Discrimination

  • April 09, 2024

    Excuses 'Twisted' To Transgender Prof, Solid To Kent State

    Kent State University "twisted itself into knots" to justify its alleged discrimination, a transgender professor has told an Ohio federal court, as the school in turn claimed the scholar was denied a promotion for bad-mouthing colleagues online. 

  • April 09, 2024

    Worker-Side Attys Urge Justices To Review ADA Circuit Split

    Two worker-side attorney organizations told the U.S. Supreme Court on Tuesday it should review an Eleventh Circuit decision finding only current employees can lodge disability discrimination lawsuits related to post-employment benefits, arguing the appeals court deepened a circuit split harming both workers and employers.

  • April 09, 2024

    4 Questions About California's 'Right To Disconnect' Bill

    A newly amended bill in California would give employees a legal right to ignore after-hours work communications, though Golden State employment lawyers on both sides of the bar said the bill would likely need more changes in order to have its desired impact. Here are four open questions attorneys have about the legislation.

  • April 09, 2024

    Judge Clarifies Scope Of EEOC Trans Care Coverage Ban

    A North Dakota federal judge clarified an injunction Tuesday that blocks the U.S. Equal Employment Opportunity Commission from requiring a Christian business group's members to provide gender transition-related healthcare coverage, finding the agency won't be penalized if it goes after one of the group's members unknowingly.

  • April 09, 2024

    Olive Garden Strikes Deal To End EEOC Disability Bias Suit

    Olive Garden will pay $30,000 to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of refusing to hire a busser because he used a cane, according to an order filed Tuesday in Pennsylvania federal court.

  • April 09, 2024

    2nd Circ. Seems Ready To Reboot Worker's Retaliation Claims

    A Second Circuit panel on Tuesday appeared skeptical of a trial court's decision to jettison retaliation claims from a former dental hygienist's sexual harassment lawsuit before it went to trial twice, signaling the pitched legal battle may be soon teed up for a third go-round.

  • April 09, 2024

    Ex-Fox News Anchor Continues Fighting Forced Arbitration

    Gretchen Carlson, a former Fox News anchor and a leading advocate for ending forced arbitration after suing Fox News' former chair and CEO over sexual harassment allegations, told senators on Tuesday that more is needed to protect workers, particularly older ones, despite important legislation enacted two years ago.

  • April 09, 2024

    5th Circ. Backs VA's Defeat Of Worker's Sex Harassment Suit

    The Fifth Circuit won't revive a suit claiming a supervisor in the U.S. Department of Veterans Affairs' equal employment opportunity office sexually harassed a subordinate, saying the worker took too long to report the alleged misconduct and the VA took prompt action when she did speak up.

  • April 09, 2024

    Ex-UPS Worker's Race, Sex Bias Suit Gets Partial Go-Ahead

    A California federal judge declined to entirely toss a Black former UPS employee's race and pregnancy discrimination suit, saying she had evidence of "extreme and outrageous" racist comments to back up her race bias claims but not enough proof to support her sex-based pay and pregnancy discrimination allegations.

  • April 09, 2024

    Delta Ends Flight Attendant's Domestic Violence Bias Suit

    Delta has agreed to resolve a former flight attendant's New York federal court suit alleging she was fired after the airline determined she needed to undergo a psychiatric evaluation when she complained that her husband, a Delta pilot, repeatedly raped her.

  • April 08, 2024

    Sex Life Had No Place In Sex Harassment Trial, 9th Circ. Told

    An ex-Behemoth worker asked the Ninth Circuit on Monday to order a new trial after a jury rejected his sexual harassment and hostile work environment suit against the video game company, arguing the district court erroneously allowed jurors to hear about his sex life and vulgar speech.

  • April 08, 2024

    Red Robin Reaches $600K Deal To End EEOC Claims In Wash.

    Red Robin has agreed to pay $600,000 and bolster its anti-sexual harassment policies to end a U.S. Equal Employment Opportunity Commission lawsuit alleging a line cook in Washington state retaliated against female co-workers for objecting to his offensive comments, according to a proposed consent decree filed in federal court in Seattle.

  • April 08, 2024

    7th Circ. Nixes Ex-Mail Carrier's Retaliation Suit

    The Seventh Circuit refused to revive a former mail carrier's lawsuit alleging she was barred from working because she asked for time off to prepare a discrimination complaint, finding Monday the worker was sent home based on medical restrictions stemming from a back injury.

  • April 08, 2024

    High Court Creating DEI Headwinds, Colo. AG Says

    Colorado Attorney General Phil Weiser said Monday that the state's major losses last year in cases involving gay rights and prosecuting threatening speech were part of what he views as a trend at the U.S. Supreme Court of hampering efforts to increase diversity, equity and inclusion.

  • April 08, 2024

    Workers Oppose X Corp.'s Bid To Stall $500M Severance Suit

    Two workers asked a California federal court to deny a request from X, formerly Twitter, to pause discovery in their suit alleging it stiffed employees on $500 million in severance pay when it conducted mass layoffs following Elon Musk's takeover, saying the move will create unnecessary delay.

  • April 08, 2024

    Drexel Didn't Accommodate Exec's Disability, Suit Claims

    Drexel University was accused Monday of discrimination by an administrator, who claimed its chief operating officer refused her request to meet one-on-one ahead of a group meeting with a subordinate and that the group meeting be held via telephone instead of video.

  • April 08, 2024

    Staffing Co. To Pay $2.2M To Settle EEOC Hiring Bias Suit

    A staffing agency will pay $2.2 million to end a U.S. Equal Employment Opportunity Commission suit alleging the employer worked with a laundry facility to illegally exclude Black people and those with disabilities from jobs and to hire men and women only for gendered roles.

  • April 08, 2024

    Ex-USPS Worker Can Proceed With Disability Suit

    An Illinois federal judge refused to toss an ex-worker's lawsuit against the U.S. Postal Service, saying she had enough evidence to get her claim that she was denied overtime because of a wrist injury before a jury, but failed to show that age discrimination was at play.

  • April 08, 2024

    McMahon Sells Millions More In TKO Stock Amid Abuse Suit

    WWE's disgraced founder Vince McMahon, who was recently accused of trafficking a former employee, continues to loosen his grip on the wrestling company he founded, most recently selling $311 million worth of stock in WWE's parent, according to a Monday securities filing.

  • April 08, 2024

    Worker Says UAW Race Bias Ruling Flouts 7th Circ. Order

    A former GM worker told the Seventh Circuit it should intervene in his suit alleging his United Auto Workers local withdrew a grievance over his termination without telling him because he's Black, arguing a trial court judge ignored the appeals court's previous instructions when ending the suit.

  • April 08, 2024

    Black Worker's Bias Suit Against VA Lacks Proof, Judge Says

    A Missouri federal judge tossed a black worker's suit Monday claiming the U.S. Department of Veterans Affairs subjected him to a racially hostile work environment and suspended him for complaining about it, ruling he didn't put forward proof that bias drove the agency's decision making.

  • April 08, 2024

    NLRB Judge Says Racism Accusation Protected By Labor Law

    A school-choice nonprofit must offer to reinstate an employee who was fired after telling co-workers she believed her supervisor was racist, a National Labor Relations Board judge ruled, reconsidering the case after the board used the dispute to hold federal labor law protects worker advocacy for nonemployees.

  • April 08, 2024

    Seyfarth Bolsters Dallas Shop With Hunton Employment Ace

    Seyfarth Shaw LLP has expanded the labor and employment department in its Dallas office after opening the office late last year, bringing on a former longtime Hunton Andrews Kurth LLP partner to serve as its founding L&E partner in the North Texas city, the firm announced on Monday.

  • April 08, 2024

    Doctors Say MSU Vax Mandate Suit Needs High Court Review

    Three doctors urged the U.S. Supreme Court to take up a case challenging Michigan State University's vaccine mandate after the Sixth Circuit backed the suit's dismissal, arguing that the circuit court should have applied a stricter standard when considering whether the government could interfere with patients' medical decisions.

  • April 08, 2024

    Denver Sheriff Favored Women For Promotion, Suit Says

    The Denver sheriff's department promoted three women between 2019 and 2021 while skipping over a more qualified sergeant and his colleague because of a self-imposed quota for female officers, according to a complaint filed in Colorado federal court.

Expert Analysis

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • Vaccine Accommodation Suits Show Risk Of Blanket Policies

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    A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • Workplace Challenges Amid Israeli-Palestinian Conflict

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    Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • High Court's Job Bias Questions May Predict Title VII Ruling

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    Employers may be able to predict — and prepare for — important changes to workplace discrimination laws by examining the questions the U.S. Supreme Court asked during oral arguments for Muldrow v. St. Louis, where several justices seemed to favor a low threshold for Title VII suits, says Wendy LaManque at Pryor Cashman.

  • 2 Cases Highlight NJ Cannabis Employment Law Uncertainties

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    More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Sex Harassment Arbitration Exemption: Devil Is In The Date

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    A Federal Arbitration Act amendment that exempts workplace sexual harassment claims from arbitration is muddled in ongoing confusion about its chronological reach — and as many such cases begin to run up against applicable statutes of limitations, the clock is ticking for claimants to bring their actions in court, says Abe Melamed at Signature Resolution.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Lessons Learned From 2023's Top FMLA Decisions

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    This year’s most significant Family and Medical Leave Act decisions offer lessons on the act's technical requirements, including the definition of serious health condition, compliance with notice requirements and whether it is permissible to give an employee substantial extra work upon their return from leave, says Linda Dwoskin at Dechert.

  • Artificial Intelligence Is In Need Of Regulation — But How?

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    Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.