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 […]

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 […]

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 […]

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 […]

Game Night Has A New Player: Ms. Monopoly

By: Amy Epstein Gluck

“It’s not fair!”

“He cheated! Mom, he’s cheating!”

“I’m not playing anymore.”

The above might be a common refrain in households everywhere (well, pre-Fortnite, Minecraft, etc.) as siblings attempted to best each other by amassing money and property in Hasbro’s iconic game, Monopoly.

But Hasbro created and recently announced a new game—Ms. Monopoly, which, thanks to my mom, […]

How To Prevent Sexual Harassment In Your Restaurants, Bars, and Stores

By: Amy Epstein Gluck

As we continue to counsel clients large and small about how to prevent sexual harassment in this #MeToo era, I recently read about this project, “Not on the Menu,” the brain child of one restaurant owner and her staff during a problem-solving meeting after a customer put his hand up one employee’s […]

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, […]