When Equal Pay Audit Results Lead to Retaliation Claims

By Amy Epstein Gluck

Equal pay is getting a lot of press these days. Indeed, it seems to be a “Hot HR Topic.” (Yes, that IS a thing! OK, just for employment law nerds.)

There’s a federal law requiring employers to provide equal pay for equal work, and, employers should know that most states have equal pay […]

Diversity & Inclusion: Making More Than Cosmetic Changes

By: Amy Epstein Gluck

One of my favorite cosmetics retailer closed all of its US-based stores today for diversity and inclusion training.

The focus? What it means to be a diverse and inclusive workplace.

In addition to the one-hour store closures today, the company said it would close its distribution centers and corporate headquarters for trainings about “gender identity, […]

Offsite Is Not Off Limits: Case Study on the Consequences of Failing to Address Culture and Claims Of Harassment

By: Amy Epstein Gluck

Earlier, I came across this story (hello, insomnia) about one company (not our client!) who did not take the steps we have recommended in our blog to prevent harassment and retaliation, and is now being excoriated for it in the press.

This Buzzfeed article on the problems one tech start-up presents a textbook example […]

New York City Employers: Sexual and Reproductive Decisions Are a New Class

By: Amy Epstein Gluck

New York City employers and employers who have employees working in New York City, add a new protective class to your employee handbooks!

That’s right. On May 20, 2019, i.e., next week-ish, the New York City Commission on Human Rights will begin enforcing the city’s broad anti-discrimination, anti-harassment, and anti-retaliation law, to prohibit […]

A Steak, Medium-Rare, With Sides of Sexual Harassment and Retaliation

By: Amy Epstein Gluck

I read yesterday that two current lawsuits claim that a celebrated steakhouse sustains a culture of sexual harassment, discrimination, and retaliation.

In one of the two cases, a female server alleged that a regular customer grabbed her from behind and “placed his hand beneath her crotch and in between her thighs” while she […]

What’s All The Fuss? SCOTUS (Finally) Considers Whether Adverse Decisions Against LGBT Employees Constitute Sex Discrimination In Violation of Title VII

By:  Amy Epstein Gluck

With this post, I join the multitude of bloggers writing about the historical announcement yesterday that the Supreme Court of the United States (SCOTUS) will hear and decide a series of cases this fall to determine whether the federal law prohibiting discrimination on the basis of “sex,” Title VII of the Civil Rights […]

Hey 2019, How Is Corporate America Doing With LGBT Policies?

By: Amy Epstein Gluck

The Human Rights Campaign (HRC) Foundation gives us some indicator to answer this question.

Last week, the HRC released its 2019 Corporate Equality Index report— a national benchmarking tool on corporate policies and practices related to lesbian, gay, bisexual, and transgender (LGBT) equality.

Some results are as follows:

571 US companies and law firms made a perfect […]

Up In The Air—To Address Sexual Harassment, Follow Your Procedures

By: Amy Epstein Gluck

So, I’m on a Southwest flight to New Orleans (woohoo!!) to hang out with my FisherBroyles partners for a few days. I am psyched!

Being me, on the flight, I started chatting with the flight attendant about her job and ask her about her experiences with sexual harassment in her workplace, which, being thousands […]

The 4th Circuit Says: Rumor Has It

By Amy Epstein Gluck

I am going to lay out the lede up front: last week, the U.S. Court of Appeals for the Fourth Circuit reversed the dismissal of a plaintiff’s hostile work environment claim based on sex-based rumors. It considered the claims to be rooted in unlawful sex stereotypes about women.

What Was This Case and […]

What Classic Quid Pro Quo Sexual Harassment Looks Like

By: Amy Epstein Gluck

Of the types of sexual harassment, the one we see far less of is quid pro quo harassment. Why? Because it’s SO OBVIOUSLY wrong that most perpetrators (predators?) know it is unlawful.

Case in point:

One franchisee just settled a 2015 sexual harassment lawsuit for $80,000 after a former general manager (GM) solicited sex […]