Must An Employer Accommodate An Employee’s Refusal To Use A Co-Worker’s Preferred Pronouns?
By Amy Epstein Gluck | | LGBTQ+, Race, Religion, and National Origin
What is an employer to do when faced with conflicting legal obligations to different employees? One employee has the right to have their preferred pronouns utilized in the workplace and another is entitled to a accommodation based on her religious beliefs. That’s the dilemma confronted by the employer in Michigan, Bio Blood Components. The employer…
Read More Equal Employment Opportunity Too Heavy A Lift For One Employer
By Amy Epstein Gluck | | Sex Discrimination, Stereotype
The Equal Employment Opportunity Commission (EEOC), enforcer of federal anti-discrimination laws, settled a case with one employer that allegedly failed to hire a female applicant, who possessed equal or more experience than male applicants, because the position required the applicant to lift and move heavy objects. According to the lawsuit, the store manager expressed skepticism…
Read More New Paid Sick Leave in Spain Alleviates Pain
By Amy Epstein Gluck | | General Employer Guidance
Employers, do you have that employee who is regularly out sick at the same time each month? Whether you noticed this or not, many women have to take sick days from work due to painful periods. Spain recognizes the need here. Women in Spain now have the right to three days of menstrual leave a…
Read More Have You Heard? The EEOC Issued New Guidance About Hearing Disabilities In the Workplace
By Amy Epstein Gluck | | Accommodation of Disabilities, Disabilities and Accommodations (ADA)
The Equal Employment Opportunity Commission (EEOC) wants to remind employers that the Americans with Disabilities Act (ADA) protects deaf applicants and employees as well as those who have milder hearing disabilities. Employers want to listen carefully. Puns aside, the newly released EEOC Guidance extensively explains a few salient topics: The EEOC, the federal agency that…
Read More FTC to Employers: Say Goodbye to Your Non-Competes
By Amy Epstein Gluck | | General Employer Guidance, Noncompetes
Co-Authored with Christina Bost Seaton Explosive news issued from the Federal Trade Commission (FTC) when it proposed a rule on January 5, 2023, purporting to ban all non-compete provisions by all employers (regardless of size) as to all workers. Notice that we wrote “workers,” not employees. That’s right. The proposed rule would apply to independent…
Read More Congress Bumped Up Workplace Protections for Pregnant and Nursing Employees
By Amy Epstein Gluck | | General Employer Guidance, Parent Category, Pregnancy Discrimination, Sex Discrimination
As 2022 wound down, federal legislators passed two new workplace laws: the Pregnancy Fairness Workers Act (PFWA) and the Providing Urgent Maternal Protections (PUMP) Act. Employers may wonder about the necessity of the PFWA when employers (with more than 15 employees) must follow the Pregnancy Discrimination Act (PDA). Similarly, what additional protections does the PUMP Act…
Read More Employment Review For 2022
By Amy Epstein Gluck | | General Employer Guidance
Employers, it’s almost a new year. I hope that your business has thrived, your employment policies have been effective (and updated), your managers have been trained, and that you have not been the subject of any workplace investigation by a federal, state, or local agency. Reflecting on 2022 helps employers level-set for 2023. To move…
Read More When Love Is “On The Air” At Work
By Amy Epstein Gluck | | General Employer Guidance
I am following avidly the plight of ABC News co-anchors T.J. Holmes and Amy Robach whose recently discovered romantic involvement led their employer to temporarily suspend them. According to this New York Times article, neither employee informed their boss about their relationship. Neither employee violated the law. Whether they violated company policy is unknown (ABC…
Read More Employers, Don’t Throw Away Your Shot To Prevent And Remedy Antisemitism
By Amy Epstein Gluck | | Race, Religion, and National Origin, Stereotype
As most have heard by now, the National Basketball Association (NBA) and the Brooklyn Nets suspended star player Kyrie Irving for espousing, and then not disavowing, antisemitism. Irving promoted a well-known antisemitic documentary on Twitter. Unlike when I tweet about some case or new workplace law, when Irving tweets, more than 4.6 million people may…
Read More Providing An Accommodation Is Not “A Shield From Criticism”
By Amy Epstein Gluck | | Accommodation of Disabilities, Disabilities and Accommodations (ADA), Discrimination in the Workplace
In yesterday’s “Work Friend” column in The New York Times, “Anonymous” writes to columnist (and acclaimed author) Roxane Gay complaining that a direct report’s chronic health condition causes unpredictability in attendance and inconsistent performance. Anonymous writes that HR supports and works with this employee. (Yay HR!) But Anonymous is frustrated because when trying to provide…
Read More RICHARD COHEN
Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States.
AMY EPSTEIN GLUCK
Amy Epstein Gluck has represented individuals and corporate clients in Virginia, Washington, D.C., and various federal district courts for more than twenty years. Ms. Epstein Gluck’s current practice areas include employment law—advising on and drafting employment agreements; handling employment negotiations, severance agreements, noncompete and nondisclosure agreements, “wrongful terminations” and other EEO matters; representation at the EEOC level; advising employers about discrimination laws and how to remain in compliance, and employment negotiations.
