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 […]

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 […]

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 […]

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 […]