HR: Do Not Delay When Designating Leave Under the FMLA
By Amy Epstein Gluck |
By Amy Epstein Gluck As readers of this blog know, I don’t wade into FMLA territory. I leave that for my employment law partner Eric Meyer or to FMLA guru, Jeff Nowak at FMLA Insights. However, a wonderful bout of insomnia early this morning has me on the computer and my third cup of coffee by 7…
Read More Job Applicants and the ADA
By Amy Epstein Gluck |
By Amy Epstein Gluck Does the Americans With Disabilities Act (ADA) apply to job applicants as well as employees? Yes, indeed! One employer, an international customer service support provider for electronic devices in Nashville, Tennessee, just learned this lesson as it paid up $50K in a settlement with the Equal Employment Opportunity Commission (EEOC) for rejecting a…
Read More Opposition and Retaliation—Key Components of Laws Like Title VII and the ADA
By Amy Epstein Gluck |
By Amy Epstein Gluck Yesterday, the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the federal anti-discrimination and anti-harassment laws, sued a Maryland-based employer for terminating a director because she spoke out against what she believed was disability discrimination perpetuated against her subordinate employee. The director complained to the HR Department of her…
Read More So Sue Me: One MORE "Low Hanging Fruit" Case in 2018
By Richard Cohen |
Well, I was wrong – my post last week was not the last one of the year, as I had promised, dealing with the EEOC’s targeting of “low hanging fruit.” That is, targeting health care providers for alleged disability law violations. These cases are coming fast and furious. The EEOC just reached a “voluntary conciliation…
Read More The Missing Link? NO! The Causal Link Needed to Prove Pretext of Discrimination
By Amy Epstein Gluck |
By: Amy Epstein Gluck Here’s an interesting decision for employers that caught my eye this morning, which illustrates a significant aspect of employment discrimination litigation—there must be a nexus, a link, nay a causal link between the alleged discrimination and the adverse decision. Facts of One Case Discussing this Causal Link An employer, a battery…
Read More Employers, Do You Have “Meaningful Measures” In Place to Combat Disability Discrimination? #ADA
By Amy Epstein Gluck |
By: Amy Epstein Gluck What’s not a good idea? Terminating an employee who requests a reasonable accommodation. Or failing to even discuss said accommodation. One employer found this out the hard way. Yesterday, the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the federal anti-discrimination laws including the Americans With Disabilities Act (ADA),…
Read More Psst…did you know it was Disability Awareness Month?
By Amy Epstein Gluck |
By: Amy Epstein Gluck Well, it is! And, in honor of that, I bring you a new law affecting most New York City employers, at least those with more than four employees. The law applies to all of your employees, whether full- or part-time, interns (paid or unpaid), temps, and protects more NYC employees than…
Read More New Jersey Federal Court: Employer Need Not Waive Drug Test for Medical Marijuana User
By Amy Epstein Gluck |
By: Amy Epstein Gluck Remember—despite the legalization of medical marijuana in a majority of states, marijuana remains illegal under the federal Controlled Substances Act (“CSA”), which lists cannabis as a prohibited Schedule 1 illegal drug. What does it mean to be a Schedule 1 drug? “Schedule I drugs, substances, or chemicals are defined as drugs…
Read More Oklahoma!
By Amy Epstein Gluck |
By: Amy Epstein Gluck No, I’m not talking about the Rodgers and Hammerstein musical and then film where girl chooses between two boys. I’m talking about marijuana. Medical marijuana. Oklahoma recently became the latest state to enact a medical marijuana law. The relevance from an employment law standpoint is that employers can no longer take…
Read More Employers, Do You Need To Accommodate An Employee’s Use of Medical Marijuana?
By Amy Epstein Gluck |
By: Amy Epstein Gluck Maybe. But maybe the question is not whether you need to but whether you should, given the way the judicial winds have been blowing. We have long been blogging about the Americans with Disabilities Act’s (“ADA”) requirements that employers (with more than 15 employees) must provide a reasonable accommodation to a qualified employee…
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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.
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.
