Discrimination

  • May 21, 2024

    MLB Scouts' Colo. Age Bias Suit Moved To New York

    A Colorado federal judge refused to dismiss an age bias suit brought against Major League Baseball by a group of 40-and-older scouts and instead transferred the case to New York, saying he was using his discretionary authority because most defendants have no ties to his district.

  • May 21, 2024

    NY High Court Upholds State Abortion Coverage Mandate

    New York's highest court on Tuesday upheld a state law requiring employee health plans to cover medically necessary abortions, finding a 2021 U.S. Supreme Court decision didn't change the state court's determination that an exemption process in the law was constitutional.

  • May 21, 2024

    6th Circ. Won't Restart GM Engineer's Age Bias Suit

    The Sixth Circuit on Tuesday backed General Motors' defeat of an engineer's lawsuit claiming he was harassed and transferred to less lucrative jobs because he's over 50, ruling he failed to show that a supervisor's sporadic comments created a hostile work environment.

  • May 21, 2024

    Food Cos. To Pay $245K To End EEOC Harassment Suit

    Several food companies will pay $245,000 to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission alleging a predecessor company's executive harassed employees with crude comments and unwanted touching and then fired workers who complained about it, a filing in California federal court said.

  • May 21, 2024

    7th Circ. Skeptical Of Bias Suit Over Honeywell DEI Video

    The Seventh Circuit appeared reluctant Tuesday to revive a former Honeywell engineer's suit claiming he was unlawfully fired after declining to watch a training film he said discriminated against white people, with judges questioning how the ex-worker could prevail if he never saw the video.

  • May 21, 2024

    Caterpillar To Pay $800K To End DOL Race Bias Probe

    Heavy equipment manufacturer Caterpillar Inc. has agreed to pay $800,000 to resolve U.S. Department of Labor allegations that it refused to hire qualified Black applicants for welding positions at an Illinois facility, the agency said Tuesday.

  • May 21, 2024

    Jury Awards Nurse $200K In Workplace Retaliation Suit

    A Puerto Rico federal jury handed a $200,000 win to a nurse in her suit accusing a government agency of standing by as a co-worker threatened to stab her and fabricated complaints against her after she alleged the colleague's friend sexually harassed her.

  • May 21, 2024

    ABA Faces Racial Bias Complaint Over Diversity Programs

    A conservative nonprofit on Tuesday hit the American Bar Association with a Title VI complaint, claiming a handful of "nefarious" ABA-led programs meant to connect minority law school students with judges are "racially discriminatory."

  • May 21, 2024

    Littler Hires Employment Advice Leader From Lewis Brisbois

    The co-chair of Lewis Brisbois Bisgaard & Smith LLP's employment advice and counseling practice has joined Littler Mendelson PC's Providence, Rhode Island, office, the firm announced.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 21, 2024

    Ex-Workers Drop Gender Bias Suit Against Ga. Medical Cos.

    Two female former human resources workers for a medical management company and a podiatrist center told a Georgia federal court they had agreed to drop their lawsuit accusing their ex-employers of discriminating against them based on gender, reclassifying them as hourly and firing them for complaining.

  • May 21, 2024

    3rd Circ. Revives American Airlines Pilots' Military Leave Suit

    The Third Circuit reopened a class action Tuesday accusing American Airlines of unlawfully denying pilots pay for short military assignments while compensating employees for jury duty and bereavement leave, ruling a trial is needed to determine whether time off for military service is fungible with paid absences.

  • May 20, 2024

    AMC Can Arbitrate Suit Alleging 'Hannibal' Creator Assault

    A Los Angeles judge on Monday granted AMC's request to arbitrate claims brought by a television producer who says he was sexually assaulted by "Hannibal" creator Bryan Fuller while working on a docuseries for the cable channel and also stayed claims against Fuller and all defendants.

  • May 20, 2024

    Colo. Gov. Voices 'Reservations' In Signing AI Bias Bill

    Colorado's governor has approved the nation's first framework to clamp down on algorithmic discrimination in certain artificial intelligence technologies, although he expressed several "reservations" about the measure that he urged the Legislature to address before the law takes effect in 2026. 

  • May 20, 2024

    EEOC Says Red States Can't Block PWFA Rule On Abortion

    The U.S. Equal Employment Opportunity Commission urged an Arkansas federal judge to reject a bid by 17 Republican state attorneys general to block recently finalized regulations that guide the Pregnant Workers Fairness Act, arguing that concerns about its abortion accommodations are merely hypothetical.

  • May 20, 2024

    Cops Say Challenge To NJ City Pot Policy Is State Matter

    A pair of former Jersey City, New Jersey, cops who sued city officials alleging they were wrongfully terminated for their off-duty use of regulated cannabis have asserted that the city improperly moved the matter to federal court and that the case belongs under state jurisdiction.

  • May 20, 2024

    Tesla Must Face Sweeping Race Bias Class Action

    Tesla must face a class action by scores of Black workers accusing it of a widespread culture of racial discrimination at its factory in Fremont, California, a state trial court judge has ruled.

  • May 20, 2024

    EEOC Urges Reversal In State Farm Worker's Retaliation Suit

    The U.S. Equal Employment Opportunity Commission asked the Sixth Circuit to upend State Farm's win in a former worker's suit, saying there's evidence she was fired in retaliation for helping a disabled colleague lodge a complaint against her supervisor because he abruptly yanked her accommodation.

  • May 20, 2024

    Boar's Head Can't Untangle Collective In NY Late Pay Suit

    A New York federal judge said Boar's Head can't get reconsideration of an order greenlighting a collective in a late pay suit because the workers in the case supported their claims, but granted the deli meat and cheese company's request to rework the collective definition.

  • May 20, 2024

    Ex-Detroit Tigers Worker Settles Age Bias Suit With Team

    A Michigan federal judge on Monday issued a brief order dismissing an age bias lawsuit brought by a former Detroit Tigers employee against the MLB team, saying the parties informed the court they have resolved all claims just a month before trial was set to begin.

  • May 20, 2024

    2nd Circ. Revives Ex-Transit Worker's Discrimination Suit

    The Second Circuit reopened a Black former office clerk's lawsuit alleging her supervisor at a western New York transit authority harassed her by disparaging George Floyd just weeks after his death, finding a trial court should've given her more information about conducting discovery before tossing the case.

  • May 20, 2024

    3rd Circ. Backs Museum Win In Ex-Worker's Retaliation Suit

    The Third Circuit declined to reinstate a lawsuit an ex-worker brought against a Pennsylvania museum accusing it of firing him after he asked for accommodations to treat a back injury he suffered at work, saying his allegations aren't strong enough to sustain a retaliation case.

  • May 20, 2024

    Senate Gets Chance To Tackle An Overlooked Form Of Bias

    A bill invalidating mandatory arbitration agreements for workplace age discrimination claims recently won bipartisan support for a full Senate vote, a development experts say gives lawmakers a chance to curb a type of bias that's remained stubbornly persistent as some people perceive it as acceptable.

  • May 20, 2024

    RV Co. Staves Off Trial In EEOC Disability Bias Suit

    A recreational vehicle manufacturer will pay more than $95,000 to settle U.S. Equal Employment Opportunity Commission claims that it fired a painter the day he underwent surgery, the company said Monday, after the agency secured judgment in the Indiana federal court case that was headed to a damages trial.

Expert Analysis

  • Equinox Bias Verdict Shows Swift Employer Response Is Key

    Author Photo

    A nearly $11.3 million jury verdict against Equinox in New York federal court shows just how high the stakes are for employers dealing with harassment and discrimination in the workplace, and how important consistent investigation and discipline are when responding to individual internal complaints, says Jennifer Huelskamp at Porter Wright.

  • A Midyear Review Of EEOC's Gender-Related Priorities

    Author Photo

    The U.S. Equal Employment Opportunity Commission’s 2023-2027 strategic enforcement plan focuses on various gender-related issues such as the enactment of pregnancy discrimination and pay transparency laws, and now, more than halfway through the fiscal year, the EEOC's enforcement of such laws is set to surpass previous years, say attorneys at Proskauer.

  • Employer Drug-Testing Policies Must Evolve With State Law

    Author Photo

    As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.

  • Insurance Implications Of High Court Affirmative Action Ruling

    Author Photo

    The U.S. Supreme Court's recent ruling striking down affirmative action admissions policies at Harvard University and the University of North Carolina will likely result in more litigation related to hiring practices, with implications for insurance coverage, meaning policyholders must remain wary of exclusions and other potential roadblocks, say attorneys at Pillsbury.

  • 4 Strategies To Counter Antisemitism In The Workplace

    Author Photo

    With antisemitism on the rise in the U.S., employers have a duty to help Jewish employees feel safe and supported in their professional lives by adapting the four points of the Biden administration's National Strategy to Counter Antisemitism for the workplace, say Johanna Zelman and Rachel Ullrich at FordHarrison.

  • Employer Steps To Protect DEI Plans Post-Affirmative Action

    Author Photo

    The U.S. Supreme Court’s decision to end affirmative action in higher education may embolden opponents of diversity, equity and inclusion efforts in the employment context, but employers can take steps to mitigate litigation risks while still advancing their internal policy goals, say Greg Demers and Renai Rodney at Ropes & Gray.

  • Unpacking The POWR Act, Colo.'s New Work Harassment Law

    Author Photo

    With the August rollout of Colorado’s Protecting Opportunities and Workers' Rights Act set to make it easier for employees to claim harassment, companies should confirm that their harassment prevention programs satisfy the law’s requirements and provide a clear method to investigate any future claims, say Mamie Ling and Michael Freimann at Armstrong Teasdale.

  • Complying With AI Guidance In Employment Decisions

    Author Photo

    Following the Equal Employment Opportunity Commission’s recently updated guidance on the use of artificial intelligence for employment-related decisions, employers need to adapt in kind to ensure they are using technology in a responsible, compliant and nondiscriminatory manner, say Luke Bickel and Yasamin Parsafar at Sheppard Mullin.

  • NY, Minn. Set Pace For Employee Breastfeeding Protections

    Author Photo

    Breastfeeding employees have gotten increased legal protections through recently effective amendments in New York and Minnesota, and the laws underline the need for employers to watch for state-level legislative efforts to extend these protections beyond federal requirements, say John Litchfield and Miranda Curtis at Foley & Lardner.

  • Bar Score Is Best Hiring Metric Post-Affirmative Action

    Author Photo

    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • What To Expect From High Court's Whistleblower Case

    Author Photo

    The U.S. Supreme Court's upcoming decision in Murray v. UBS Securities will likely have widespread implications for the future of anti-retaliation whistleblower litigation, and could make it more difficult for would-be whistleblower-employees to succeed on anti-retaliation claims under the Sarbanes-Oxley Act, say Ann-Elizabeth Ostrager and Diane McGimsey at Sullivan & Cromwell.

  • 'Equal Harassment' Is No Shield Against Title VII Claims

    Author Photo

    The Ninth Circuit’s decision in Sharp v. S&S Activewear, rejecting an employer's claim that it did not create a sexually hostile work environment because the misogynist music it played offended all workers equally, reminds companies that they can face Title VII liability even when misconduct does not target a specific group, says Laura Lawless at Squire Patton.

  • Recent Changes Mark A Key Moment For New York High Court

    Author Photo

    Recent developments in the New York Court of Appeals — from rapid turnover and increasing diversity, to a perception among some of growing politicization — mark an important turning point, and the court will continue to evolve in the coming year as it considers a number of important cases, say attorneys at Gibson Dunn.