Discrimination

  • May 06, 2024

    3rd Circ. Won't Revive Male Biopharma Worker's Sex Bias Suit

    The Third Circuit backed the dismissal Monday of a worker's suit claiming a biopharmaceutical company fired him over gender bias when a woman complained that he created an intolerable and toxic work environment, ruling there isn't enough evidence to support his case.

  • May 06, 2024

    7th Circ. Backs Ford In Black Ex-Plumber's Bias Suit

    The Seventh Circuit on Monday upheld Ford Motor Co.'s defeat of a former plumber's lawsuit alleging she was punished for reporting she'd been treated harshly by her supervisor because she's a Black Muslim woman, finding nothing wrong with a lower court tossing the case.

  • May 06, 2024

    9th Circ. Hints Walmart Can't Avoid Jury In Disability Bias Suit

    A Ninth Circuit panel indicated Monday that it doubted Walmart Inc. was being honest when it told a vision-impaired employee seeking to come back from a leave of absence that no jobs were available, with one judge suggesting a jury should decide if the retail giant lied to the worker.

  • May 06, 2024

    Workday Defeats In-House Atty's Bias Suit, For Now

    A California magistrate judge on Monday dismissed, for now, a lawsuit by a Workday Inc. in-house attorney who accused the company of discriminatory and retaliatory behavior, which included pay inequities and calling the police to conduct an unnecessary wellness check at his house when he was hospitalized. 

  • May 06, 2024

    Chicago To Pay $6M To End Water Workers' Race Bias Suits

    The city of Chicago will pay nearly $6 million to end several lawsuits accusing its water management department of allowing racism to go unchecked and subjecting Black employees to harsher discipline than white workers, counsel for the workers said Monday.

  • May 06, 2024

    NJ Justices Erase Gov't Workplace Probe Confidentiality Rule

    The New Jersey Supreme Court on Monday struck down part of a state statute that directs investigators to request, but not require, confidentiality in discrimination or harassment investigations involving state workers, ruling the provision still reached too far and chilled protected speech.

  • May 06, 2024

    Mass. Justices Wary Of Spiking Uber, Lyft Ballot Questions

    Justices on Massachusetts' highest court appeared unlikely Monday to strike down ballot proposals to reinvent app-based drivers' relationships with Uber, Lyft and the like, commenting that the scattershot ideas for voters in March all carry the underlying theme of creating a carveout from the state's worker-friendly employee classification law.

  • May 06, 2024

    Staffing Co. Can't Slip Mercedes Apprentice's Bias Claims

    A federal judge declined Monday to shut down claims from a Black worker who said she was unlawfully fired from a Mercedes-Benz apprenticeship program for complaining that her white, male counterparts received better treatment, saying the staffing company may have been her joint employer.

  • May 06, 2024

    Ex-Worker Sues Fla. Krispy Kreme Over Transgender Status

    A former employee at a corporate-owned Krispy Kreme restaurant in Miami has sued the company in Florida state court on allegations of sex and gender discrimination, saying that a manager fired her after learning about her transgender status.

  • May 06, 2024

    Colo. High Court Sanctions Ex-Judge Who Harassed Staff

    The Colorado Supreme Court on Monday formally censured a former state judge who sought out relationships with court staff and tried to get another judge to expedite his father's probate case, finding the judge "repeatedly abused his power for self-gain," and ordered him to pay $51,000 in sanctions.

  • May 06, 2024

    Blaze Media Must Show Docs In Harassment Suit, Judge Says

    A Texas federal judge ordered Blaze Media to cough up documents relating to a former commentator accused of sexual harassment, finding that the conservative media company didn't do enough to show that the discovery requests were overly broad and concerned confidential information.

  • May 06, 2024

    Prof's Free Speech Suit Over Native Land Statement Falls Flat

    A federal judge has tossed a professor's suit alleging the University of Washington violated his First Amendment rights after he opposed including an acknowledgment of Native Americans in his syllabus for a computer science course, saying his stance created a burden for the school.

  • May 06, 2024

    Ex-DeKalb Ethics Officer Wants Race Bias Suit Kept Alive

    Attorneys for a former DeKalb County Board of Ethics deputy ethics officer told a Georgia federal judge Monday that a magistrate judge ignored "key facts" when recommending the dismissal of her suit alleging she was fired for complaining about racial discrimination. 

  • May 06, 2024

    Gerdau Steel Settles Fathers' Parental Leave Suit In Texas

    A suit accusing steel producer Gerdau of not allowing male mill workers to take parental leave will be put to rest after a Texas federal judge signed off on a nationwide deal between the workers and the company.

  • May 06, 2024

    Ex-Morgan & Morgan Paralegal Hits Firm With FMLA Suit

    A former Morgan & Morgan PA paralegal who says she was unlawfully fired after requesting time off under protections afforded by the Family and Medical Leave Act has sued the firm in Florida federal court, alleging interference and retaliation.

  • May 06, 2024

    Lewis Brisbois Employment Pro Joins Fisher Phillips In NJ

    Fisher Phillips LLP is building out its New Jersey presence with the addition of a former Lewis Brisbois Bisgaard & Smith LLP labor and employment partner coming aboard as of counsel.

  • May 03, 2024

    Ruling In School Misgendering Suit Is A Boon For Employers

    An Indiana federal court's recent decision shooting down a teacher's religious objections to a school district's policy requiring its educators to call transgender students by their gender-affirming names is a favorable one for employers that might find themselves similarly balancing competing interests, legal experts said.

  • May 03, 2024

    Workday Hearing To Put Spotlight On AI Bias Liability

    An upcoming hearing in California federal court in a job candidate's discrimination case over software provider Workday's artificial intelligence-powered hiring tools will hinge on the question of who shoulders the liability when a high-tech workplace tool churns out biased results.

  • May 03, 2024

    NY Forecast: Judge Weighs Class Cert. In Tax Prep OT Case

    In the coming week, a federal magistrate judge will consider whether to grant class certification to New York income tax preparers who claim they were denied overtime pay due to their employer's practice of paying them on commissions. Here, Law360 explores this and other cases on the docket in New York.

  • May 03, 2024

    9th Circ. Reopens Ex-TSA Manager's Retaliation Suit

    The Ninth Circuit on Friday revived a former Transportation Security Administration manager's lawsuit alleging she was fired for settling a discrimination charge she filed with the U.S. Equal Employment Opportunity Commission, saying a reasonable jury could conclude she was treated harsher than a comparable colleague.

  • May 03, 2024

    Claims Court Trims Military Vax Mandate Class Action

    The U.S. Court of Federal Claims pared back a proposed class action seeking military back pay for service members allegedly discharged for not complying with a 2021 COVID-19 vaccination mandate, saying it had no jurisdiction over a nonmoney-mandating statute.

  • May 03, 2024

    Ex-Spirit Flight Attendant Drops FMLA Suit

    A Florida federal judge on Friday dismissed a lawsuit a former flight attendant lodged against Spirit Airlines accusing it of firing her after she complained that its medical leave policies ran afoul of the Family and Medical Leave Act.

  • May 03, 2024

    Texas Agency Fired Worker Over Headscarf, DOJ Says

    The Texas Department of Criminal Justice effectively fired an employee who wore a headscarf to work in accordance with her religious beliefs after questioning the sincerity of her faith, the federal government alleged in a lawsuit filed against the agency Friday in Texas federal court.

  • May 03, 2024

    Judge Calls Foul On Tigers' Bid To Block Age Bias Testimony

    A Michigan federal judge called out the Detroit Tigers for failing to indicate whether it had reached out to opposing counsel before filing its recent motion to exclude testimony in a former clubhouse manager's age bias case, denying the team's exclusion bid as trial approaches.

  • May 03, 2024

    Calif. Forecast: Justices To Hear PAGA Intervenor Args

    In the coming week, attorneys should watch for oral arguments before the California Supreme Court on the issue of the right of workers bringing a case under the state's Private Attorneys General Act to intervene in a separate matter. Here's a look at that case and other labor and employment matters coming up in the Golden State.

Expert Analysis

  • 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.

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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.