FB Employment Discrimination Blog

Latest from FB Employment Discrimination Blog

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…
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, I found out about on a timely basis. (Thanks, Mom!) According to Hasbro, the dual…
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 shirt when she bussed his table. The focus is to protect service professionals from inappropriate customer interactions by…
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 with Disabilities Act (“ADA”) or, for small employers (with less than 15 employees),…
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 the use of homophobic slurs and insults about his sexuality. The employees also harassed the server’s straight friend,…
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, this past weekend, I read this article by a new mama at Google who penned a memo…
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 EEOC sees such health care folks as fat, juicy targets, for example, accusing the “helping” or “caring” professions,…
By Amy Epstein Gluck Hello, and happy end of summer! Like Rich, I am excited to participate in an EEOC panel in Baltimore at the EEOC Training Institute’s seminar about the Future of HR. Details: Where: Crowne Plaza Baltimore at the Inner Harbor, 105 W. Fayette Street When: August 26, 2019, at 9 a.m. Topic: The Future of HR is Today! What I’ll be talking about: What employers want to know about cannabis and medical…
By Amy Epstein Gluck Employers, do you have a workplace violence prevention plan? If not, you may want to consider creating one regardless of your size. After the shooting in Virginia Beach, I wrote about recognizing signs of possible impending workplace violence. I also promised to provide additional information for employers and HR to consider, but, like everyone else, I got busy—work deadlines, end of the year stuff for the kids, vacation plans. However, with…