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, Your Return-to-Work Policies Should Include Accommodation Requests

By: Amy Epstein Gluck

As an employment lawyer, I’ve been pretty busy these past couple of week reviewing, revising, and creating return-to-work policies for clients. I’ve got lists. My lists have lists.

There’s the social distancing protocol list, hand sanitizer/hand-washing list, and the various federal, state, and local mandates and recommendations, just to name a few. I’m […]

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 […]

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 […]

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 […]

Disabled Worker Settles Suit Against (Guess) … Provider of Disability Services

Chalk up another easy settlement for the EEOC – an ADA disability lawsuit by an employee who worked for a non-profit which … (take a guess) … provides job opportunities to people with disabilities!

Yes, here’s another health care or related provider which ignored our constant refrain that they are in the cross hairs of the […]

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 […]