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 […]

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 […]

New “Toolkit” Developed To Aid Vulnerable Agricultural Workers

I’ve written a lot about sexual harassment of vulnerable workers – that they are more likely to suffer sexual assault and harassment.

Workers are “vulnerable” to discrimination and harassment for many reasons and in many situations, mostly evidenced by their powerlessness and the low status of their jobs. For example, they may fear running afoul of […]

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 […]