Keeping It Real: Cases of Race-Based Harassment Continue

By: Amy Epstein Gluck

Employers, what kind of culture are you fostering? Is it one of respect and intolerance of unlawful harassment? Or is it one that perpetuates systemic racism?

That is one question raised in this recent federal complaint, filed by two former employees and one current employee, all Black, against one employer in the U.S. […]

“Stay Home and Bake Cookies!”

By: Amy Epstein Gluck

Being female in a traditionally dominated male workplace can be tough. Several industries such as fire and police departments, automative services, and construction crews have long contained skewed gender ratios.

Including truckers.

Just ask one female truck driver who filed a complaint late last week in Pennsylvania federal court against her employer, a construction […]

Uber and the EEOC Settle Their Differences

By: Amy Epstein Gluck

Way back when, i.e., in February 2017 and pre-#Metoo, an Uber employee published an online (i.e., very public) expose of what she considered to be a toxic culture at Uber and management’s failure to do anything about it—especially when alleged sexual harassment involved a rainmaker.

I wrote about it here and explained that […]

A Recipe For Sexual Harassment Liability

By: Amy Epstein Gluck

I used to cook most nights for my family. But several years ago, my husband took over. He has become a master chef in the last few years, and the kitchen has become his domain. He has a smoker, he has a grill, he has utensils the names of which I do not […]

News Flash—Simulating Sex Acts In The Workplace May Lead To Liability

By: Amy Epstein Gluck 

I’ve been grappling recently with various scenarios I consider to be “grey areas” as to the presence of a hostile work environment. A somewhat creepy message. Asking out an intern alone. Showing vacation photos while on the beach without a shirt.

Taken together, the conduct might rise to the level of “pervasive,” but maybe […]

New “Toolkit” Developed To Aid Vulnerable Agricultural Workers

I’ve written a lot about sexual harassment of vulnerable workers – that they are more likely to suffer sexual assault and harassment.

Workers are “vulnerable” to discrimination and harassment for many reasons and in many situations, mostly evidenced by their powerlessness and the low status of their jobs. For example, they may fear running afoul of […]

“Stupid Ass N *****” — Noooo, Not Enough To Be Considered Racial Harassment

Some time ago I analyzed court cases regarding the use of the N-word and nooses in workplace racial harassment cases.  I found in my (admittedly small, but not that small) sample, that either the N-word, a nooses, or both, were used in the vast majority of such cases.

Since the federal standard for hostile workplace is “severe […]

Mushroom Farm: The Poison of Sexual Harassment Grows In The Dark

The EEOC says that “rotecting vulnerable workers, including immigrant and migrant workers, and underserved communities from discrimination is one of the Commission’s Strategic Enforcement Plan (SEP) priorities.”

What is a “vulnerable worker?”

Workers are “vulnerable” to discrimination and harassment for many reasons and in many situations, mostly evidenced by their powerlessness and the low […]

Bystander Intervention At Work

By: Amy Epstein Gluck

I read with interest last night that a well-known billionaire money manager “talked about genitalia” in a well-attended investment conference and about how money managers view obtaining clients like “trying to get into a girl’s pants.”

One attendee at the conference was not amused, and he intervened.

Boy, did he intervene.

This attendee posted a video on […]

Employers, Can You Fire An Employee For Being Gay or Transgender?

By:  Amy Epstein Gluck

We will soon see—at least under federal law.

What am I talking about?

Tomorrow, October 8, the Supreme Court of the United States (SCOTUS) will do what it does when states and federal courts and agencies are divided on an important issue: it will hear arguments on three cases in order to decide whether discrimination […]