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

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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Disability Bias: Changing Employer Attitudes And Perceptions

I wrote a short post last week about a study highlighted in the recent New York Times article entitled “Study Using Fake Job Letters Exposes Bias Against Disabled.” I noted that the study “found a shockingly high rate of employment discrimination based upon disability – especially in companies not covered by the ADA. “ Some readers who reviewed…
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Disability Discrimination In Employment: New Study

An article in today’s New York Times reports on a significant study from Rutgers and Syracuse U. which found a shockingly high rate of employment discrimination based upon disability – especially in companies not covered by the ADA.   One professor called the study “the first serious attempt to do this kind of experiment on disability discrimination…
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The ADA: No Employment Decisions Based Upon Fears, Myths and Stereotypes

The EEOC recently sued Amtrak under the Americans With Disabilities Act (“ADA”) alleging that Amtrak withdrew an offer of employment to a machinist in a rail yard when it found out that he suffered from epilepsy.  Amtrak allegedly cited fears for the applicant’s safety “should he have a seizure.”  However, as reported in The Hill, the…
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More "Low Hanging Fruit" Plucked By The EEOC: "Perceived As" Disability

Another health care facility has been sued by the EEOC for alleged violations of the ADA – this time for violating the “perceived as” disabled provision. A San Diego surgical center – the Sharp Memorial Outpatient Pavilion – allegedly refused to hire an applicant with a minor ankle problem that the EEOC said would not…
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Is “Shooting Fish In A Barrel” A Lost Sport?

I thought that a new case of a health care provider being caught discriminating on the basis of disability would be a good way to start this blog, since I spent so much time writing about this phenomenon in my old blog.  Recall the characterizations “low hanging fruit,” and “shooting fish in a barrel?” I did…
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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