Fired Up About Retaliation

By: Amy Epstein Gluck

Your Memorial Day post is here!

On behalf of two battalion chiefs in one Northern Virginia Fire and Rescue Department, the ACLU filed charges of discrimination this week with the Equal Employment Opportunity Commission (“EEOC”) alleging that the department retaliated against them after they pushed the Department to discipline an employee who had […]

What’s With This Fetish About Pants? A Look At Workplace Dress Codes

Now that winter has turned into summer — overnight — the issue of clothes at work is front and center. (Isn’t it?). What to wear? No tie? Sandals? Tube top?

The question is asked a lot: Is there any regulation of what an employer can require by way of dress and grooming?

The answer: Not really. The […]

Staffing Company Alleged To Have Violated Virtually Every Employment Discrimination Law

The “N-word” again.

It’s been some time since we’ve seen that is an employment discrimination lawsuit.

And alleged violations of Title VII, the ADA, the ADEA … discrimination on the basis of sex, race, age, and disability.

Wow! All from one employer! What were they thinking? (No, don’t tell me).

The EEOC has alleged in a newly-filed suit that […]

Drug Using Employee? Better Conduct An Individualized Assessment Before You Fire!

It seems that a child development center in South Carolina just settled an EEOC disability lawsuit for $5,000 (and other remedies) for hiring someone to be an afterschool teacher who had informed them of his prior opiate addiction and participation in a MAT program (“supervised medication-assisted treatment”) for which he was legally prescribed the drug […]

Success At Big Law? Maybe It’s Time To Cut Your Losses

“Success is a relative thing.

To some it’s the corner office, more money, and professional recognition.  To others its living a peaceful life next to Walden Pond, or traveling and working odd jobs all over the world, or devoting life to people, animals, or a cause.  But today, let’s stick to making it as a lawyer, […]

Reminder—Destigmatization of Mental Illness In The Workplace

By:  Amy Epstein Gluck

There is a lot of talk these days about diversity and inclusion. And about accommodating those with disabilities. Remember: providing accommodations applies to employees with mental impairments too.

Recently, the US Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the anti-discrimination laws, has reminded employers about the significance of building a […]

Here’s What You Need To Know To “Accommodate” An Employee With A Disability

Let’s set the stage for this “how to” post with a newly-filed lawsuit.

A Georgia for-profit thrift store was just sued by the EEOC, which alleged that an employee with COPD and emphysema asked to be allowed to wear an oxygen backpack to treat her symptoms.  Fairly simple request.  However, the company’s management denied her repeated requests.

Her […]

New York Employers—Get Ready, Get Set, Go!

By:  Amy Epstein Gluck

Last month, both New York State (NYS) and New York City (NYC) passed eleven (11!!) bills requiring private employers with more than fifteen (15) employees to provide greater protections against sexual harassment in their workplaces.

Back in February, my partner Rich Cohen wrote that New York City may soon require private employers to implement […]

5 Reasons Why You Should Not Take A Swing At The Boss – A Risk Management Perspective

In a tongue in cheek post in Above The Law, I provided “5 Reasons Why You Should Not Take A Swing At The Boss – A Risk Management Perspective.”

However, there was a real takeaway: “Take a walk around the block, go to a yoga class, or, kvetch to your spouse.  Just don’t, DON’T, don’t resort […]

Employee or Independent Contractor? That Is the Question

By: Amy Epstein Gluck

Big news from California!

Yesterday, the Supreme Court of California issued its long-anticipated ruling in Dynamex Operations West, Inc. v. Superior Court, S222732.

This was breaking news for members of the gig economy (not just a buzzword—the “gig economy” refers to the increased tendency for businesses to hire independent contractors and temporary workers, and […]