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

SCOTUS: Discrimination Based on Sexual Orientation or Transgender Status is Sex Discrimination And Violates Federal Law

By: Amy Epstein Gluck An employer who fires or takes an adverse action against an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964 (“Title VII”). So said the Supreme Court of the United States (“SCOTUS”) on June 15, 2020, a little more than eight months after…
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Employers, Can You Fire An Employee For Being Gay or Transgender?

By:  Amy Epstein Gluck We will soon see—at least under federal law. What am I talking about? Tomorrow, October 8, the Supreme Court of the United States (SCOTUS) will do what it does when states and federal courts and agencies are divided on an important issue: it will hear arguments on three cases in order to…
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EEOC to Employers: Ignore Harassment Complaints Based on LGBTQ Status At Your Peril

By: Amy Epstein Gluck The Equal Employment Opportunity Commission (EEOC) recently entered into a consent decree with a Tex-Mex restaurant in Gainesville, Virginia (up to an hour from the DMV—without traffic) settling a lawsuit alleging that restaurant employees, including other servers and kitchen staff, subjected a gay male server to “unwelcome harassing and offensive behavior” that…
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What's All The Fuss? SCOTUS (Finally) Considers Whether Adverse Decisions Against LGBT Employees Constitute Sex Discrimination In Violation of Title VII

By:  Amy Epstein Gluck With this post, I join the multitude of bloggers writing about the historical announcement yesterday that the Supreme Court of the United States (SCOTUS) will hear and decide a series of cases this fall to determine whether the federal law prohibiting discrimination on the basis of “sex,” Title VII of the Civil…
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Hey 2019, How Is Corporate America Doing With LGBT Policies?

By: Amy Epstein Gluck The Human Rights Campaign (HRC) Foundation gives us some indicator to answer this question. Last week, the HRC released its 2019 Corporate Equality Index report— a national benchmarking tool on corporate policies and practices related to lesbian, gay, bisexual, and transgender (LGBT) equality. Some results are as follows: 571 US companies and law…
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You Should Dress More Gender Appropriate

By: Amy Epstein Gluck The American Civil Liberties Union (ACLU) is taking on Chili’s. No, it’s not because a server added to salt to a margarita when a customer specifically asked for no salt (this happens to me a lot), and it’s not because there were not enough jalapeños on the nachos. Rather, the ACLU…
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Sexual Harassment: R-E-S-P-E-C-T in Fire Departments

By: Amy Epstein Gluck Damn, I miss Aretha. Back, way back, in early 2016, I told you here about a Colorado fire department’s $75,000 settlement with a former female firefighter to settle claims of gender discrimination and sexual harassment. The woman had filed a complaint with the EEOC (a complainant’s necessary first step prior to…
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Sexual Orientation—Might the 8th Circuit Join the Second, Sixth, and Seventh Circuits’ Party?

By:  Amy Epstein Gluck Recently, sixteen attorneys general across the country filed an amicus brief (this is Latin for “friend of the court” and brings to a court’s attention other relevant, helpful matters that it may not have already considered) on behalf of their respective states seeking to prohibit discrimination based on sexual orientation under federal law.…
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Will The NY Federal Appeals Court Reconsider Whether Title VII Covers Sexual Orientation?

A little more than a month ago, a three-judge federal appeals panel in New York City held in Christiansen v. Omnicom Grp., No. 16-478, 2017 WL 1130183, at *2 (2d Cir. Mar. 27, 2017), that Title VII does not cover sexual orientation discrimination claims. The Court seemed to be unhappy with its decision, holding that…
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ALERT! Court of Appeals In Chicago Finds Title VII Includes Sexual Orientation

While the federal court of appeals in NYC dithered and punted last week by issuing a decision of woulda coulda shoulda – the federal court of appeals in Chicago actually did something of landmark status today:  it confirmed that sexual orientation is covered by  Title VII. More on the decision tomorrow!  
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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