Truckers Sue Under The ADA
By Richard Cohen | | Accommodation of Disabilities, Uncategorized
I don’t know why, but it seems that employment discrimination lawsuits involving trucking companies are becoming a staple over at the EEOC. As I collect disability cases filed by the EEOC against medical and healthcare folks (“easy pickins’ for thhe EEOC”), it seems that I am encountering a growing number of such cases involving truck…
Read More Firing Of Pharmacist With Trypanophobia Upheld: He Could Not Perform Essential Job Function
By Richard Cohen | | Accommodation of Disabilities
An interesting new case involving a pharmacist with trypanophobia is in the news today. Seems that the federal appeals court in NYC was faced with an appeal by a major pharmacy chain from a whopping verdict of almost $2 million in favor of a pharmacist who had worked for it and its predecessors for 34 years…
Read More I Cannot Work On The Sabbath!
By Richard Cohen | | Uncategorized
This post could have been written last year – in fact, it was (almost)! Change the venue from North Carolina to South Carolina, and the religion from Seventh-day Adventist to Hebrew Pentecostal and the facts of today’s post are virtually identical to a post from last September. Seems that a South Carolina company hired a Hebrew…
Read More Refusal To Hire Deaf Applicants: Two EEOC Settlements
By Richard Cohen | | Discrimination in the Workplace, EEOC, Uncategorized
Two ADA cases filed by the EEOC involving hearing-impaired or deaf job applicants are in the news – one against an Ohio housing and care service provider. As readers know I track ADA cases filed by the EEOC against health care providers – of which there are an inordinate number – because I believe that they…
Read More Report To The EEOC For Five Years!
By Richard Cohen | | Uncategorized
Upfront Takeaway: If the EEOC sues you and you settle, you are likely not only to make a hefty payment, but to be required to be under EEOC oversight for many years. Can you say “Yes sir?” The latest company to settle is a manufacturing-tooling company in Indiana which withdrew a conditional job offer to…
Read More Papa John's Fires Employee With Down Syndrome: Must Now Make A Lotta Pizza!
By Richard Cohen | | Uncategorized
An employee of a Papa John’s Pizza in Utah who suffers from Down Syndrome satisfactorily – and happily – did his job for more than five months with “an independently employed and insured job coach to assist him.” That is, until an operating partner of the company visited the pizza place, saw the employee working…
Read More $300,000 For A Flu Vaccine?
By Richard Cohen | | Uncategorized
The title is a little misleading. What was the $300,000 for? It was the amount that a company had to pay in settling an EEOC case when it refused to accommodate an employee’s religious belief which prohibits vaccinations. Religious Discrimination Is An Increasing Workplace Problem The EEOC has stated that “Religious discrimination remains an issue in the American workplace.…
Read More Veteran Denied Job Because Of Company Medication Policy
By Richard Cohen | | Uncategorized
One more time the Takeaway comes first: Under the ADA you cannot discriminate against applicants or employees based upon a disability or perceived disability, and you must interact with the applicant or employee to determine if the person can perform the responsibilities of the job with or without reasonable accommodation. The largest refrigerated trucking company…
Read More Narcolepsy: A Real Disability Of A Real Person And Not Just A Legal Case
By Richard Cohen | | Uncategorized
As the writer of a blog on employment I am never at a loss for interesting content. I have always maintained that the workplace is a microcosm of society at large, and so there are always interesting cases, and, more important, real people behind these cases. It’s good when I am reminded of this. My post the…
Read More Narcoleptic Cop Wins Quarter Million Dollar ADA Jury Verdict
By Richard Cohen | | Uncategorized
A year ago I did a post entitled “Don’t Be Chained To ‘Fears, Biases or Stereotypes’ Against People With Disabilities.” Apparently the Austin police department learned this the hard way. An Austin-based detective with narcolepsy was awarded more than $240,000 by a jury in an Americans With Disabilities Act (”ADA”) “failure to accommodate” and retaliation…
Read More 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.
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.
