Discrimination

  • April 02, 2024

    X Can't Dodge Suit Alleging Musk Pushed Out Women

    X Corp. must face a proposed class action claiming Elon Musk implemented policies meant to push out women when he took over the social network formerly known as Twitter, a California federal judge ruled, finding the ex-worker leading the suit provided enough details to move the suit forward.

  • April 02, 2024

    Arizona Cardinals Must Pay $3M For Defaming Former Exec

    The Arizona Cardinals have been ordered to pay nearly $3 million for defaming a former vice president while dismissing him from the team, with a league-appointed arbitrator faulting the team for falsely suggesting the executive committed domestic violence.

  • April 02, 2024

    Amazon Trims, But Can't End Ex-Worker's Disability Bias Suit

    A California federal judge partially denied Amazon's bid to escape a former worker's suit alleging he was pushed out because of a knee injury stemming from his military service, but threw out claims stemming from bias based on his veteran status, race and age.

  • April 02, 2024

    Emirates Can't Sink COVID-19 Severance Suit

    A New York federal judge refused to toss a proposed class action alleging the airline Emirates withheld severance from American workers after they were furloughed and then let go during the COVID-19 pandemic, ruling the employees showed they may have been owed extra money.

  • April 02, 2024

    What To Know About Ill. Equal Pay Registration Requirements

    The deadline for employers in Illinois to apply for an equal pay registration certificate — which involves submitting wage and demographic information and attesting that workplace anti-bias compliance is up to snuff — recently passed. Here's what businesses there need to know.

  • April 02, 2024

    Philly Uber Class Action Atty Heads To Lichten & Liss-Riordan

    One of the attorneys representing a proposed class of Philadelphia Uber drivers in their wage suit against the company left the Steel City's Pietragallo Gordon Alfano Bosick & Raspanti LLP for the new New Jersey office of Lichten & Liss-Riordan PC, his co-counsel in the ride-hailing case.

  • April 01, 2024

    Musk's X Corp. Helps Ex-Block Worker Fired Over Posts Sue

    A former employee at Block Inc., which was founded by Twitter co-founder Jack Dorsey, alleges the company fired her in retaliation for two posts she made on X, formerly known as Twitter, according to a suit filed in Missouri state court with financial backing from Elon Musk's X Corp.

  • April 01, 2024

    Judge Won't Ice EEOC's Race Bias Suit Against Tesla

    Tesla can't put off or dodge a U.S. Equal Employment Opportunity Commission lawsuit alleging the carmaker allowed rampant racism to overtake a California factory, a federal judge has ruled, saying parallel state court cases can't resolve the agency's claims.

  • April 01, 2024

    BBQ Spot Strikes Deal To Exit EEOC Sex Harassment Suit

    A barbecue restaurant agreed Monday to pay $56,500 to resolve a lawsuit brought by the U.S. Equal Employment Opportunity Commission accusing it of firing a female worker who complained she was being doggedly pursued by a male shift leader, according to a filing in Georgia federal court.

  • April 01, 2024

    Mich. Can't Get Immunity In Courthouse ADA Class Action

    Attorneys with disabilities and a disability rights advocate can proceed with a proposed class action aimed at forcing accessibility improvements at several Michigan courthouses and government buildings, a Michigan federal judge ruled Saturday, rejecting the state's argument that it was immune from the suit.  

  • April 01, 2024

    11th Circ. Backs Miami's Win In Firefighter's Sex Bias Suit

    The Eleventh Circuit declined Monday to reinstate a former Miami-Dade County firefighter's lawsuit alleging male managers gave her extra work, called her sexist slurs and then fired her because she's a woman, saying the trial court was within its power to exclude evidence she sought to introduce.

  • April 01, 2024

    Union Backs USPS In Bias Suit That Went To High Court

    A Christian postal worker who claimed he was unlawfully punished for seeking Sundays off should lose his religious bias case under the standard the U.S. Supreme Court set when it revived his case in 2023, a letter carriers union told a Pennsylvania federal judge.

  • April 01, 2024

    Judge Won't Make EEOC Pay Atty Fees For Unsuccessful Suit

    The U.S. Equal Employment Opportunity Commission doesn't have to pay a Georgia hospital's attorney fees after jurors found in favor of the medical center on disability bias claims, a federal judge ruled, saying the jury's siding with the hospital didn't make the agency's suit frivolous.

  • April 01, 2024

    Carlton Fields Adds Stearns Weaver Employment Pro In Fla.

    Carlton Fields PA has added a labor and employment attorney from Stearns Weaver Miller as of counsel in its Tampa office, the firm announced Monday.

  • April 01, 2024

    NJ Courts Get Out Of Suit Alleging Ex-Judge Harassed Official

    The New Jersey Administrative Office of the Courts has gotten out of a lawsuit from a municipal court administrator alleging she was sexually harassed by a former municipal court judge, arguing that the woman was never an employee of the office.

  • April 01, 2024

    Staten Island Firm Must Face Hostile Work Environment Claim

    A New York federal judge has partially dismissed an employment discrimination suit against a State Island law firm, nixing discrimination and retaliation claims brought by a Black former office manager while allowing claims over the firm's allegedly hostile work environment to proceed to trial.

  • April 01, 2024

    Engraver Asks Justices To Review Partial Tossing Of Bias Suit

    A metal engraver asked the U.S. Supreme Court to review the dismissal of his claims that a silversmith fired him because he's over 40 and had carpal tunnel syndrome, arguing the Ninth Circuit prevented him from sufficiently presenting what's left of his case to a jury.

  • April 01, 2024

    6 Argument Sessions Bias Attys Should Watch In April

    The Second Circuit will hear a case that could help determine the scope of the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, while fitness company Equinox and supermarket chain Trader Joe's will square off with workers looking to revive discrimination suits. Here, Law360 looks at six oral arguments to keep an eye on this month.

  • April 01, 2024

    Ex-Teacher, District Seek Wins In Pronoun Policy Bias Suit

    A former teacher and the Ohio school district she accused of forcing her to resign after she refused to use the preferred names and pronouns of her transgender students each filed briefs urging a Buckeye State federal judge to grant them early wins.

  • April 01, 2024

    Amazon's Disability Inclusion Efforts A Sham, Suit Says

    Amazon's stated commitments to disability inclusion are a sham, a California worker with cerebral palsy claimed in a proposed class action, saying the company gave him a warehouse gig despite his many warnings that he couldn't meet the job's physical demands.

  • April 01, 2024

    HP's $18M Age Bias Deal Gets Final Approval​​​​

    A California federal judge placed the final stamp of approval on an $18 million settlement that ends an age discrimination suit alleging tech company HP Inc. unlawfully pushed out hundreds of older workers under the guise of a workforce reduction plan.

  • April 01, 2024

    With Suit, NJ City Looks To Clear The Air About Cops' Pot Use

    A New Jersey city's lawsuit demanding clarity over whether state or federal law governs off-duty pot use for cops could help cannabis and employment lawyers navigate a growing battle between workers' rights and workplace safety.

  • March 29, 2024

    Petition Watch: Off-Label Ads, Retiree Discrimination & PPE

    A Utah attorney has asked the U.S. Supreme Court to determine whether allegedly retaliatory IRS summonses can be quashed, and two former pharmaceutical executives are challenging the constitutionality of their convictions for marketing the off-label use of a drug. Here, Law360 looks at recently filed petitions that you might've missed.

  • March 29, 2024

    Ohio School Beats Race Bias Suit Over Pandemic Layoffs

    The University of Akron defeated a lawsuit alleging it targeted two finance professors for layoffs during the pandemic because one is Black and one is Asian, with an Ohio federal judge ruling Friday that the academics relied on faulty statistical analysis to back up their claims.

  • March 29, 2024

    11th Circ. Reopens Black Army Worker's Bias Suit

    The Eleventh Circuit reinstated a discrimination suit against the U.S. Army by a Black speech pathologist who alleged her colleagues steered white patients away from her and that her supervisor treated her too harshly, ruling a reasonable jury could find that racism tainted the supervisor's decisions.

Expert Analysis

  • AI's Baked-In Bias: What To Watch Out For

    Author Photo

    The federal AI executive order is a direct acknowledgment of the perils of inherent bias in artificial intelligence systems, and highlights the need for legal professionals to thoroughly vet AI systems, including data and sources, algorithms and AI training methods, and more, say Jonathan Hummel and Jonathan Talcott at Ballard Spahr.

  • 'Miss Manners' Scenarios Holds Job Accommodation Lessons

    Author Photo

    Robin Shea at Constangy looks at the potentially negative legal consequences for employers who follow some advice recently given in the Washington Post's "Miss Manners" column, and offers solutions of her own.

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

    Author Photo

    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

  • Handling Religious Objections To Abortion-Related Job Duties

    Author Photo

    While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.

  • Transgender Worker Rights: A Guide For California Employers

    Excerpt from Practical Guidance
    Author Photo

    California employers should know their obligations under overlapping state and federal law to protect the rights of their transgender, nonbinary and gender-nonconforming workers, and implement best practices to avoid discriminating in how they hire and promote, offer medical benefits to, and prevent harassment of these employees, says Michael Guasco at Littler.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

    Author Photo

    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • In Focus At The EEOC: Eliminating Recruiting, Hiring Barriers

    Author Photo

    While the recruiting and hiring segment of the U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan spotlights the potential discriminatory effects of artificial intelligence, employers should note that it also touches on traditional bias issues such as unlawfully targeted job advertisements and application inaccessibility, say Rachel See and Annette Tyman at Seyfarth.

  • A Look Into The Developing Regulation Of Employer AI

    Author Photo

    Although employers' use of artificial intelligence is still limited, legislators and companies have been ramping up their efforts to regulate its use in the workplace, with employers actively contributing to the ongoing debate, say Gerald Hathaway and Marc-Joseph Gansah at Faegre Drinker.

  • In Focus At The EEOC: Advancing Equal Pay

    Author Photo

    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • 2nd Circ. Ruling Clarifies Title VII Claim Standards

    Author Photo

    The Second Circuit's recent opinion in Banks v. General Motors, although it does not break new ground legally, comes at a crucial time when courts are reevaluating standards that apply to Title VII claims of discrimination and provides many useful lessons for practitioners, says Carolyn Wheeler at Katz Banks.

  • In Focus At The EEOC: Preventing Systemic Harassment

    Author Photo

    With the U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan identifying a renewed commitment to preventing and remedying systemic harassment, employers must ensure that workplace policies address the many complex elements of this pervasive issue — including virtual harassment and workers' intersecting identities, say Ally Coll and Shea Holman at the Purple Method.

  • Cos. Must Reassess Retaliation Risk As 2nd. Circ. Lowers Bar

    Author Photo

    After a recent Second Circuit decision broadened the federal standard for workplace retaliation, employers should reinforce their nondiscrimination and complaint-handling policies to help management anticipate and monitor worker grievances that could give rise to such claims, says Thomas Eron at Bond Schoeneck.

  • An Employer's Guide To EEOC Draft Harassment Guidance

    Author Photo

    Rudy Gomez and Steven Reardon at FordHarrison discuss the most notable aspects of the U.S. Equal Employment Opportunity Commission’s recently proposed workplace harassment guidance, examine how it fits into the context of recent enforcement trends, and advise on proactive compliance measures in light of the commission’s first update on the issue in 24 years.