Employers, Can You Fire An Employee In Rehab for An Opioid Addiction?
By Amy Epstein Gluck | | Abuse in the Workplace, Accommodation of Disabilities, Addiction, Disabilities and Accommodations (ADA), Discrimination in the Workplace, EEOC, Uncategorized
By: Amy Epstein Gluck As the late, great Amy Winehouse sang: They tried to make me go to rehab I said, “no, no, no” Employers, if an employee seeks leave to go to rehab, your refrain is more likely to be, “yes, yes, yes.” Why? If an employee seeks help to treat an addiction, said employee…
Read More When Does Title VII Protect “Perceived As” Claims Based On Race?
By Amy Epstein Gluck | | Abuse in the Workplace, Discrimination in the Workplace, EEOC, Sexual Harassment
By: Amy Epstein Gluck An interesting question, says the law geek, as I read about a British theater director who self-identified as Black. Now, he, the son of two white Irish parents, was actually not Black. However, people often assumed this dude was mixed race due to his hair and facial structure. He was “perceived…
Read More New Jersey Federal Court: Employer Need Not Waive Drug Test for Medical Marijuana User
By Amy Epstein Gluck | | Accommodation of Disabilities, Drug Testing, Marijuana in the Workplace
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 You’re Fired If You Go To Ghana! You Could Catch Ebola!
By Richard Cohen | | Uncategorized
This post is about Ebola – remember the fear? the panic?? Last year the EEOC sued a Tampa company under the Americans With Disabilities Act (“ADA”) for, as one EEOC official said, “Making employment decisions based on perceptions of disability [which] clearly violates federal civil rights law.” What was this case about? “Regarded As” Disability Firing an…
Read More Ebola, Trypanophobia, And Deafness: What Does The ADA Require?
By Richard Cohen | | Uncategorized
The questions raised by the Americans With Disabilities Act can’t be answered with a simple yes or no. From my new article in Above The Law: “Are you required to hire someone with a disability even if he cannot do the job? And can you refuse to hire someone who you think – maybe –…
Read More Employment Decisions Based Upon Perceptions Of Disability Violates The ADA
By Richard Cohen | | Uncategorized
Firing an employee if you perceive that he/she is disabled is just as violative of the Americans With Disabilities Act (“ADA”) as if he/she actually had a disability. A Tampa company was just sued by the EEOC under the ADA for, as one EEOC official said, “Making employment decisions based on perceptions of disability [which] clearly…
Read More Military Vet With PTSD Called “Psycho” By Boss: EEOC Files Suit
By Richard Cohen | | Uncategorized
We have recently seen a couple of cases of military veterans who were refused employment as truck drivers based upon a disability. A refusal to permit a reasonable accommodation for a disability violates the Americans With Disabilities Act (“ADA”). A recently filed suit by the EEOC in Florida alleged that a trucking company refused to…
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 One More Medical Provider Settles ADA Lawsuit
By Richard Cohen | | Uncategorized
Well, another healthcare provider has settled an ADA suit filed by the EEOC. Don’t medical and healthcare folks know by now that protecting people with disabilities in hiring and employment is one of the six priorities set forth by the EEOC in its Strategic Enforcement Plan (“SEP”)? And we know how the EEOC loves to target…
Read More Doctors Fire Doctor Taking Legally Prescribed Meds And Get Sued
By Richard Cohen | | Accommodation of Disabilities, EEOC
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…
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.
