Discrimination

  • March 27, 2024

    Black Workers' Race Bias Suit Against Union Can't Proceed

    A group of Black workers can't bring race bias allegations against a union, a federal international trade judge concluded, dismissing a proposed class action complaint that claimed the union had a "long history of discrimination" against Black people.

  • March 27, 2024

    EEOC Scores Win In Disability Bias Suit Against RV Maker

    A recreational vehicle manufacturer violated the Americans with Disabilities Act when it sacked a painter the same day he underwent kidney stone removal surgery, an Indiana federal judge ruled Wednesday in a case brought by the U.S. Equal Employment Opportunity Commission.

  • March 27, 2024

    T-Mobile Gets COVID Vax Bias Suit Narrowed

    A Michigan federal judge cut down but ultimately kept alive a former T-Mobile worker's suit Wednesday alleging the company illegally denied his request for a religious exemption to its COVID-19 vaccine requirement, ruling that a jury needs to review the claim.

  • March 27, 2024

    Foreign Workers Sue Over Alleged Illegal Recruiting Scheme

    An Atlanta-based building materials wholesaler and two recruitment and staffing agencies were hit with a proposed class action alleging they lured skilled Mexican engineers and technicians to the U.S. to fill manual labor positions under a temporary visa program for high-skilled workers.

  • March 27, 2024

    Rocket Co. Beats Religious Bias Suit Over COVID Vax Mandate

    A California federal jury sided with a rocket-maker in a Christian former employee's suit claiming it unlawfully fired him instead of granting a religious exception to its COVID-19 vaccine policy, finding an exemption would've been too burdensome on the employer.

  • March 27, 2024

    Hospital Fired Worker For Objecting To Sex Bias, EEOC Says

    A hospital fired the director of its obstetrics department after she complained to the U.S. Equal Employment Opportunity Commission that she was passed over for a promotion because she's a woman, the agency said in a lawsuit filed in Kentucky federal court Wednesday.

  • March 27, 2024

    Calif. Rail Biz Attys Face DQ Bid Over Bad Faith, Info Breach

    A Black engineer accusing Pacific Harbor Line of workplace racial bias has urged a California federal judge to bar Buchannan Ingersoll & Rooney LLP from representing the railroad company, citing a sanctions bid against his counsel that had "no evidentiary basis" and "improper" communication with a paralegal for the engineer's legal team.

  • March 27, 2024

    2nd Circ. Won't Revive Ex-NY Law Clerk's Harassment Suit

    The Second Circuit Wednesday agreed with a New York federal district court's dismissal of a suit brought by a former New York law clerk accusing the state's judicial system of covering for a judge she says sexually harassed her, holding that it lacked jurisdiction to hear the appeal.

  • March 27, 2024

    Atlanta Firm Wins Fees In Bias Case Over 'Torrent' Of Abuse

    A Georgia federal judge awarded more than $165,000 in attorney fees and more than $33,000 in lost pay to a Black woman who was awarded nearly $3.5 million at trial in November after suffering on-the-job racial and sexual discrimination, harassment and retaliation.

  • March 27, 2024

    Eli Lilly Age Bias Suit Over Promotions Nabs Collective Status

    An age discrimination suit accusing Eli Lilly of passing over older workers for promotions in favor of millennials can move forward as a collective action, an Indiana federal judge ruled, finding thousands of workers may have been affected by the same policy.

  • March 27, 2024

    NJ AG Says Teachers On Maternity Leave Faced Possible Bias

    The New Jersey attorney general's office said Wednesday that its Division on Civil Rights preliminarily concluded that a public school district may have violated discrimination laws by preventing women on parental leave from coaching extracurricular activities.

  • March 27, 2024

    Meta Settles Fired Worker's COVID Vax Religious Bias Suit

    Facebook parent company Meta has agreed to settle a Washington federal suit brought by a former project manager who claimed he was illegally fired after refusing to be vaccinated against COVID-19 because of his religious beliefs.

  • March 27, 2024

    State & City Roundup: Wage And Hour News To Watch

    Minneapolis' upcoming pay floor for gig drivers may get a second look in the City Council, and Washington, D.C., has joined the wave of requiring pay transparency. Here, Law360 explores these and other state and local wage and hour developments attorneys should know.

  • March 26, 2024

    Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl

    A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.

  • March 26, 2024

    11th Circ. Considers Reviving Urologist's Sex Bias Suit

    A urologist who alleged gender discrimination led to her removal from the University of Florida's urology department urged the Eleventh Circuit on Tuesday to overturn a district court decision freeing the university and two clinic doctors from claims levied against them in her sex bias suit.

  • March 26, 2024

    EEOC Disability Bias Suit Over Welder's Meds Sent To Trial

    A U.S. Equal Employment Opportunity Commission disability bias suit needs a jury's review, a Texas federal judge found, saying too many fact issues prevented the court from determining whether an oilfield manufacturer unlawfully yanked a job offer from a welder over his opioid use disorder medication.

  • March 26, 2024

    11th Circ. Affirms RaceTrac Win In Worker's FMLA Bias Fight

    A split Eleventh Circuit panel has upheld RaceTrac Petroleum's early win in a Family and Medical Leave Act lawsuit filed by a former engineer, finding she never medically certified her abrupt leave from the company, which itself had legitimate business reasons for eliminating her position shortly after she returned to work.

  • March 26, 2024

    6th Circ. Won't Let Propane Retailer Nix EEOC's Subpoena

    The Sixth Circuit said Tuesday that Ferrellgas LP must provide the U.S. Equal Employment Opportunity Commission with information it requested as part of an investigation into a sex and race discrimination charge, backing a lower court's conclusion that the request wasn't too expansive.

  • March 26, 2024

    Examples Seen As Crucial To Useful EEOC, NLRB Guidance

    The U.S. Equal Employment Opportunity Commission and National Labor Relations Board may be joining forces to clarify how protections for workers who get heated during union activity square with anti-discrimination law, and experts said specific examples on this interplay are at the top of their wish list.

  • March 26, 2024

    X Wants Former Twitter Security Head's Claims In Arbitration

    X Corp. said a former Twitter security chief's claims that he was fired for protesting massive budget cuts belong in arbitration, arguing it did not waive its right to arbitrate by refusing to pay more than half of the arbitration fees.

  • March 26, 2024

    Md. Casino To Pay $100K To End EEOC Sex Harassment Suit

    A resort and casino agreed to pay $100,000 to resolve a suit the U.S. Equal Employment Opportunity Commission brought accusing it of failing to step in when a female former bartender endured sexual harassment from a male colleague, after a Maryland federal judge approved the deal Tuesday.

  • March 26, 2024

    Starbucks Settles Worker's Suit Alleging Manager Groped Her

    Starbucks Corp. has settled a lawsuit with an employee who alleged her reports of groping and harassment by a manger resulted in a retaliatory investigation, stunting her career with the coffee chain.

  • March 26, 2024

    White Ex-Radio Exec Says He Was Fired For Bias Complaint

    An executive at a New York City hip-hop station was told he was "too white" for his job and fired when he complained about the discrimination he faced, according to a lawsuit filed in New York state court.

  • March 26, 2024

    Jurisdiction Snafu Sinks US Bank Exec's Second Firing Suit

    A former U.S. Bank managing director has lost a second lawsuit challenging his firing, after a Colorado federal judge on Tuesday ruled that the executive is precluded from bringing a wrongful termination claim after a procedural misstep in the first case.

  • March 26, 2024

    Gender Pay Bias Claims Against MetLife Allowed To Proceed

    A New York federal judge in Manhattan trimmed hostile work environment and biased firing claims Tuesday from a gender discrimination lawsuit a fired female executive brought against insurance company MetLife, but said there was enough evidence the insurance giant paid her less than her male co-workers and denied her promotions.

Expert Analysis

  • Parsing EEOC Guidance On Accommodating Low Vision

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    Employers need to examine recent Equal Employment Opportunity Commission guidance on provisions for employees who are blind or partially sighted, particularly on the consequences of terminating an employee with blindness or low vision without meeting obligations under the Americans with Disabilities Act, says Amy Epstein Gluck at FisherBroyles.

  • 5 Tips For Employers Handling Generative AI Privacy Risks

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    Employers should carefully consider the privacy implications of using generative artificial intelligence tools, and employ steps to mitigate the risks, such as de-identifying data, providing notice and identifying data flows, say Zoe Argento and Amy Kabaria at Littler.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Mass. Age Bias Ruling Holds Employer Liability Lessons

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    The Massachusetts Supreme Judicial Court’s recent ruling in Adams v. Schneider Electric — upholding a laid-off employee’s age discrimination claim — is an important reminder that employers may face liability even if a decision maker unknowingly applies a discriminatory corporate strategy, say attorneys at Armstrong Teasdale.

  • Regulating AI: Litigation Questions And State Efforts To Watch

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    In view of the developing legal and regulatory framework for artificial intelligence systems in the U.S., including state legislation and early federal litigation, there are practical takeaways as we look toward the future, says Jennifer Maisel at Rothwell Figg.

  • Regulating AI: An Overview Of Federal Efforts

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    The U.S. has been carefully managing a national policy and regulatory ecosystem toward artificial intelligence, but as AI technology continues to expand into our everyday lives, so too has its risks and the need for regulation, says Jennifer Maisel at Rothwell Figg.

  • Justices' Job Transfer Review Should Hold To Title VII Text

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    The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • What EEOC's 2023 Stats Mean For Future Enforcement

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    The Equal Employment Opportunity Commission’s unusual burst of spring lawsuits and its new Democratic majority should cue employers and HR personnel to expect EEOC enforcement activity to ramp up to pre-pandemic rates, especially in regions where filings are on the rise and in those areas the agency appears to be targeting, such as workplace discrimination, say Andrew Scroggins and James Nasiri at Seyfarth Shaw.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Tick Tock: When Punctuality Raises Employee ADA Questions

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    A recent viral TikTok video — where a user claims they were disrespected by a potential employer when inquiring about accommodations for difficulty with being on time — shows that even in the most seemingly questionable situations, there may be legitimate issues that require Americans with Disabilities Act considerations, says Daniel Pasternak at Squire Patton.