Fisher Broyles Firm blog

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Fisher Broyles Firm blog

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Fisher Broyles Firm blog

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Pregnant? We Are Placing You On Unpaid Leave For Your Own Good

I’ve posted a lot about pregnancy discrimination under Title VII, which forbids employers from, among other things, discriminating against pregnant employees purporting to use concerns about their health or safety.  The Pregnancy Disability Act (“PDA”) of Title VII is often invoked by pregnant employees who are fired because the employer feels that she should not be working –…
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Just Say No (To Blanket Drug Exclusions For Job Applicants)

Everyone (hopefully) knows by now that the Americans With Disabilities Act (“ADA”) prohibits discrimination – in hiring or in the terms and conditions of employment — on the basis of disability or perceived disability. What about drug tests administered to job applicants?  How do they fit in? “Even when drug tests are permitted under the…
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Stop the Stigma, and Repeat After Me: “I have a disability and these are the accommodations I need”

By:  Amy Epstein Gluck As Rosemarie Garland Thomson wrote in the NYT this Sunday, “this is a claim to inclusion and right to access resources.” You’ve heard me say this before (like, here), that one in four adults in the U.S. suffer from some type of mental disability, and that number is even higher for people…
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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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What, A Wheelchair? Do Not Hire Him

I often wonder what sort of anti-discrimination training senior management folks receive when they so blatantly act in contravention of the law.   And what fuels such fears and myths about people with disabilities. The latest case filed by the EEOC is a good example of such fears and behavior, which, in this case, run afoul…
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Don't Be Chained To “Fears, Biases or Stereotypes” Against People With Disabilities

The EEOC’s Strategic Enforcement Plan (“SEP”) has, as one of its six national priorities, the elimination of barriers in recruitment and hiring.  Lately, the EEOC has seemed to focus upon deafness as a barrier to hiring — or as a reason for termination. We saw recently that “fears, biases or stereotypes” against people with disabilities is at…
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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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Deafness And Reasonable Accommodation

A newly filed lawsuit gives me the opportunity to discuss — once again – the Americans with Disabilities Act (“ADA”), deafness as a disability, and the requirement of “reasonable accommodations.” What Is “Reasonable Accommodations?” The ADA provides that an employer has impermissibly discriminated against an employee claiming a disability where the employer has not made…
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Alright – So I Like Beating Dead Horses!

I said that I wouldn’t do it anymore, but I can’t help it. So I like beating dead horses. The dead horse in question? The never-ending EEOC lawsuits filed under the ADA which target medical or health care providers. When I wrote recently about three new such lawsuits filed by the EEOC, I quoted an…
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Employers May Not Bar Pregnant Employees From Work Because Of Outdated Myths Or Stereotypes

Two months ago I did a post called “The ADA: No Employment Decisions Based Upon Fears, Myths and Stereotypes.” I wrote about an ADA case and commented that “Now is as good a time as any to come back to the issue of employers claiming to base adverse employment decisions upon the ‘best interests of the…
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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