Glass Ceiling Discrimination Blog

Should the legal standard for harassment/hostile work environment claims be redefined?

With the possibility of more employees returning to the office in 2021, momentum is building at the state and local levels to rethink what an employee must show to prove they have been harassed at ...

New case: a single, vile slur could create a hostile work environment under Title VII 

Yesterday, the Second Circuit Court of Appeals ruled that a supervisor allegedly calling an employee, “You fucking n***er,” could, without more, be enough to establish a hostile work environment under Title VII.  Daniel v. T&M ...
race discrimination lawyer; Bachman Law

What is the Pregnant Workers Fairness Act and what happens if it becomes law?

Last week, the House of Representatives passed the Pregnant Workers Fairness Act (PWFA) (H.R. 2694), which could have major implications for companies around the country. If enacted, the PWFA would require most employers to provide reasonable accommodations ...

ADA “perceived as disabled” employment lawsuits in the age of COVID-19

It’s generally recognized that the Americans with Disabilities Act (ADA) protects individuals with disabilities from employment discrimination, but less well-known is that the ADA also protects employees who are not disabled but are perceived as being so ...

The differences between workplace bullying and a “hostile work environment”

Workplace bullying and its damaging effects have been hot topics in the news recently. In these stories, a generally toxic office culture is often discussed interchangeably with the legal concept of a hostile work environment. ...

The ABC’s of emotional distress damages in employment discrimination and retaliation cases

In employment discrimination cases, perhaps the most obvious form of damages is lost pay if the employee is forced to leave the company. But an equally, and in some cases more impactful, remedy is emotional ...

Age discrimination lawyer Eric Bachman interviewed by Bloomberg Law about older workers navigating Covid-19

Bloomberg Law recently spoke with age discrimination lawyer Eric Bachman about the Catch-22 that many older employees may find themselves in once companies start rehiring employees:  “Return to work and risk exposure, or refuse and ...

What does it mean to “mitigate your damages” in an employment case?

If an employer unlawfully fires an employee because of, for example, their age or gender, or because they are a whistleblower, then the employee can win significant lost pay damages in court. In fact, Title VII ...

Law firm used COVID-19 layoff as pretext for age discrimination, complaint alleges

Recently the Glass Ceiling Discrimination Blog wrote about how employers might use COVID-19 layoffs as a pretext for illegal discrimination, including firing older (and more expensive) workers as well as employees who had blown the ...

Congress has a chance to protect pregnant employees with the Pregnant Workers Fairness Act

There has been a lot of talk recently about a lack of protections for employees, especially the most vulnerable in the United States. In January, the House Education and Labor Committee approved the Pregnant Workers ...
Scroll to Top