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The EEOC says that “[p]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 status of their jobs. For example, they may fear running afoul of immigration laws; they may be unable to speak English;…
My guess is that most people — maybe not all – would not like to be called a hairbag. What’s a “hairbag??” (No, not that). A New York Times article today informs us … but first let’s step back a little… Recall that before I took a hiatus from blogging some months ago, I had a penchant for collecting ageist slurs or code words about older employees which I found in decisions and lawsuits, and warned employers…
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 Twitter about how disgusted and horrified he was by the billionaire’s language, and the…
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 to bed while my husband cackled that I’d gotten the flu. (Naturally, we’d been arguing that the flu…
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 the EEOC; nearly 40,000 workers filed retaliation charges against employers. So with these…
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 the significance of building a corporate culture that destigmatizes mental illness in the workplace. Apparently, charges…
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 based on sexual orientation, gender identity, gender expression, or transgender status constitutes discrimination “on the basis…
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 business free of unsavory behavior. In fact, you have read Sexual Harassment Prevention 101 and learned…
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 ADA/FMLA basics and curbing FMLA abuse as well as the significance of documentation in a…