Employers, Are Your Supervisors Prepared for Accommodation Requests for Mental Health Issues?

By: Amy Epstein Gluck

If your answer is anything other than “yes, absolutely,” we should really talk.

The Americans with Disabilities Act (ADA) protects qualified employees with mental health impairments the same as it does employees with physical disabilities—as long as the employee can perform the essential functions of the job and the accommodation does not impose an undue […]

Can I require my employees to get a flu shot?

By: Amy Epstein Gluck

It’s the most wonderful time of the year! Are you singing that ditty on your way to work? No? Well, it’s not holiday time, but it is the start of flu season yet again.

This is on my mind because I got a flu shot late yesterday afternoon, felt like crap, and then went […]

Employers, Retaliating Against An Employee Who Discloses a Disability Is a Sure Way To Get Sued

By: Amy Epstein Gluck

Let’s start with this fun fact: retaliation is the most frequently filed discrimination claim.

Need proof? I’ll provide some statistics from the U.S. Equal Employment Opportunity Commission (EEOC):

Fiscal Year (FY) 2018 data shows that retaliation continued to be the most frequently filed charge filed;
retaliation charges comprised 51.6% of all charges filed last year with […]

How Do We Destigmatize and Accommodate Mental Health Impairments In The Workplace?

In honor of #mentalhealth awareness day, I remind you:

There is a lot of talk these days about diversity and inclusion. And about accommodating those with disabilities. Remember: providing accommodations applies to employees with mental impairments too.

Recently, the US Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the anti-discrimination laws, has reminded employers about […]

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 […]

Manager Training Time!

By: Amy Epstein Gluck

Guess what I’m doing this week?

Nope, not at the beach.

No, no, I’m not sipping a cappuccino at a charming Parisian bakery.

And, no, I’m not holed up in my basement office becoming more Vitamin D deficient by failing to step outside.

I’m TRAINING! What kind of training, you ask? I’m training managers as to […]

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, […]

Employers, Can You Fire An Employee In Rehab for An Opioid Addiction?

By: Amy Epstein Gluck

As the late, great Amy Winehouse sang:
They tried to make me go to rehab
I said, “no, no, no”
Employers, if an employee seeks leave to go to rehab, your refrain is more likely to be, “yes, yes, yes.”

Why?

If an employee seeks help to treat an addiction, said employee is likely protected by the Americans […]

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, […]

Whatever You Do, Don’t Worry … You May Not Get Hired!

Here’s a new case that will make you shake your head in wonder.

Seems that a Wisconsin inpatient residential health facility was just sued by the EEOC for alleged disability discrimination.

Nothing new here … I’ve been writing forever that the EEOC seems to be targeting health care professionals and facilities for disability or pregnancy discrimination.   Does the […]