Discrimination

  • April 11, 2024

    Tech Co. To Pay Ex-Worker $7K To End Anxiety Firing Suit

    A computer and cellphone accessory manufacturer will pay nearly $7,000 to end a former worker's suit alleging unpaid overtime as well as a failure to accommodate her extreme anxiety, a Georgia federal judge ordered Thursday, approving the deal.

  • April 11, 2024

    Medical Co. Owes Ex-Worker $20M For Race Bias, Jury Says

    A ventilator supply company should pay a Black former customer service representative more than $20 million for failing to intervene when her supervisor used racist slurs and acted aggressively toward her, a Pennsylvania federal jury said.

  • April 11, 2024

    Eye Care Company Settles EEOC Sex Harassment Probe

    A Colorado-based eye care company struck a deal with the U.S. Equal Employment Opportunity Commission to end an agency investigation into allegations that the company's owner sexually harassed an employee until that employee quit, the EEOC said Thursday.

  • April 11, 2024

    Ex-Ellenoff Grossman Atty Faces Possible Firing Suit Remand

    A former Ellenoff Grossman & Schole LLP associate's suit saying she was fired for protesting sexual harassment should return to state court, a New York federal judge recommended, saying the federal court can't enforce arbitration pacts invalidated by a 2022 amendment to the Federal Arbitration Act.

  • April 11, 2024

    United Airlines Defeats Religious Bias Suit Over Vax Mandate

    United Airlines workers failed to furnish "basic factual details" to back up their case alleging the airline discriminated against employees for their religious beliefs by requiring a COVID-19 vaccination, an Illinois federal judge said, tossing the suit.

  • April 11, 2024

    Apple Must Face Former Executive's Trimmed Age Bias Suit

    A California federal judge narrowed a former Apple executive's suit alleging his age led the company to withhold bonuses, though the suit stands, as the judge said it sufficiently showed a contract was breached when the company did not pay a hefty stock retention bonus.

  • April 10, 2024

    Disney Defends Right To Fire 'Star Wars' Actor Over X Posts

    The Walt Disney Co. and Lucasfilm Ltd. asked a California federal judge to toss Gina Carano's claims that she was unlawfully fired from "The Mandalorian" for her social media posts, arguing they have a constitutional right as artistic creators to decide which actors to employ to express their artistic messages.

  • April 10, 2024

    Marshalls Failed to Stop Sex Harassment, Cashier Says

    A Marshalls cashier said in a suit filed in New York federal court Wednesday that the company failed to step in when she complained that a male co-worker sexually harassed her and other customers, and instead moved her into more physically demanding jobs out of retaliation.

  • April 10, 2024

    Littler Adds Shareholder With Gov. Background To Wis. Office

    Littler Mendelson PC brought on a shareholder who beefed up his practice serving as acting chief legal counsel to former Wisconsin Gov. Scott Walker, a role that now informs his work defending employers undergoing government investigations.

  • April 10, 2024

    Wells Fargo Can't Bar Atty From Deposition, NC Judge Rules

    Wells Fargo lost its bid to stop the lawyer of a fired investment director, who is accusing the bank of disability discrimination, from questioning his former supervisor, with a North Carolina federal judge saying the bank fell short of showing that the attorney's previous representation of the supervisor was related in any way to the current action.

  • April 10, 2024

    Novant Wants Fired Exec's Atty Fees Cut After Trip To 4th Circ.

    An attorney representing a former Novant Health executive should receive about $140,000 after prevailing on claims that his client was fired for being white amid a diversity push, the healthcare network said, urging a North Carolina federal judge to reduce the ex-executive's request for about $152,000 in attorney fees.

  • April 10, 2024

    3rd Circ. Revives Retaliation Suit Against Pa. House GOP

    The Third Circuit breathed new life Wednesday into a former district office manager's lawsuit alleging she was fired by the Pennsylvania House Republican Caucus for reporting she had discovered mold in a state representative's office, finding she was acting outside her job duties when she spoke up.

  • April 10, 2024

    DOJ Sues School District For Denying Remote Work Request

    An Arkansas school district violated federal anti-discrimination law when it denied an asthmatic employee's request to switch to temporary telework during the early days of the COVID-19 pandemic, according to a lawsuit filed Tuesday by the U.S. Department of Justice.

  • April 10, 2024

    Ohio Appeals Court Remands AFSCME Reinstatement Row

    An Ohio appeals court sent back to a lower court an arbitration award dispute over a township's claim that a maintenance worker "abandoned his position," finding Wednesday that an arbitrator did had the power under a labor contract to order reinstatement and make the employee whole.

  • April 10, 2024

    Alston & Bird Pushes Arbitration Of COVID Vax Claims

    Alston & Bird LLP urged a Georgia federal court to reject a former aide's objection to a magistrate judge's recommendation to force her to arbitrate her claims alleging she was fired after refusing to get vaccinated for COVID-19.

  • April 10, 2024

    Ex-Reed Smith Atty Can't DQ Judge In Bias Suit Against Firm

    A former Reed Smith LLP attorney failed in her bid to have a New Jersey state judge disqualified from her gender discrimination suit against the firm, with the judge on Wednesday turning down her argument that he improperly reviewed a certification from the firm's general counsel.

  • April 10, 2024

    EEOC Throws Weight Behind AI Bias Suit Against Workday

    The U.S. Equal Employment Opportunity Commission said Workday shouldn't be able to dodge a Black job seeker's California federal court suit claiming it uses biased algorithms to screen out applicants, arguing that the software company can't evade liability by claiming it's not an employer.

  • April 10, 2024

    Major Lindsey Wins Bid To Have Sex Assault Suit Arbitrated

    A former Major Lindsey & Africa LLC employee's sexual assault lawsuit against the legal recruiting giant must go to arbitration, a New York state judge has decided.

  • April 10, 2024

    Ex-Coupang Atty Fights Bid To Toss Whistleblower Suit

    A former in-house attorney at South Korean conglomerate Coupang told a Washington federal judge this week that his whistleblower claims against the company are valid according to the terms of his employment contract.

  • April 10, 2024

    Ex-Judge Dropped From Harassment Suit After NJ Courts' Win

    A New Jersey municipal court administrator has agreed to end a suit alleging she was sexually harassed by a former municipal court judge after a state superior court ruled she could not include the Administrative Office of the Courts as a defendant in the case.

  • April 10, 2024

    Indian IT Co. Pushed Out Older American Workers, Suit Says

    A former executive for an India-based information technology company was let go as part of an unlawful scheme to offload older American workers and make room for younger college graduates, he claimed in a suit in Florida federal court.

  • April 10, 2024

    Starbucks Fired Barista For Having Panic Attack, Court Told

    A Starbucks manager berated a barista who suffered from anxiety and depression until he had a panic attack, then fired him, according to a suit filed in Florida federal court.

  • April 10, 2024

    Ogletree Adds Veteran Employment Attorney In Minnesota

    Ogletree Deakins Nash Smoak & Stewart PC has expanded its ranks in Minneapolis with a lawyer who said she is looking to use her new position to help clients navigate remote work challenges and increasing disability bias issues stemming from the COVID-19 pandemic.

  • April 10, 2024

    Electrical Workers Union Sues LIRR Over Cannabis Firing

    The union that represents Long Island Rail Road workers is suing the commuter railroad for firing an employee who had been with it for 25 years after he allegedly tested positive for marijuana when returning to work after being treated for cancer.

  • April 09, 2024

    Starbucks' Calif. Stores Lack Lactation Spaces, Suit Says

    A Starbucks employee brought a proposed class action in California state court on behalf of similarly situated workers in the Golden State over the coffeehouse chain's "systemic failure" to provide adequate lactation spaces and sufficient pumping time for nursing employees.

Expert Analysis

  • 6 Ways To Minimize Risk, Remain Respectful During Layoffs

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    With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.

  • NYC Workplace AI Regulation Has Been Largely Insignificant

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    Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

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    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

  • In Focus At The EEOC: Protecting Vulnerable Workers

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    It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.

  • 4 Steps To Navigating Employee Dementia With Care

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    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Compliance Tips For Employers Facing An Aggressive EEOC

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    This year, the combination of an aggressive U.S. Equal Employment Opportunity Commission, a renewed focus on large-scale recruiting and hiring claims, and the injection of the complicated landscape of AI in the workplace means employers should be prepared to defend, among other things, their use of technology during the hiring process, say attorneys at Seyfarth Shaw.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • EEO-1 Ruling May Affect Other Gov't Agency Disclosures

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    By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • In Focus At The EEOC: Preserving Legal System Access

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    The track records of and public commentary from U.S. Equal Employment Opportunity Commission leaders — including two recently confirmed Democratic appointees — can provide insight into how the agency may approach access to justice priorities, as identified in its latest strategic enforcement plan, says Aniko Schwarcz at Cohen Milstein.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.