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

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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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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Double header today!  Two health care agencies strike out!

Earlier today I posted about a healthcare provider in San Diego which settled an ADA suit filed by the EEOC.  It had allegedly withdrawn a contingent job offer to an applicant whose later medical examination revealed a minor ankle ailment which the company perceived as a disability. Now there’s another case involving a healthcare agency. The second case settlement reported today by the…
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Doctors Fire Doctor Taking Legally Prescribed Meds And Get Sued

By Richard Cohen Maybe my recent post about firing (or not hiring) employees who are taking legally prescribed medications was not read by two Atlanta physicians groups, because if they did they would have known that (1) terminating a physician “because of an actual disability and because he was perceived to be disabled due to his…
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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Myth, fears and outdated paternalistic notions about pregnancy still top the charts for scrutiny by the EEOC.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,…
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Five Tips If You're Planning To Fire A Pregnant Employee, Especially One With A Disability

The EEOC has long declared in its Strategic Enforcement Plan (“SEP”) that issues “involving the intersection between the ADA and pregnancy-related limitations is one of [its] six national priorities.” And as we have frequently seen, going after a medical or health facility for violations of these laws is not only a priority but “low hanging fruit”…
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GINA: If You Are An Employer You Should Know About It

Not many of us have come across a GINA case in our discrimination practice.  At least not yet — the law is only 5+ years old. Nonetheless, the EEOC has included GINA as one of its enforcement priorities in its Strategic Enforcement Plan (“SEP”), and it has, in fact, litigated a (small) number of such…
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Alright – So I Like Beating Dead Horses!

I said that I wouldn’t do it anymore, but I can’t help it. So I like beating dead horses. The dead horse in question? The never-ending EEOC lawsuits filed under the ADA which target medical or health care providers. When I wrote recently about three new such lawsuits filed by the EEOC, I quoted an…
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Hospitals And The ADA: EEOC Playing PR Game To Perfection

Emory University Hospital in Atlanta was just sued by the EEOC under the ADA for denying an employee a two-week leave extension after he had emergency surgery. An EEOC attorney said: “One would expect that a hospital, of all places, would show understanding and fairness toward an employee who had recently had emergency surgery.” No…
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One Last Dead Horse To Beat — The EEOC And Health Care Providers

Forgive me this once for beating a dead horse again, but the dead horses keep coming!  I mean the “dead horse” which I have kept beating and beating for years — the never ending flow of EEOC lawsuits under the ADA which target medical or health care providers.  Why won’t these medical folks ever learn? Three…
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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