FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Fired For Having A Brain Tumor Or A Seizure, Or Mocked For Being Disabled – Why Does This Happen?

Human nature is sometimes an inscrutable thing. Why do some people – adults! – find it necessary to harass those with disabilities? Is it simple bullying? Or maybe a fear-based projection or displacement or some other defense mechanism? And why treat adversely – like firing – someone who comes forward and says he has a…
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How Do We Destigmatize and Accommodate Mental Health Impairments In The Workplace?

In honor of #mentalhealth awareness day, I remind you: There is a lot of talk these days about diversity and inclusion. And about accommodating those with disabilities. Remember: providing accommodations applies to employees with mental impairments too. Recently, the US Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the anti-discrimination laws, has reminded…
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Vet With Service Dog Denied Employment: Was Company Asking The EEOC To Sue It?

There appears to be a new category of cases where the EEOC may be targeting employers who discriminate:  veterans with disabilities. Why? The employers are easy targets.  You know:  “low hanging fruit.” I already posted last week about the EEOC going after “fat, juicy targets”: My review of the cases brought by the EEOC in the last few years leads…
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Providing Employee With Crohn’s Disease A Flexible Bathroom Break Schedule: “Time Theft” Or Reasonable Accommodation?

Being moved closer to a bathroom doesn’t sound like it’s too burdensome an accommodation to an employee suffering from Crohn’s Disease – a condition included in the Americans With Disabilities Act (“ADA”) Amendments of 2008 as a disability. But an employee at an Amazon call center alleges in a new ADA lawsuit that the strict…
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So Sue Me: One MORE "Low Hanging Fruit" Case in 2018

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…
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One more “EEOC goes after low hanging fruit” post before the new year!!

For anyone just coming upon this blog, I like to highlight a few important trends or repeated fact patterns, such as code words for “old” in age discrimination cases, or the seeming increase in the use of the “N-word” in workplaces. And one of my favorites is posting about EEOC developments involving disability or pregnancy…
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Don’t Cry: You Can’t Peel An Onion But You Won Your Case!

This disability discrimination case arises from Northern Ireland – but the principle is applicable here in the US. Seems that a woman developed glaucoma and chronic uveitis when a teenager, and at 23 she lost all left eye vison. Significantly, she experienced terrible pain when she peeled fresh onions. And that’s what the problem was. She…
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Nursing and health care facilities must pay $465,000 – for discriminating against disabled and pregnant employees

Have you heard this one from me before: “Chalk up another healthcare provider nabbed by the EEOC for allegedly violating the Pregnancy Discrimination Act (“PDA”), an amendment to Title VII of the Civil Rights Act of 1964. Add this to the numerous such lawsuits brought against healthcare providers under the Americans With Disabilities Act (“ADA”).” Well,…
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Psst…did you know it was Disability Awareness Month?

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…
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Here’s What You Need To Know To “Accommodate” An Employee With A Disability

Let’s set the stage for this “how to” post with a newly-filed lawsuit. A Georgia for-profit thrift store was just sued by the EEOC, which alleged that an employee with COPD and emphysema asked to be allowed to wear an oxygen backpack to treat her symptoms.  Fairly simple request.  However, the company’s management denied her repeated…
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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

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.

Amy Gluck Fisher Broyles