FB Employment Discrimination Blog

Latest from FB Employment Discrimination Blog

Last year I authored a post in Above The Law in which I mentioned an interview with Manolo Blahnik. Apparently, the modern workplace left him confused. “He shared an increasingly common workplace concern: can I still compliment women at work, or could that be considered sexual harassment?” Manolo bemoaned that “he struggles with knowing what he can say … ‘I cannot say, ‘How wonderful you look.’ I cannot pay compliments … because maybe it can be…
As you know, we here at FisherBroyles have only wonderful things to say about BigLaw.  Being refugees of BigLaw ourselves, we all loved (among so many other things): … its cutthroat intra-firm competition (what better way to hone necessary legal skills!); … its long hours devoted solely, of course, to client interests and personal/professional development; … its billable hour requirements (my favorite!) under constant computer surveillance, as if on a factory assembly line, which built perseverance, character,…
“Workplace inertia is like a lump of coal in your Christmas stocking,” says Eric B. Meyer in his world famous and award-winning, blog TheEmployerHandbook.com. We are very happy and proud that, as a holiday gift to our readers, we can give you, in its entirety  — Eric’s post!  It is sooo good and profound and sooo important, that we urge all lawyers to read it.  The graphics, photos (and occasional snippy comment) have been inserted by the editor…
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 not. Objectively, the conduct might be considered sexual harassment. But maybe not. This post is not…
We have not seen this type of workplace discrimination case often – outright harassment based upon religion. What we see are cases of discrimination based upon the wearing of religious garb (think hijab or yarmulka), or discrimination because an employee requires an accommodation for attending religious services or observance of the Sabbath. We have published many posts about the tension between religion beliefs and practices and an employer’s right to reasonable control of the workplace. This…
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 immigration laws; they may be unable to speak English; they may be physically isolated in the job, be it…
A Long Island location of what is touted as the “country’s largest casual Mexican restaurant chain,” has just settled an EEOC racial harassment lawsuit which, as usual, alleged that the N-word was used.   Apparently, an African-American chef at the restaurant: “was subjected to frequent verbal harassment and offensive language by co-workers. The harassment included the regular and open use of racial slurs such as ‘n—–r’ toward [him], as well as calling him other offensive…
The more things change … The latest internet “controversy” is the meme/joke/slur/put down/just kidding “OK, Boomer.” The number of articles and blog posts about this is astounding. Hit a nerve, maybe? Is it, as some argue, ageist? A workplace no-no? Or is it, as other argue, just a ribbing and not to be taken seriously?  Like a “stray remark,” maybe? I have not thought it through enough yet to offer an opinion or anything close…
Some time ago I analyzed court cases regarding the use of the N-word and nooses in workplace racial harassment cases.  I found in my (admittedly small, but not that small) sample, that either the N-word, a nooses, or both, were used in the vast majority of such cases. Since the federal standard for hostile workplace is “severe or pervasive” (NB. This is no longer the case, for example, in New York, which recently passed legislation easing…
Chalk up another easy settlement for the EEOC – an ADA disability lawsuit by an employee who worked for a non-profit which … (take a guess) … provides job opportunities to people with disabilities! Yes, here’s another health care or related provider which ignored our constant refrain that they are in the cross hairs of the EEOC because they are easy pickins.  They are … low hanging fruit!  Our readers know the refrain: it is…