Fisher Broyles Firm blog

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Fisher Broyles Firm blog

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Fisher Broyles Firm blog

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

It's Not A Good Idea To Have A Policy Of Firing Employees When They Turn 62

A large Wisconsin heating and plumbing contractor learned the hard way that it is not OK to have a policy of firing people simply because they turn 62.  Or to retaliate when the employees contend (correctly) that this is illegal. As an EEOC attorney put it, besides being illegal, this type of policy or practice “rupture[s] the…
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Beating A Dead Horse About The EEOC’s “Shooting Fish In A Barrel”

Ok, enough. I promise no more mixed metaphors or posts about the EEOC going after medical or health care facilities for alleged violations of the ADA because, as I believe, they are easy pickins. No more “shooting fish in a barrel” or “plucking low hanging fruit, or other such things. Well, maybe just this once.…
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Henry's Turkey Raises It's Wattled Head – Again

In one of my last blog posts at my old firm (you know, where I am now known by my pen name, “Fox”), I wrote about the heartbreaking case of the intellectually disabled workers at Henry’s Turkey who were paid $65 a month eviscerating turkeys.  I called Henry’s “the poster bird for the abuse of intellectually disabled…
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EEOC's Duty To Investigate: Limited Judicial Oversight, Says Appeals Court

Let’s face it – law and politics are inextricably intertwined. Under the last administration, the EEOC was relatively quiescent and employers spent little time addressing or attacking it or its role in discrimination cases.  (Note that before a charging party can sue in federal court she has to file a charge with the EEOC and go through the EEOC…
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The EEOC: "Religious Freedom and Inclusiveness"

Religious discrimination, formerly a backwater of discrimination law, has shot to the forefront in recent years.   Public policy and the expansion of the reach of Title VII meet claims of religious discrimination.   The political/legal struggles will likely take a while to resolve, if at all.   But one thing is certain: the EEOC has decidedly not abandoned its…
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The ADA: No Employment Decisions Based Upon Fears, Myths and Stereotypes

The EEOC recently sued Amtrak under the Americans With Disabilities Act (“ADA”) alleging that Amtrak withdrew an offer of employment to a machinist in a rail yard when it found out that he suffered from epilepsy.  Amtrak allegedly cited fears for the applicant’s safety “should he have a seizure.”  However, as reported in The Hill, the…
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Can Algorithms Learn To Discriminate In Employment Decisions?

Recently the New York Times discussed how algorithms learn to discriminate.  What’s that you say? The Times reporter wrote that “Algorithms have become one of the most powerful arbiters in our lives. They make decisions about the news we read, the jobs we get, the people we meet, the schools we attend and the ads…
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More "Low Hanging Fruit" Plucked By The EEOC: "Perceived As" Disability

Another health care facility has been sued by the EEOC for alleged violations of the ADA – this time for violating the “perceived as” disabled provision. A San Diego surgical center – the Sharp Memorial Outpatient Pavilion – allegedly refused to hire an applicant with a minor ankle problem that the EEOC said would not…
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“When to Tell a Prospective Employer That You’re Pregnant”

In today’s New York Times, Rob Walker (a/k/a “The Workologist”) entertained a question from “Anonymous,” who had been negotiating a new job and its relocation terms, and disclosed to the prospective employer that she was pregnant. She did not get the job. She asked “Should I have withheld this information?” Citing an EEOC official, The…
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Is “Shooting Fish In A Barrel” A Lost Sport?

I thought that a new case of a health care provider being caught discriminating on the basis of disability would be a good way to start this blog, since I spent so much time writing about this phenomenon in my old blog.  Recall the characterizations “low hanging fruit,” and “shooting fish in a barrel?” I did…
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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.

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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.

Richard Cohen Fisher Broyles

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