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

You Were Genetically Built To Work Like A Dog, KaBobby!

Here’s one last post for the old year, may it rest in peace.  And it’s a doozy.* (Apology upfront: the employee at issue was allegedly told that he was “genetically built” to work two jobs because of his national origin, not to work like a dog. I took a little poetic license because it sounded…
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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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Why Can't You Just Let Her Use The Door …

If they would have only let her use the available non-revolving door – but, no, a Georgia managed health care provider (of all people) allegedly refused this accommodation to an employee with a disability which made it traumatic for her to enter revolving doors.  You would think that a health care provider would know better – and be more…
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Low Hanging Fruit: Take 967

Ok, this is a little different than the usual. Only a little. This particular health care provider which the EEOC nailed for $950,000 provides such care nationwide for jails and corrections facilities, not the public. But the takeaways are the same. I hope readers can by now in my refrain: “the EEOC likes to target health…
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Disabled Employees and Harassing Coworkers: Significant New Decision

Well, it took a while but the federal circuit appeals court in NY just joined it “sister circuits” and held that “hostile work environment claims are cognizable under the ADA.” What does this mean? Title VII provides that it “shall be an unlawful employment practice for an employer to fail or refuse to hire or to…
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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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The EEOC sees health care folks as fat, juicy targets in disability cases

It’s been some time now since I’ve written about the EEOC and “low hanging fruit” – so let me explain to new readers. My review of the cases brought by the EEOC in the last few years leads me to believe that the EEOC finds that targeting health care professionals for disability or pregnancy discrimination yields…
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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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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