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

Pregnant And Want A Workplace Accommodation? Forget It: ‘It’s Not Prison. You Can Quit!’

Pregnancy discrimination in the workplace is the subject of my new article in Above The Law. “One way of understanding the [Pregnancy Discrimination Act] PDA is to look to the Americans With Disabilities Act (“ADA”) — there are many similarities and intersections between the two statutes, from the intent and purpose to the accommodation requirements. …
Read More

Employers Cannot Play “Father Knows Best” To Pregnant Employees

It may seem that’s where we’re heading, but its no longer the ‘fifties.  Paternalism is a no-no when it comes to pregnant employees. We’ve said it before – it is against the law to discriminate – to fire – pregnant employees “for their own good.” One more employer has learned that lesson and is $55,000…
Read More

You Have Too Many Children: If You Get Pregnant You’re Fired!

Yes, this is exactly what a California wholesale distributer of orchids told female employees at staff meetings, according to a new EEOC lawsuit. And more. The employees were also told “not to get pregnant, that they have too many children, and the next person to get pregnant should stay home and consider herself fired.” And,…
Read More

Do Not Take Vacations: The EEOC Is Watching And Waiting

I’ve been on vacation for only a week – and boy, has the EEOC been busy! Four new lawsuits worth discussing:  racial harassment (with that old, ubiquitous N-word being used); pregnancy discrimination; violation of the ADA involving someone with diabetes; and national origin discrimination. The EEOC sued an oilfield services company in Texas for alleged “widespread…
Read More

Paternalism And Pregnant Employees: A Bad Idea

Pregnancy discrimination in employment is against the law.  This is true even if an employer claims to have the best interests of the employee in mind. This is, in fact, the classic example of paternalism – and employers must resist that notion.  It is illegal. To underscore this, the EEOC just sued a Florida corporation…
Read More

I’m A F….ing Idiot To Let A Pregnant Girl Work Behind The Bar

Myth, fears and outdated paternalistic notions about pregnancy still top the charts for scrutiny by the EEOC. I have often cited the EEOC’s six national priorities set forth in its Strategic Enforcement Plan (“SEP”).   One such priority is “to address emerging and developing issues … including issues involving the ADA and pregnancy-related limitations.” In this regard,…
Read More

New: NYC Enforcement Guidance on Pregnancy Discrimination

The New York City Commission on Human Rights just announced the publication of its “Legal Enforcement Guidance on Discrimination on the Basis of Pregnancy: Local Law No. 78 (2013); N.Y.C. Admin. Code § 8-107(22),” which is a must-read for NYC employers. It sets out what is considered pregnancy discrimination under NYC law – which is must…
Read More

Employers May Not Bar Pregnant Employees From Work Because Of Outdated Myths Or Stereotypes

Two months ago I did a post called “The ADA: No Employment Decisions Based Upon Fears, Myths and Stereotypes.” I wrote about an ADA case and commented that “Now is as good a time as any to come back to the issue of employers claiming to base adverse employment decisions upon the ‘best interests of the…
Read More

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.…
Read More

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…
Read More

Blog Categories

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