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 […]

We All Get Older – But No One Likes Being Called a “Hairbag”

My guess is that most people — maybe not all – would not like to be called a hairbag.

What’s a “hairbag??” (No, not that).

A New York Times article today informs us … but first let’s step back a little…

Recall that before I took a hiatus from blogging some months ago, I had a penchant for collecting […]

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 […]

Can I require my employees to get a flu shot?

By: Amy Epstein Gluck

It’s the most wonderful time of the year! Are you singing that ditty on your way to work? No? Well, it’s not holiday time, but it is the start of flu season yet again.

This is on my mind because I got a flu shot late yesterday afternoon, felt like crap, and then went […]

Employers, Retaliating Against An Employee Who Discloses a Disability Is a Sure Way To Get Sued

By: Amy Epstein Gluck

Let’s start with this fun fact: retaliation is the most frequently filed discrimination claim.

Need proof? I’ll provide some statistics from the U.S. Equal Employment Opportunity Commission (EEOC):

Fiscal Year (FY) 2018 data shows that retaliation continued to be the most frequently filed charge filed;
retaliation charges comprised 51.6% of all charges filed last year with […]