Did Mr. Stinky Create a Hostile Work Environment?

Ok, everybody. Here’s a case which cannot be ignored – but probably should be.

But your intrepid blog covers it anyway, because we believe that you have a right to know!  (And you thought that employment law was boring!)

It ostensibly involves bullying, which, as we know, is not actionable in virtually every jurisdiction in the US […]

Employer Which Helps People With Disabilities Get Jobs Fires Employee With a Disability: And Other Sad Tales from The Workplace

They seem to be increasing rapidly and feeding my obsession to report them.

Huh?

That is, the EEOC’s seemingly insatiable targeting of health care providers for alleged violations of the Americans With Disabilities Act (“ADA”).

And why?

If you are a reader of this blog you know. But if not … I refer to this type of ADA case […]

Up In The Air—To Address Sexual Harassment, Follow Your Procedures

By: Amy Epstein Gluck

So, I’m on a Southwest flight to New Orleans (woohoo!!) to hang out with my FisherBroyles partners for a few days. I am psyched!

Being me, on the flight, I started chatting with the flight attendant about her job and ask her about her experiences with sexual harassment in her workplace, which, being thousands […]

Claustrophobia As A Disability: When The Walls Start To Feel Like They’re Closing In

A Texas hair salon found out the hard way – in 2016 it had to pay $60,000 to settle an EEOC suit filed a while ago under the Americans With Disabilities Act (“ADA”).

For what?

Turns out that the stylist suffered from, and told the salon that she could not work at a salon station “if it […]

Sexual Harassment of Vulnerable Workers – Early 2019 Edition

The number of cases of workplace sexual harassment has not gone down despite the bright light shining on it; on the contrary, the number has gone way up.

Sexual harassment is, of course, like sexual assault, in that it has little to do with sex and all to do with power differential and misogyny. And as […]

HR: Do Not Delay When Designating Leave Under the FMLA

By Amy Epstein Gluck

As readers of this blog know, I don’t wade into FMLA territory. I leave that for my employment law partner Eric Meyer or to FMLA guru, Jeff Nowak at FMLA Insights. However, a wonderful bout of insomnia early this morning has me on the computer and my third cup of coffee by 7 a.m.! […]

Job Applicants and the ADA

By Amy Epstein Gluck

Does the Americans With Disabilities Act (ADA) apply to job applicants as well as employees? Yes, indeed!

One employer, an international customer service support provider for electronic devices in Nashville, Tennessee, just learned this lesson as it paid up $50K in a settlement with the Equal Employment Opportunity Commission (EEOC) for rejecting a paraplegic job […]

Disabled Employees and Harassing Coworkers: Significant New Decision

Well, it took a while but the federal circuit appeals court in NY just joined it “sister circuits” and held that “hostile work environment claims are cognizable under the ADA.”

What does this mean?

Title VII provides that it “shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge […]

Accusations of “Institutionalized Gender Discrimination” Dominate Women’s Professional Soccer

By Amy Epstein Gluck

Last week, the entire U.S. women’s soccer team filed a lawsuit in the U.S. District Court in Los Angeles against the United States Soccer Federation alleging unequal pay, practice time, medical treatment, and other benefits and accusing it of “institutionalized gender discrimination.”

The date of the lawsuit: International Women’s Day.

Sound familiar?

It should. Back in 2016, […]

Vet With Service Dog Denied Employment: Was Company Asking The EEOC To Sue It?

There appears to be a new category of cases where the EEOC may be targeting employers who discriminate:  veterans with disabilities.

Why?

The employers are easy targets.  You know:  “low hanging fruit.”

I already posted last week about the EEOC going after “fat, juicy targets”:

My review of the cases brought by the EEOC in the last few years leads me to believe that […]