“Why So Much Fuss Over Black Employees’ Hair?”

This is the title of my new Above The Law post.

I just read a great piece in the New York Times, entitled “Why Are Black People Still Punished for Their Hair?” by Ría Tabacco Mar, which had as a sub-heading: “Only black people are shamed when they choose to wear hairstyles consistent with their natural hair texture.”

She described […]

Sexual Harassment: R-E-S-P-E-C-T in Fire Departments

By: Amy Epstein Gluck

Damn, I miss Aretha.

Back, way back, in early 2016, I told you here about a Colorado fire department’s $75,000 settlement with a former female firefighter to settle claims of gender discrimination and sexual harassment. The woman had filed a complaint with the EEOC (a complainant’s necessary first step prior to filing a […]

Forced To Retire “To Promote ‘Diversity and Intergenerational Fairness’”

All surveys and studies point to the plight of older workers – they can’t afford to retire, and at the same time they suffer age discrimination in hiring and in the workplace.

BenefitsPro notes that “It’s getting tougher for older workers, with many finding that they can’t retire—or retire as fully—as they might want to, thanks […]

Catholic Employee Harassed For Having a Crucifix: EEOC Lawsuit

Well, this is the first time I’ve seen a hostile work environment case based upon religious discrimination – that is, an employee allegedly harassed because of his religion.

The EEOC just sued a New Jersey company alleging that it knew that shortly after an employee was hired “his manager learned he was Catholic and reacted negatively upon […]

New Jersey Federal Court: Employer Need Not Waive Drug Test for Medical Marijuana User

By: Amy Epstein Gluck

Remember—despite the legalization of medical marijuana in a majority of states, marijuana remains illegal under the federal Controlled Substances Act (“CSA”), which lists cannabis as a prohibited Schedule 1 illegal drug.

What does it mean to be a Schedule 1 drug?

“Schedule I drugs, substances, or chemicals are defined as drugs with no currently […]

Deaf Truck Driver Refused A Job: Negative Stereotypes In Action

Another truck driver discrimination case.

You do this long enough and you detect patterns.

The EEOC just sued a Nebraska truckload carrier under the Americans with Disabilities Act (“ADA”).


The company allegedly refused to hire an applicant as a truck driver because he is deaf.

We’ve seen this before.

In May 2017 I said:
“I don’t know why, but it seems that […]

EEOC to Airline—When You Receive a Sexual Harassment Complaint, Do Something About It!

By: Amy Epstein Gluck

People: the best drafted, airtight, protective anti-harassment policies in your workplace are no good at all if you do not enforce them.

It is simply insufficient to profess that you do not tolerate sexual harassment.

When an alleged victim of sexual harassment complains to you (“you,” as in the employer, the supervisor, the Human […]

“Short Skirts At Work: A Form of Sexual Discrimination?”

Last week I addressed the pressing issue of whether “bro hugs” at work could be considered sexual discrimination, an issue which originated with a reader of the The New York Times “workologist” who said that she felt excluded when the bros at work hugged each other.

Building on that somewhat out-there issue, I asked in this […]

“Can The Boss Fire Me Just Because He Doesn’t Like Me?”

This question was nicely answered for laypeople today by the New York Times workologist.  Readers of this blog already know the answer.

A reader wrote:  “I have a new boss who is very unfair and abrasive to everyone. Hypothetically, would he be allowed to fire me just because he doesn’t like me? And if he did, […]

“Bro Hugs At Work: Sexual Discrimination?”

Hmm. What is this about?

A bro hug … sexist?  How?  Why?


In my new Above The Law post, I examine a question posed by a female reader of The New York Times “workologist” who wrote this past week that at her blue-collar job “o one ever touches me, and it’s not that I want anyone to. That would […]