“You All’s President”

It’s not only the EEOC which is litigating cases of racial harassment which hit the news – today’s post is about a recent case arising out of the Iowa Civil Rights Commission.

Iowa?  A beacon of civil rights?

Who knew?

Apparently, a business owner in West Des Moines was hit with a $14,700 judgment (lost wages and damages) […]

So Sue Me: One MORE “Low Hanging Fruit” Case in 2018

Well, I was wrong – my post last week was not the last one of the year, as I had promised, dealing with the EEOC’s targeting of “low hanging fruit.”  That is, targeting health care providers for alleged disability law violations.

These cases are coming fast and furious.

The EEOC just reached a “voluntary conciliation agreement” with […]

Corporate Appearance Policies Versus Religious Practices: A Delicate Legal Balance

An enormous new settlement of a religious discrimination case brought by the EEOC presents a perfect opportunity to reprise an old post with a new addition.

Can an employer fire someone for wearing a veil or hijab?

Or a turban?

Having dreadlocks?

Does a corporate policy on employee appearance trump religious dress or grooming requirements?

The bottom line is:  Unless […]

One more “EEOC goes after low hanging fruit” post before the new year!!

For anyone just coming upon this blog, I like to highlight a few important trends or repeated fact patterns, such as code words for “old” in age discrimination cases, or the seeming increase in the use of the “N-word” in workplaces.

And one of my favorites is posting about EEOC developments involving disability or pregnancy discrimination […]

Retaliation: What Is Temporal Proximity?

It’s that wonderful time of the year when we remind everyone about the concept of retaliation in discrimination law.

It’s pretty important: in 2016, then-EEOC Chair Jenny R. Yang said that “Retaliation is asserted in nearly 45 percent of all charges we receive and is the most frequently alleged basis of discrimination.”  That half of all charges […]

The Missing Link? NO! The Causal Link Needed to Prove Pretext of Discrimination

By: Amy Epstein Gluck

Here’s an interesting decision for employers that caught my eye this morning, which illustrates a significant aspect of employment discrimination litigation—there must be a nexus, a link, nay a causal link between the alleged discrimination and the adverse decision.

Facts of One Case Discussing this Causal Link

An employer, a battery manufacturing plant, terminated […]

What Classic Quid Pro Quo Sexual Harassment Looks Like

By: Amy Epstein Gluck

Of the types of sexual harassment, the one we see far less of is quid pro quo harassment. Why? Because it’s SO OBVIOUSLY wrong that most perpetrators (predators?) know it is unlawful.

Case in point:

One franchisee just settled a 2015 sexual harassment lawsuit for $80,000 after a former general manager (GM) solicited sex […]

Avoiding Dinners With Female Colleagues May Not Be the Answer to Avoiding Lawsuits

By: Amy Epstein Gluck

Fear of potential sexual harassment lawsuits could lead to different problems. Here’s what I’m talking about:

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

“Don’t sit next to her on a plane during that work trip.”

“I’m afraid to invite a female colleague to an event without the invitation looking like […]