Discrimination

  • March 29, 2024

    6th Circ. Opinion Shows High Court Arbitration Ruling's Reach

    A 2-year-old Supreme Court ruling disavowing the special rules judges apply to arbitration contracts was at the heart of a recent Sixth Circuit decision to keep an employment discrimination battle in court, a result experts said is a harbinger of the significant impact the justices' opinion will have.

  • March 29, 2024

    Calif. Forecast: 9th Circ. Takes On Ministerial Exception

    In the coming two weeks, attorneys should watch for Ninth Circuit oral arguments in a pair of cases involving the ministerial exception. Here's a look at those cases and other labor and employment matters coming up in California.

  • March 29, 2024

    NY Forecast: Ex-Worker Wants Sanctions Against Clothing Co.

    In the coming week, a New York federal judge will hear arguments over whether to issue sanctions against a clothing store for not responding to discovery requests in a lawsuit brought by a former sales associate who claims she was unlawfully denied overtime and minimum wage.

  • March 29, 2024

    Exec Says Pharma Co. Yanked Job Offer Over ADHD Medication

    A Pennsylvania man with more than two decades of experience in the pharmaceutical industry claims he was denied a job after testing positive for amphetamines, even though he notified the Garden State company that he was on medication for attention deficit hyperactivity disorder, in violation of New Jersey's Law Against Discrimination.

  • March 29, 2024

    University Must Face Bulk Of Fired Jewish Worker's Bias Suit

    A Missouri federal judge declined to throw out harassment and retaliation claims from an Orthodox Jewish worker who claimed a university unlawfully fired her after her supervisor yanked her leave to observe the High Holidays, but the judge said she failed to link her termination to religious discrimination.

  • March 28, 2024

    UMG Wants Out Of Diddy Producer's Sex Assault Litigation

    UMG Recordings has asked a New York federal court to free it from a producer's suit claiming he was sexually assaulted and harassed while working on Sean 'Diddy' Combs' latest album, slamming the suit as riddled with "knowingly false allegations" that publicly smear the music company.

  • March 28, 2024

    Union Permitted MTA's Drug Test In Rep's Firing Suit, Judge Says

    A former New York electrical worker and union rep can't sue the Metropolitan Transportation Authority for firing him after a return-to-work drug test found evidence of marijuana use, as the union never raised the alarm about such drug tests before, a New York federal judge has ruled.

  • March 28, 2024

    Staffing Co. Takes $100K DOJ Deal To End Hiring Bias Claims

    An information technology staffing group agreed to pay $100,000 to resolve claims that its online job advertisements discouraged and excluded asylum-seekers and refugees from applying, the U.S. Department of Justice announced.

  • March 28, 2024

    Trans Officer's Harassment Was 'Severe,' 11th Circ. Says

    The Eleventh Circuit on Thursday revived a lawsuit brought by a transgender correctional officer in Georgia, saying he faced a hostile work environment and that a lower court wrongly determined he didn't experience "severe or pervasive" misgendering harassment by colleagues and supervisors.

  • March 28, 2024

    NY Appeals Court Keeps Zionist Org. Whistleblower Suit Alive

    A New York state appeals court on Thursday affirmed the survival of a former executive's claim that proper whistleblower policies were not in place at a Zionist nonprofit that he said he was illegally fired from after complaining about its president, but declined to revive his bias allegations.

  • March 28, 2024

    IBM Must Face Ex-Workers' Age Bias Suit

    A New York federal judge said a lawsuit brought by 16 former workers accusing IBM Corp. of firing older employees to replace them with millennials can proceed despite them not filing the necessary presuit charge with the U.S. Equal Employment Opportunity Commission.

  • March 28, 2024

    Tesla Judge Cites Rodney King Litigation In OK'ing EEOC Suit

    A California federal judge indicated Thursday she'll likely deny Tesla's bids to toss or stay the U.S. Equal Employment Opportunity Commission's allegations that the electric carmaker fostered rampant racism at its Fremont factory, saying ongoing state litigation doesn't preclude the EEOC's claims and comparing the fight to Rodney King litigation.

  • March 28, 2024

    Hog Farm Allowed Harassment Of Trans Worker, EEOC Says

    An Illinois hog farm failed to step in when a worker exposed his genitals and made explicit sexual comments to a transgender female employee, prompting her to quit, the U.S. Equal Employment Opportunity Commission said in a lawsuit filed Thursday.

  • March 28, 2024

    FSU Reaches Deal To End Family Leave Retaliation Suit

    Florida State University and a former program coordinator have agreed to settle her lawsuit alleging FSU fired her for asking to take time off to care for her father during his cancer treatment, they told a federal court.

  • March 28, 2024

    LAPD Officer Scores $11.6M Jury Verdict In Retaliation Suit

    A California state jury said the Los Angeles Police Department should pay a former officer nearly $11.6 million over allegations that it subjected him to unwarranted investigations because he's Samoan and transferred him out of a prestigious K-9 bomb detection unit when he complained.

  • March 28, 2024

    Warner Bros. Hit With Suit Over 'Draconian' COVID Vax Policy

    A former producer with Warner Bros. told a Houston federal court that he was forced to resign due to the company's "draconian policy" mandating COVID-19 vaccines for employees.

  • March 28, 2024

    Morgan Lewis Accused Of Age, Race Bias By Patent Specialist

    Morgan Lewis & Bockius LLP gave preferential treatment to younger white co-workers of a Black patent prosecution specialist, including more overtime and better pay, according to a complaint filed Thursday in Washington, D.C., federal court.

  • March 28, 2024

    Employment Attys Keeping Close Eye On Abortion Pill Case

    The U.S. Supreme Court seemed inclined to preserve Americans' access to medication abortion at recent arguments in a case challenging the U.S. Food and Drug Administration's authority, which experts said would stave off an increase in worker absences and accommodation requests. Here's a look at how the justices' ruling could affect the workplace.

  • March 28, 2024

    Fired Alston & Bird Aide Fights Arbitration Of Vax Claims

    An Alston & Bird LLP staffer fired after refusing to get vaccinated for COVID-19 told a Georgia federal court that it should refuse to force her discrimination suit into arbitration, since her employment contract was not a matter of interstate commerce.

  • March 28, 2024

    Seafood Restaurant Settles EEOC Sex Harassment Suit

    A seafood restaurant reached a deal with the U.S. Equal Employment Opportunity Commission to shutter a suit filed in South Carolina federal court alleging it failed to step in when a female server complained she was groped and harassed by a male co-worker.

  • March 28, 2024

    Ex-Paralegal's Jobless Pay Ruling Correct, Del. Justices Told

    Delaware opposes a former Morris James LLP paralegal's bid for the state's Supreme Court to revive his attempt to collect a year's worth of unemployment benefits, arguing a lower court correctly upheld denial of pay after he settled whistleblower claims against the firm.

  • March 27, 2024

    Judge Agrees To Training For 'Overly Harsh' Workplace

    The Judicial Council for the Second Circuit has declined to review the dismissal of a law clerk's complaint against a federal judge, who acknowledged the clerk's claims of their "overly harsh" management style and agreed to participate in workplace conduct counseling and training.

  • March 27, 2024

    Mortgage Co. Too Late To Arbitrate ADA Suit, 6th Circ. Says

    The Sixth Circuit on Wednesday refused to let a mortgage broker send a deaf former software developer's disability bias suit into arbitration, saying the company shouldn't have participated in discovery for nearly seven months if it wanted to handle the case out of court.

  • March 27, 2024

    HR Services Co. May Be Liable In Harassment Suit, Court Says

    A Texas appellate court said Wednesday that more fact-finding is needed to determine whether a professional employer organization could be on the hook for a sexual harassment claim brought by a cafeteria worker, but found that the company is, legally, an employer.

  • March 27, 2024

    6th Circ. Backs Allstate In Worker's Religious Bias Appeal

    The Sixth Circuit declined Wednesday to reinstate a former Allstate employee's lawsuit alleging he was fired for expressing faith-based anti-LGBTQ views, saying he failed to rebut the company's argument that he was cut loose for his lackluster performance.

Expert Analysis

  • To Responsibly Rock Out At Work, Draft A Music Policy

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    Employers may be tempted to turn down the tunes after a Ninth Circuit decision that blasting misogynist music could count as workplace harassment, but companies can safely provide a soundtrack to the workday if they first take practical steps to ensure their playlists don’t demean or disrespect workers or patrons, says Ally Coll at the Purple Method.

  • 5 Surprises In New Pregnancy Law's Proposed Regulations

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    Attorneys at Baker McKenzie examine five significant ways that recently proposed regulations for implementing the Pregnant Workers Fairness Act could catch U.S. employers off guard by changing how pregnant workers and those with related medical conditions must be accommodated.

  • How Employers Can Take A Measured Approach To DEI

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    While corporate diversity, equity and inclusion programs are facing intense scrutiny, companies need not abandon efforts altogether — rather, now is the time to develop an action plan that can help ensure policies are legally compliant while still advancing DEI goals, say Erin Connell and Alexandria Elliott at Orrick.

  • Courts Should Revisit Availability Of Age Bias Law Damages

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    Federal courts have held that compensatory damages, including for emotional distress, are unavailable in Age Discrimination in Employment Act cases, but it's time for a revamped textualist approach to ensure plaintiffs can receive the critical make-whole remedies Congress intended the law to provide, say attorneys at Sanford Heisler.

  • Employers Should Take Note Of EEOC Focus On Conciliation

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    The U.S. Equal Employment Opportunity Commission's recent strategic plan signals that the agency could take a more aggressive approach when verifying employer compliance with conciliation agreements related to discrimination charges, and serves as a reminder that certain employer best practices can help to avoid negative consequences, says Jacqueline Hayduk at Foley & Lardner.

  • 7th Circ. Ruling May Steer ADA Toward Commuter Issues

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    Employers faced with commuting-accommodation requests from employees who do not require on-site modifications under the Americans with Disabilities Act should consider the Seventh Circuit's recent reopening of a lawsuit alleging unlawful refusal of a night-vision-challenged worker's request to extend a shift change, says Robin Shea at Constangy.

  • How Calif. Ruling Extends Worker Bias Liability To 3rd Parties

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    The California Supreme Court's recent significant decision in Raines v. U.S. Healthworks Medical Group means businesses that provide employment-related services to California employers can potentially be held liable for California’s Fair Employment and Housing Act violations, says Ryan Larocca at CDF Labor.

  • Anticipating The Impact Of 2 Impending New Title IX Rules

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    Two major amendments to Title IX — which the U.S. Department of Education is expected to finalize next month — would substantially alter the process schools must use for sexual discrimination complaints and limiting student participation in athletics based on gender identity, says Rebecca Sha at Phelps Dunbar.

  • Despite Regulation Lag, AI Whistleblowers Have Protections

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    Potential whistleblowers at companies failing to comply with the voluntary artificial intelligence commitments must look to a patchwork of state and federal laws for protection and incentives, but deserve comprehensive regulation in this field, say Alexis Ronickher and Matthew LaGarde at Katz Banks.

  • FCRA Legislation To Watch For The Remainder Of 2023

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    If enacted, pending federal and state legislation may result in significant changes for the Fair Credit Reporting Act landscape and thus require regulated entities and practitioners to pivot their compliance strategies, say attorneys at Troutman Pepper.

  • A Closer Look At Another HBCU Race Bias Suit Against NCAA

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    The National Collegiate Athletic Association's Academic Performance Program has become a lightning rod for scrutiny, as seen in the recently filed class action McKinney v. NCAA — where statistics in the complaint raise questions about the program's potential discriminatory impact on student-athletes at historically Black colleges and universities, say attorneys at Troutman Pepper.

  • Employer Defenses After High Court Religious Bias Decision

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    Following the U.S. Supreme Court's recent ruling in Groff v. DeJoy — which raised the bar for proving that a worker’s religious accommodation presents an undue hardship — employers can enlist other defense strategies, including grounds that an employee's belief is nonsectarian, say Kevin Jackson and Jack FitzGerald at Foley & Lardner.

  • Where Employers Stand After 5th Circ. Overturns Title VII Test

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    The substantial impact of the recent holding in Hamilton v. Dallas County means employers in the Fifth Circuit can now be liable under Title VII for a whole range of conduct not previously covered — but the court did set limits, and employers can take tangible steps to help protect themselves, say Holly Williamson and Steven DiBeneditto at Hunton.