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. […]

SCOTUS: Discrimination Based on Sexual Orientation or Transgender Status is Sex Discrimination And Violates Federal Law

By: Amy Epstein Gluck

An employer who fires or takes an adverse action against an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964 (“Title VII”).

So said the Supreme Court of the United States (“SCOTUS”) on June 15, 2020, a little more than eight months after hearing oral […]

Employers, The EEOC Is Watching

By: Amy Epstein Gluck

The U.S. Equal Employment Opportunity Commission (EEOC) is making some lists and checking them twice, that’s for sure.

Piggybacking on my law partner Rich Cohen’s post about the annual breakdown of the 2019 enforcement and litigation data compiled by the EEOC, the EEOC just promulgated another report—its Annual Performance Report (APR).

In the APR, the EEOC […]

Ban the What?

By: Amy Epstein Gluck

As of January 2020, 35 U.S. states and more than 150 cities and counties have passed “ban the box” laws, according to the National Employment Law Project (NELP).

What is “ban the box”? Which box? Where?

You know, those little boxes on job applications. The ones that require an employee to “check” if they have […]

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 […]

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 […]

Hope This Is A One-Off – Pentecostal Employees Harassed By Supervisor: EEOC

We have not seen this type of workplace discrimination case often – outright harassment based upon religion.

What we see are cases of discrimination based upon the wearing of religious garb (think hijab or yarmulka), or discrimination because an employee requires an accommodation for attending religious services or observance of the Sabbath.

We have published many posts about […]

One More “N-word” Case Settles

A Long Island location of what is touted as the “country’s largest casual Mexican restaurant chain,” has just settled an EEOC racial harassment lawsuit which, as usual, alleged that the N-word was used.  

Apparently, an African-American chef at the restaurant:

“was subjected to frequent verbal harassment and offensive language by co-workers. The harassment included the regular […]

“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 […]

Employers, Are Your Supervisors Prepared for Accommodation Requests for Mental Health Issues?

By: Amy Epstein Gluck

If your answer is anything other than “yes, absolutely,” we should really talk.

The Americans with Disabilities Act (ADA) protects qualified employees with mental health impairments the same as it does employees with physical disabilities—as long as the employee can perform the essential functions of the job and the accommodation does not impose an undue […]