Discrimination

  • 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.

  • May 21, 2024

    NC Agency Atty Gets More Time To Prep For Bias Trial

    A North Carolina federal judge shut down the state justice department's bid to stop an attorney from calling witnesses and offering exhibits in her discrimination trial, according to a docket order that appears to give the plaintiff more time to prepare.

  • May 21, 2024

    EEOC Guidance Over Gender Identity Can't Stand, Texas Says

    The Texas attorney general requested Tuesday that a federal judge do away with the U.S. Equal Employment Opportunity Commission's enforcement guidance over gender identity and Title VII, arguing that the agency must be stopped from requiring employers' compliance with pronoun and bathroom accommodations.

  • 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.

Expert Analysis

  • How End Of Forced Arb. Is Affecting Sex Harassment Cases

    Author Photo

    A little over a year after the Ending Forced Arbitration of Sexual Assault Act became effective, we have started seeing substantive interpretation of the EFAA, almost exclusively from the U.S. district courts in New York, and there are two key takeaways for employers, says Lisa Haldar at Lawrence & Bundy.

  • Adjusting Anti-Harassment Policies For Remote Work

    Excerpt from Practical Guidance
    Author Photo

    Limited employee oversight and a lack of privacy in virtual meetings are just two examples of drawbacks to remote work that increase the risk of workplace harassment — but employers can adapt their existing anti-harassment policies to better suit these circumstances, says Ellen Holloman at Cadwalader.

  • Worker Accommodations After Justices' Religious Bias Ruling

    Author Photo

    While the U.S. Supreme Court's recent Groff v. DeJoy decision makes it easier for employees to obtain religious accommodations under Title VII, it also guarantees more litigation over what counts as a substantial hardship for businesses, as lower courts will have to interpret the exact contours of the new standard, says Caroline Corbin at the University of Miami School of Law.

  • The Differing Court Approaches To Pay Equity Questions

    Author Photo

    Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.

  • Legal Profession Must Do More For Lawyers With Disabilities

    Author Photo

    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Calif. Whistleblower Decision Signals Change For Employers

    Author Photo

    Because the California Supreme Court's recent The People v. Kolla's decision significantly expands employee whistleblower protections, employers should ensure that internal reporting procedures clearly communicate the appropriate methods of reporting and elevating suspected violations of law, say Alison Tsao and Sophia Jimenez at CDF Labor Law.

  • What Affirmative Action Ruling Means For Higher Ed And Cos.

    Author Photo

    The U.S. Supreme Court's holding that race-conscious admissions programs at two educational institutions violate the Constitution's equal protection clause applied the "strict scrutiny" standard that governs race-conscious programs in a way that will be very difficult for educational institutions and other entities to satisfy, say attorneys at Jenner & Block.

  • Pay Transparency And ESG Synergy Can Inform Initiatives

    Author Photo

    The proliferation of pay transparency laws and ESG initiatives has created unique opportunities for companies to comply with the challenging laws while furthering their social aims, says Kelly Cardin at Ogletree.

  • Eye On Compliance: An NLRB Primer For Private Employers

    Author Photo

    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • Formula In New York City AI Bias Law Is Not Ready For Use

    Author Photo

    New York City will soon begin enforcing its law regulating the use of artificial intelligence in employment decisions, but the statute's bias audit rules introduced a problematic scoring rate formula that should be rectified before it's mandated for use in the real world, says Jey Kumarasamy at BNH.AI.

  • Employer Tips For Complying With NYC Weight Bias Ban

    Author Photo

    To comply with New York City’s new law that prohibits weight or height discrimination in employment and housing decisions, employers will not only need to update workplace handbooks, anti-bias policies and training materials, but also job postings, applications and descriptions, say Jonathan Wexler and Taylor McCann at Vedder Price.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • How New Pregnancy, Nursing Laws Surpass Prior Protections

    Author Photo

    Employers must understand how the new Pregnant Workers Fairness and PUMP Acts build on existing federal workplace laws — and they will need to make key updates to ensure compliance, say Alexandra Garrison Barnett and Leigh Shapiro at Alston & Bird, and Kandis Wood Jackson at McKinsey & Co.