Discrimination

  • April 12, 2024

    AAA Wants Dismissal Over Depo No Show For Solar Eclipse

    AAA asked a Florida federal court to toss a former employee's gender discrimination suit after he skipped out on a deposition to watch the solar eclipse, part of a pattern of nonprosecution and delay of the case that AAA says should warrant dismissal.

  • April 12, 2024

    Dunn DeSantis Expands San Diego Office With 7 Attorneys

    Dunn DeSantis Walt & Kendrick LLP recently expanded its San Diego office with the addition of seven employment law attorneys, the firm said in a statement.

  • April 12, 2024

    'Much More Is Coming': Experts See Wave Of AI-Related Suits

    Legal experts speaking Friday at the University of California, Berkeley School of Law's symposium on artificial intelligence and evidence in civil litigation warned that broadening usage and increased regulation will lead to a wave of litigation over the technology, leaving courts to analyze the "black box" of corporate AI algorithms to determine liability.

  • April 12, 2024

    Berry Appleman Faces Disability Bias Suit By Ex-Tech Lead

    Global immigration law firm Berry Appleman & Leiden is facing a disability discrimination suit filed Friday in Texas federal court by its former software tech lead, who says the firm set him up to fail when he sought reasonable accommodations for a coding project due to side effects from his medication.

  • April 12, 2024

    Petition Watch: Judge DQs, 'Excessive' Damages & Price Wars

    A former al-Qaida member has asked the U.S. Supreme Court to clarify disqualification protocol for judges overseeing a case related to their prior work as a government attorney, and energy drink manufacturers want the court to develop a modern-day test to determine if companies qualify as price-discrimination competitors. Here's four high court petitions filed recently that you might've missed.

  • April 12, 2024

    Jackson Lewis Hires Employment Litigator In Baltimore

    Employer-side firm Jackson Lewis PC has added a former U.S. Equal Employment Opportunity Commission litigator to its Baltimore office who says her experience with the federal bias watchdog gives her a comprehensive view on how to advise clients.

  • April 12, 2024

    Nurse Accused Of Drinking Keeps Disability Bias Suit Alive

    A Pennsylvania federal judge declined to toss the crux of a nurse's disability bias suit alleging the University of Pittsburgh Medical Center forcibly sedated him after claiming he was drunk on the job, ruling the former worker put forward enough detail showing the incident may have been prejudicial.

  • April 12, 2024

    11th Circ. Axes Religious Bias Suit Against LinkedIn

    An Eleventh Circuit panel on Friday tossed a Florida woman's suit claiming LinkedIn banned her for spreading COVID-19 vaccine misinformation, finding she abandoned her appeal by failing to support her arguments.

  • April 12, 2024

    Chicago Water Workers' Race Bias Suit Headed To Trial

    The City of Chicago can't dodge a lawsuit alleging its water management department created a work environment replete with racist slurs and subjected Black workers to harsher punishment than white colleagues, with an Illinois federal judge ruling Friday the workers provided enough evidence to proceed to trial.

  • April 12, 2024

    What Employers Should Know About Fla., Ariz. Abortion Bans

    Recent state supreme court decisions approving strict abortion bans in Arizona and Florida will have effects that are felt in the workplace, experts said, warning that employers should be prepared to accommodate workers and deal with disagreements. Here, Law360 looks at four things employers in those states, and in others that have implemented or may implement abortion bans, should be prepared to tackle.

  • April 12, 2024

    Whole Foods Illegally Sought Group Chats, NLRB Judge Says

    Whole Foods illegally requested group chat messages between a fired employee and co-workers as part of a Title VII case now before the First Circuit, a National Labor Relations Board judge ruled, finding the co-workers have a right to shield communications about their protected activities.

  • April 12, 2024

    Calif. Forecast: Twitter Wants Age Bias Suit Tossed

    In the coming week, attorneys should keep an eye out for the potential dismissal of a proposed age discrimination class and collective action against Twitter Inc. and its successor, X Corp. Here's a look at that case and other labor and employment matters on deck in California.

  • April 12, 2024

    NY Forecast: 2nd Circ. Hears Tech Co. Retaliation Suit

    This week, the Second Circuit will consider a former marketing manager's lawsuit claiming that the head of the technology company where she worked sexually harassed her and that she was fired after she refused his advances. Here, Law360 explores this and other cases on the docket in New York.

  • April 12, 2024

    Off-Road Vehicle Dealer Strikes Deal In EEOC Sex Bias Suit

    A motor sports retailer will settle a U.S. Equal Employment Opportunity Commission suit alleging it told a female sales manager her role was being scrapped and fired her, only to replace her with a less-experienced man, according to a filing in Oklahoma federal court.

  • April 11, 2024

    4th Circ. Backs Navy's Win In Black Employee's Bias Case

    The Fourth Circuit refused to upend the U.S. Navy's defeat of a Black civilian employee's lawsuit alleging he lost a promotion because he'd complained about being treated worse than white colleagues, finding Thursday he failed to overcome the government's reasoning that another candidate had better qualifications.

  • April 11, 2024

    Split 6th Circ. Upends Jail Worker's $1.5M Win In USERRA Suit

    A split Sixth Circuit panel on Thursday overturned a former county jail employee's $1.5 million jury trial win in his lawsuit alleging he was wrongly accused of taking invalid military leave and then fired, despite a dissent calling the majority's finding that he waived his right to sue "deplorable."

  • April 11, 2024

    Jewish Attys Sue Union Over Dues After Pro-Palestine Stance

    A public defenders union violated the First Amendment by forcing two Jewish attorneys who oppose its pro-Palestine rhetoric to continue paying dues, the New York City-based attorneys claimed in a federal lawsuit filed Thursday, naming the city and their employer as defendants as well.

  • April 11, 2024

    Full 8th Circ. Hears Ark. Bid To Revive Youth Trans Care Ban

    An en banc panel of the Eighth Circuit weighing whether to revive an Arkansas state law that banned gender-affirming care for children and teens heard oral arguments Thursday, as Arkansas officials sought to demonstrate that the law does not unconstitutionally discriminate based on sex.

  • April 11, 2024

    2nd Circ. Rules Flores Can't Block NFL's Arbitration Challenge

    The Second Circuit on Thursday handed the NFL a win in its effort to overturn a decision that kept former Miami Dolphins head coach Brian Flores' racial discrimination lawsuit out of arbitration, ruling Flores cannot cross-appeal the NFL's appeal of a lower court decision leaving the suit in federal court.

  • April 11, 2024

    Black Workers, Fish Farm Settle Claims Of Migrant Hiring Bias

    Black farmers and a Mississippi-based fish farm have agreed to settle claims that the farm pushed out the U.S. citizen farmers in favor of Mexican migrant workers, they announced to a Mississippi federal court on Thursday.

  • April 11, 2024

    Partisan Split On Display As EEOC Makes Policy Strides

    Since gaining a Democratic majority in August, the five-seat U.S. Equal Employment Opportunity Commission found common ground on age and race bias claims, but split down party lines on all of its major regulatory moves and cases addressing emerging issues like LGBTQ bias.

  • April 11, 2024

    Supermarket Chain Settles Fired Manager's Sex Bias Suit

    A supermarket chain will pay a former store manager $25,000 to shutter her New York federal court suit claiming she was paid less than her male counterparts, and she was fired after complaining that her male supervisor favored those male colleagues, according to a Thursday filing.

  • April 11, 2024

    Texas Staffing Co. Settles Noncitizen Bias Claims

    A Texas staffing company settled the federal government's claims that it discriminated against a man by requiring he show his green card to prove he can work in the U.S., the U.S. Department of Justice announced Thursday.

  • April 11, 2024

    Ex-COO Sues NJ Law Firm, Claiming Sexual Harassment

    The former chief operating officer of New Jersey personal injury giant Garces Grabler & LeBrocq PC sued the firm Wednesday for sexual harassment and discrimination, alleging firm leaders unfairly impeded her from doing her job and made lewd comments about her.

  • April 11, 2024

    Ex-NFL Players Near Settlement In Race-Norming Benefits Suit

    Two former players whose lawsuit accuses the NFL's disability benefit plans of awarding them lower benefits because they are Black told a Maryland federal court they have had "productive" meetings with the defendants and are near a settlement proposal.

Expert Analysis

  • Spartan Arbitration Tactics Against Well-Funded Opponents

    Author Photo

    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

    Author Photo

    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

    Author Photo

    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

    Author Photo

    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

    Author Photo

    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • 11th Circ. FMLA Ruling Deepens Divide Over Causation

    Author Photo

    The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.

  • Handling Neurodivergence As The Basis Of Disability Claims

    Author Photo

    Three recent discrimination claims in Rhode Island and New Jersey show how allegations of adverse treatment of neurodivergent individuals will continue to be tested in court, so employers should create an environment that welcomes the disclosure of such conditions, says Ting Cheung at Sanford Heisler.

  • Employers Should Take Surgeon's Sex Bias Suit As A Warning

    Author Photo

    A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.

  • Eye On Compliance: Workplace March Madness Pools

    Author Photo

    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Generative AI Adds Risk To Employee 'Self-Help' Discovery

    Author Photo

    Plaintiffs have long engaged in their own evidence gathering for claims against current or former employers, but as more companies implement generative AI tools, both the potential scope and the potential risks of such "self-help" discovery are rising quickly, says Nick Peterson at Wiley.

  • Handbook Hot Topics: Workplace AI Risks

    Author Photo

    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Employer Pointers As Wage And Hour AI Risks Emerge

    Author Photo

    Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.

  • Race Bias Defense Considerations After 11th Circ. Ruling

    Author Photo

    In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.