Discrimination

  • May 24, 2024

    CBS Says 1st Amendment Dooms White Writer's Bias Suit

    CBS said a California federal judge should toss a straight white male worker's bias suit claiming he was passed over for writer roles in favor of more diverse candidates, arguing that the First Amendment allows it to tap writers based on their identity as a storytelling operation.

  • May 24, 2024

    Calif. Forecast: Del Monte Workers Seek $2M Deal Approval

    In the coming week, attorneys should watch for the potential final approval of a $2 million deal in a wage and hour class action by Del Monte Foods Inc. plant workers. Here's a look at that case and other labor and employment matters on deck in California.

  • May 23, 2024

    DLA Piper Must Share Prior Pregnancy Bias Claims With Court

    A New York federal magistrate judge on Wednesday ordered DLA Piper to let her privately review previous pregnancy discrimination complaints against it as part of discovery in a former attorney's suit, an order that comes after the firm argued the burden of sharing them "far outweighs its likely benefit."

  • May 23, 2024

    Blue States Throw Weight Behind EEOC Pregnant Worker Rule

    U.S. Equal Employment Opportunity Commission regulations that extend the Pregnant Workers Fairness Act's protections to abortion align with the law's intent to cover conditions arising out of pregnancy, almost two dozen Democratic state attorneys general said in an Arkansas federal court filing.

  • May 23, 2024

    Wash. DOT Cuts Deal To Exit EEOC Disability Bias Probe

    The Washington State Department of Transportation will pay $57,577 to put an end to the U.S. Equal Employment Opportunity Commission's investigation into a former worker's claim that he was fired after disclosing he has a disability, the federal bias watchdog announced Thursday. 

  • May 23, 2024

    Novartis Settles Ex-Saleswoman's Gender Pay Bias Suit

    Pharmaceutical giant Novartis and a former sales representative have agreed to end a suit alleging she was paid over $20,000 less than a male colleague pitching the same product, according to filings in Colorado federal court.

  • May 23, 2024

    NC Fintech Atty Sues Paymentus For Gender, Age Bias

    A former senior corporate counsel for cloud-based billing company Paymentus Corp. has slapped her former employer with a $100,000 age and gender discrimination suit in North Carolina federal court, saying she was paid less than her male colleagues and eventually fired for complaining, only to be replaced by a much younger male attorney.

  • May 23, 2024

    Wash. Atty Stops Practicing Law After Assaulting Associate

    A family law attorney in Washington state has resigned from practicing law after a series of criminal offenses, including a misdemeanor sexual assault and an attempted hate crime involving a colleague after a work-sponsored event, according to state bar association disciplinary records made public this week.

  • May 23, 2024

    Conn. To Expand Paid Sick Leave To Smaller Businesses

    More employees in Connecticut will soon become eligible for paid sick leave after the state's governor gave his blessing on a bill that expands the state's time-off requirements to include smaller businesses.

  • May 23, 2024

    Alaska Airlines, Union Beat Fired Workers' Religious Bias Suit

    A Washington federal judge tossed a suit from two Christian flight attendants who said they were illegally fired by Alaska Airlines and abandoned by their labor union for opposing the airline's support for LGBTQ+ rights, ruling there's no proof unlawful bias cost them their jobs.

  • May 23, 2024

    NYC Mayor And Assault Accuser Spar Over Discovery 'Theatrics'

    The first conference in a lawsuit alleging New York City Mayor Eric Adams sexually assaulted a Police Department colleague in 1991 grew heated Thursday, as attorneys on both sides accused the others of improper discovery gambits.

  • May 23, 2024

    EEOC Backs Suit Over Hospital Patients' Racial Preferences

    The U.S. Equal Employment Opportunity Commission told the Fifth Circuit it should revive a Nigerian nurse's race bias case against a Texas hospital, arguing the medical center's practice of honoring patients' requests for non-Black caregivers could demonstrate a hostile work environment.

  • May 23, 2024

    Scope Narrows In Pay Bias Suit Against MetLife CEO

    A New York federal judge backtracked on a previous order that left in place all of a female former executive's pay bias claims against MetLife's CEO, limiting the scope of the suit to reflect that he stepped into his role as head of the company only three months before she was terminated.

  • May 23, 2024

    Fisher Phillips Reinforces Calif. Labor And Employment Team

    Fisher Phillips has hired two of counsel in its Irvine, California, office to continue representing employers and helping those clients navigate a range of labor and employment matters.

  • May 22, 2024

    Burrows Warns Against 'Attacks' On Diversity Efforts

    U.S. Equal Employment Opportunity Commission Chair Charlotte Burrows and Commissioner Andrea Lucas both warned attendees at a New York University law school event Wednesday to stay vigilant about federal anti-discrimination law, though they expressed differing perspectives on the hot-button issue of diversity, equity and inclusion initiatives.

  • May 22, 2024

    IT Co. Can't Sink Fired Worker's FMLA Retaliation Suit

    A Florida federal judge declined to hand an information technology company an early win in a former worker's suit claiming he was fired after he took medical leave to treat anxiety, ruling that there are enough disputes over whether the company acted illegally to send the case to trial.

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

  • May 22, 2024

    Ex-Mich. Judge Loses Law License Challenge

    A former Detroit trial court judge's failure to object to a magistrate judge's recommendation to toss her claims means she cannot continue to pursue a discrimination and defamation complaint against the state's judicial disciplinary board, a federal judge in Michigan ruled Wednesday.

  • May 22, 2024

    6th Circ. Rejects Ex-Mich. County Worker's Disability Bias Suit

    The Sixth Circuit refused Wednesday to reopen a former Michigan county employee's lawsuit claiming she wasn't allowed to work from home or follow a flexible schedule because of her attention deficit hyperactivity disorder, finding she didn't show these accommodations would help her successfully do her job.

  • May 22, 2024

    6th Circ. Backs FedEx's Jury Win In Black Worker's Bias Suit

    The Sixth Circuit upheld a win Wednesday for FedEx in a suit brought by a Black worker who said she was fired out of racial animus after an altercation with a co-worker, unswayed by her argument that the lower court's handling of her case was fatally flawed.

  • May 22, 2024

    4 Questions About Trailblazing AI Bias Law In Colo.

    Colorado moved to the forefront of regulating artificial intelligence by requiring that developers and users of "high-risk" programs mitigate algorithmic discrimination, enacting a law experts say could serve as a model for other jurisdictions, as well as employers looking to stay ahead of the curve. Here are four questions employment attorneys are asking about the novel statute.  

  • May 22, 2024

    OSU Strikes Deal To Resolve Ex-Prof's Gender Bias Suit

    Ohio State University reached a tentative deal Wednesday with a former marketing professor to end her lawsuit accusing the school of firing her for working with outside clients while male colleagues escaped retribution, a notice in federal court said.

  • May 22, 2024

    Target Of Cyberstalking Loses 5th Circ. ADA Suit

    The Fifth Circuit upheld the dismissal of a former sales specialist's suit claiming a medical supply company violated federal disability law by refusing to separate her from a co-worker whose girlfriend had cyberstalked her, finding the company didn't know about her anxiety until after denying the requests.

  • May 22, 2024

    Amazon Defeats Fired Executive's Equal Pay Suit

    A California federal judge threw out a former Amazon executive's suit alleging the online retail behemoth unlawfully fired her after complaining that a male counterpart earned more than her, ruling that revisions to her suit hadn't fixed the lack of detail previously called out by the court.

  • May 22, 2024

    Md. Clinic Fires Worker With Faulty Vision, EEOC Tells Court

    A medical clinic fired a scheduling assistant on her first day of work after learning she suffers from vision impairments that make it difficult for her to read a computer screen, the U.S. Equal Employment Opportunity Commission told a Maryland federal court.

Expert Analysis

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

    Author Photo

    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.

  • Gauging The Scope Of NYC's New AI Employment Law

    Author Photo

    Although employers have received some guidance on the requirements of New York City's new restriction on the use of automated employment decision tools, there are many open questions to grapple with as Local Law 144 attempts to regulate new and evolving technology, say attorneys at Gibson Dunn.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

    Author Photo

    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Inflexible Remote Work Policies Can Put Employers In A Bind

    Author Photo

    As made clear in the recent decision by a Pennsylvania federal court in Oross v. Kutztown University, employers need to engage in individualized assessments of all requests for exemptions or accommodations to return-to-work policies to avoid potentially violating the Americans with Disabilities Act or Rehabilitation Act, say attorneys at Troutman Pepper. 

  • Congress Should Ban Employee Body Size Discrimination

    Author Photo

    New York City's recent enactment of a law that bans employers from discriminating against applicants and employees because of their height or weight should signal to Congress that now is the time to establish federal legislation that would prohibit such harmful practices, says Joseph Jeziorkowski at Valiant Law.

  • Why Employers Should Heed High Court Web Designer Ruling

    Author Photo

    While not an employment law ruling, the U.S. Supreme Court's recent decision in the First Amendment case 303 Creative v. Elenis raises serious questions for employers that constitute public accommodations and have related anti-discrimination policies, says Tanner Camp at Foley & Lardner.

  • What To Expect From The EEOC's Proposed Pregnancy Law

    Author Photo

    U.S. Equal Employment Opportunity Commission regulations implementing the Pregnant Workers Fairness Act require accommodations for many conditions related to pregnancy and childbirth, and while the final rule won't be published until the public comment period expires in October, employers should act promptly, says Amy Gluck at FisherBroyles.

  • Employer Best Practices For Pay Transparency Compliance

    Excerpt from Practical Guidance
    Author Photo

    With conflicting pay transparency and disclosure laws appearing across the country, employers must carefully develop different strategies for discussing compensation with employees, applicants, and off-site workers, disclosing salaries in job ads, and staying abreast of new state and local compliance requirements, says Joy Rosenquist at Littler Mendelson.

  • Congress Must Level The Employer Arbitration Playing Field

    Author Photo

    Federal courts have largely eviscerated state bans on arbitration of employment claims through Federal Arbitration Act preemption holdings, and they are also limiting the impact of the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, so Congress needs to step in and amend both laws, says Alan Kabat at Bernabei & Kabat.

  • What 11th Circ. Revival Of Deaf Employee's Bias Suit Portends

    Author Photo

    The Eleventh Circuit's recent Beasley v. O'Reilly Auto Parts decision, which created a circuit split involving the issue of linking accommodations under the Americans with Disabilities Act to essential job functions, is a curiosity about the court's analysis at least and a potential game changer for employer duties at most, says John Doran at Sherman & Howard.

  • What To Watch As Justices Take Up Title VII Job Transfer Case

    Author Photo

    With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.

  • Parsing EEOC Guidance On Accommodating Low Vision

    Author Photo

    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

    Author Photo

    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.