N-word at work —
“It is extraordinary,” I wrote some years ago, “that the ‘N-word’ and the noose keep reappearing in lawsuits claiming a racially harassing workplace.”  And that “More than 50 years after the Civil Rights Acts were passed, racism continues in the society at […]