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

COVID-19 Is Impacting Your Employees’ Mental Health

Are you prepared? Do you have procedures in place to handle the mounting requests for accommodations? While my management side employment practice has always included helping employers navigate their legal obligations to accommodate employees with disabilities under various federal, state, and/or local laws, this one aspect has skyrocketed in recent months. And it’s no wonder.…
Read More

Employers, Are Your Supervisors Prepared for Accommodation Requests for Mental Health Issues?

By: Amy Epstein Gluck If your answer is anything other than “yes, absolutely,” we should really talk. The Americans with Disabilities Act (ADA) protects qualified employees with mental health impairments the same as it does employees with physical disabilities—as long as the employee can perform the essential functions of the job and the accommodation does not impose…
Read More

Employers, Retaliating Against An Employee Who Discloses a Disability Is a Sure Way To Get Sued

By: Amy Epstein Gluck Let’s start with this fun fact: retaliation is the most frequently filed discrimination claim. Need proof? I’ll provide some statistics from the U.S. Equal Employment Opportunity Commission (EEOC): Fiscal Year (FY) 2018 data shows that retaliation continued to be the most frequently filed charge filed; retaliation charges comprised 51.6% of all charges…
Read More

Failing To Provide Accommodations for Mental Health Issues Comes At A Price

By: Amy Epstein Gluck Employers must catch on: mental illness is prevalent in our workplaces. According to the National Alliance on Mental Illness (NAMI), approximately 1 in 5 adults —43.8 million, or 18.5%—experiences mental illness in a given year, and of those adults, about 1 in 25 adults in the U.S.—9.8 million, or 4.0%—experiences a serious mental illness…
Read More

Employers, Do You Have “Meaningful Measures” In Place to Combat Disability Discrimination? #ADA

By:  Amy Epstein Gluck What’s not a good idea? Terminating an employee who requests a reasonable accommodation. Or failing to even discuss said accommodation. One employer found this out the hard way. Yesterday, the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the federal anti-discrimination laws including the Americans With Disabilities Act (ADA),…
Read More

New Jersey Federal Court: Employer Need Not Waive Drug Test for Medical Marijuana User

By: Amy Epstein Gluck Remember—despite the legalization of medical marijuana in a majority of states, marijuana remains illegal under the federal Controlled Substances Act (“CSA”), which lists cannabis as a prohibited Schedule 1 illegal drug. What does it mean to be a Schedule 1 drug? “Schedule I drugs, substances, or chemicals are defined as drugs…
Read More

Employers, Do You Need To Accommodate An Employee’s Use of Medical Marijuana?

By:  Amy Epstein Gluck Maybe. But maybe the question is not whether you need to but whether you should, given the way the judicial winds have been blowing. We have long been blogging about the Americans with Disabilities Act’s (“ADA”) requirements that employers (with more than 15 employees) must provide a reasonable accommodation to a qualified employee…
Read More

Medical Marijuana and the Workplace—What Employers Want to Know

By:  Amy Epstein Gluck So, a couple of weeks ago, I spoke at the Cannabis Law Summit about marijuana in the workplace to a room full of industry experts. I did so for two reasons: First, business owners, CEOs, and HR departments are asking about how they should contend with employees who take medical marijuana…
Read More

Reminder—Destigmatization of Mental Illness In The Workplace

By:  Amy Epstein Gluck 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 employers about the significance of…
Read More

The ADA’s Interactive Process—Not “One and Done”

By:  Amy Epstein Gluck “I provided medical leave for Joe Schmoe [or Sally Jessie]. Aren’t I done? Haven’t I complied with the law?” Sometimes yes, and sometimes no. Yesterday, the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the federal anti-discrimination laws, announced a large (i.e., six figures) monetary settlement against an employer—a…
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