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

Employment Decisions Based Upon Perceptions Of Disability Violates The ADA

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…
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One More Medical Provider Settles ADA Lawsuit

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…
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"That's So 'Retarded!'" Stop Stigmatizing Those with Mental Impairments

By:  Amy Epstein Gluck “Ugh, why do you hang out with her?  She’s mental.” “Stop being psycho!” “You’re crazy!” Such language was ubiquitous in the 70’s and 80’s growing up in South Florida. I didn’t think anything of it.  Someone did something dumb or forgetful, it was “retarded.”  A display of high emotion from parents,…
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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…
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New Digital Platforms: Answer To Workplace Harassment?

Some interesting things have come out of the recent public meeting of the EEOC’s Select Task Force on the Study of Harassment in the Workplace (“STF”), where workplace experts testified. I found three points most compelling, one of which was novel to me. The EEOC was told that “new digital platforms may provide meaningful ways…
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Is There Disability Discrimination If The Employer Didn’t Know The Terminated Plaintiff Had A Disability?

A recent court decision presents an interesting fact pattern not often seen in ADA cases. As we know, the ADA prevents discrimination against a qualified individual on the basis of disability, if the plaintiff can show that (1) he is disabled; (2) he is otherwise qualified for the position with or without reasonable accommodation; (3)…
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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