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 […]

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 […]

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 […]

How To Prevent and Correct Sexual Harassment By Customers

By: Amy Epstein Gluck

Employers, we know that you are trying your hardest to prevent sexual (and other unlawful) harassment in your workplace.

You’re training your supervisors, employees, and, in many states, even your independent contractors.

You have policies, procedures, and a clear reporting and investigation procedure.

You are training your workforce, and you have worked to keep your […]

Employers, Can You Fire An Employee In Rehab for An Opioid Addiction?

By: Amy Epstein Gluck

As the late, great Amy Winehouse sang:
They tried to make me go to rehab
I said, “no, no, no”
Employers, if an employee seeks leave to go to rehab, your refrain is more likely to be, “yes, yes, yes.”

Why?

If an employee seeks help to treat an addiction, said employee is likely protected by the Americans […]

EEOC to Employers: Ignore Harassment Complaints Based on LGBTQ Status At Your Peril

By: Amy Epstein Gluck

The Equal Employment Opportunity Commission (EEOC) recently entered into a consent decree with a Tex-Mex restaurant in Gainesville, Virginia (up to an hour from the DMV—without traffic) settling a lawsuit alleging that restaurant employees, including other servers and kitchen staff, subjected a gay male server to “unwelcome harassing and offensive behavior” that included […]

One Mama’s Memo: Anti-Discrimination and Anti-Retaliation Policies Must Be Enforced To Be Effective

By: Amy Epstein Gluck

Your anti-discrimination, -harassment, and -retaliation policies must be enforced to be effective. It’s likely that this is no news flash, but in practice, people tend to forget.

Case in point: yet another public memo to a household name company demonstrating that all that glitters may not be gold.

What am I talking about? Well, […]

Come See Me at the EEOC Baltimore Seminar on August 26th to Talk HR

By Amy Epstein Gluck

Hello, and happy end of summer!

Like Rich, I am excited to participate in an EEOC panel in Baltimore at the EEOC Training Institute’s seminar about the Future of HR.

Details:

Where: Crowne Plaza Baltimore at the Inner Harbor, 105 W. Fayette Street

When: August 26, 2019, at 9 a.m.

Topic: The Future of HR is Today!

What […]