Discrimination

  • April 01, 2024

    Engraver Asks Justices To Review Partial Tossing Of Bias Suit

    A metal engraver asked the U.S. Supreme Court to review the dismissal of his claims that a silversmith fired him because he's over 40 and had carpal tunnel syndrome, arguing the Ninth Circuit prevented him from sufficiently presenting what's left of his case to a jury.

  • April 01, 2024

    6 Argument Sessions Bias Attys Should Watch In April

    The Second Circuit will hear a case that could help determine the scope of the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, while fitness company Equinox and supermarket chain Trader Joe's will square off with workers looking to revive discrimination suits. Here, Law360 looks at six oral arguments to keep an eye on this month.

  • April 01, 2024

    Ex-Teacher, District Seek Wins In Pronoun Policy Bias Suit

    A former teacher and the Ohio school district she accused of forcing her to resign after she refused to use the preferred names and pronouns of her transgender students each filed briefs urging a Buckeye State federal judge to grant them early wins.

  • April 01, 2024

    Amazon's Disability Inclusion Efforts A Sham, Suit Says

    Amazon's stated commitments to disability inclusion are a sham, a California worker with cerebral palsy claimed in a proposed class action, saying the company gave him a warehouse gig despite his many warnings that he couldn't meet the job's physical demands.

  • April 01, 2024

    HP's $18M Age Bias Deal Gets Final Approval​​​​

    A California federal judge placed the final stamp of approval on an $18 million settlement that ends an age discrimination suit alleging tech company HP Inc. unlawfully pushed out hundreds of older workers under the guise of a workforce reduction plan.

  • April 01, 2024

    With Suit, NJ City Looks To Clear The Air About Cops' Pot Use

    A New Jersey city's lawsuit demanding clarity over whether state or federal law governs off-duty pot use for cops could help cannabis and employment lawyers navigate a growing battle between workers' rights and workplace safety.

  • March 29, 2024

    Petition Watch: Off-Label Ads, Retiree Discrimination & PPE

    A Utah attorney has asked the U.S. Supreme Court to determine whether allegedly retaliatory IRS summonses can be quashed, and two former pharmaceutical executives are challenging the constitutionality of their convictions for marketing the off-label use of a drug. Here, Law360 looks at recently filed petitions that you might've missed.

  • March 29, 2024

    Ohio School Beats Race Bias Suit Over Pandemic Layoffs

    The University of Akron defeated a lawsuit alleging it targeted two finance professors for layoffs during the pandemic because one is Black and one is Asian, with an Ohio federal judge ruling Friday that the academics relied on faulty statistical analysis to back up their claims.

  • March 29, 2024

    11th Circ. Reopens Black Army Worker's Bias Suit

    The Eleventh Circuit reinstated a discrimination suit against the U.S. Army by a Black speech pathologist who alleged her colleagues steered white patients away from her and that her supervisor treated her too harshly, ruling a reasonable jury could find that racism tainted the supervisor's decisions.

  • March 29, 2024

    6th Circ. Opinion Shows High Court Arbitration Ruling's Reach

    A 2-year-old Supreme Court ruling disavowing the special rules judges apply to arbitration contracts was at the heart of a recent Sixth Circuit decision to keep an employment discrimination battle in court, a result experts said is a harbinger of the significant impact the justices' opinion will have.

  • March 29, 2024

    Calif. Forecast: 9th Circ. Takes On Ministerial Exception

    In the coming two weeks, attorneys should watch for Ninth Circuit oral arguments in a pair of cases involving the ministerial exception. Here's a look at those cases and other labor and employment matters coming up in California.

  • March 29, 2024

    NY Forecast: Ex-Worker Wants Sanctions Against Clothing Co.

    In the coming week, a New York federal judge will hear arguments over whether to issue sanctions against a clothing store for not responding to discovery requests in a lawsuit brought by a former sales associate who claims she was unlawfully denied overtime and minimum wage.

  • March 29, 2024

    Exec Says Pharma Co. Yanked Job Offer Over ADHD Medication

    A Pennsylvania man with more than two decades of experience in the pharmaceutical industry claims he was denied a job after testing positive for amphetamines, even though he notified the Garden State company that he was on medication for attention deficit hyperactivity disorder, in violation of New Jersey's Law Against Discrimination.

  • March 29, 2024

    University Must Face Bulk Of Fired Jewish Worker's Bias Suit

    A Missouri federal judge declined to throw out harassment and retaliation claims from an Orthodox Jewish worker who claimed a university unlawfully fired her after her supervisor yanked her leave to observe the High Holidays, but the judge said she failed to link her termination to religious discrimination.

  • March 28, 2024

    UMG Wants Out Of Diddy Producer's Sex Assault Litigation

    UMG Recordings has asked a New York federal court to free it from a producer's suit claiming he was sexually assaulted and harassed while working on Sean 'Diddy' Combs' latest album, slamming the suit as riddled with "knowingly false allegations" that publicly smear the music company.

  • March 28, 2024

    Union Permitted MTA's Drug Test In Rep's Firing Suit, Judge Says

    A former New York electrical worker and union rep can't sue the Metropolitan Transportation Authority for firing him after a return-to-work drug test found evidence of marijuana use, as the union never raised the alarm about such drug tests before, a New York federal judge has ruled.

  • March 28, 2024

    Staffing Co. Takes $100K DOJ Deal To End Hiring Bias Claims

    An information technology staffing group agreed to pay $100,000 to resolve claims that its online job advertisements discouraged and excluded asylum-seekers and refugees from applying, the U.S. Department of Justice announced.

  • March 28, 2024

    Trans Officer's Harassment Was 'Severe,' 11th Circ. Says

    The Eleventh Circuit on Thursday revived a lawsuit brought by a transgender correctional officer in Georgia, saying he faced a hostile work environment and that a lower court wrongly determined he didn't experience "severe or pervasive" misgendering harassment by colleagues and supervisors.

  • March 28, 2024

    NY Appeals Court Keeps Zionist Org. Whistleblower Suit Alive

    A New York state appeals court on Thursday affirmed the survival of a former executive's claim that proper whistleblower policies were not in place at a Zionist nonprofit that he said he was illegally fired from after complaining about its president, but declined to revive his bias allegations.

  • March 28, 2024

    IBM Must Face Ex-Workers' Age Bias Suit

    A New York federal judge said a lawsuit brought by 16 former workers accusing IBM Corp. of firing older employees to replace them with millennials can proceed despite them not filing the necessary presuit charge with the U.S. Equal Employment Opportunity Commission.

  • March 28, 2024

    Tesla Judge Cites Rodney King Litigation In OK'ing EEOC Suit

    A California federal judge indicated Thursday she'll likely deny Tesla's bids to toss or stay the U.S. Equal Employment Opportunity Commission's allegations that the electric carmaker fostered rampant racism at its Fremont factory, saying ongoing state litigation doesn't preclude the EEOC's claims and comparing the fight to Rodney King litigation.

  • March 28, 2024

    Hog Farm Allowed Harassment Of Trans Worker, EEOC Says

    An Illinois hog farm failed to step in when a worker exposed his genitals and made explicit sexual comments to a transgender female employee, prompting her to quit, the U.S. Equal Employment Opportunity Commission said in a lawsuit filed Thursday.

  • March 28, 2024

    FSU Reaches Deal To End Family Leave Retaliation Suit

    Florida State University and a former program coordinator have agreed to settle her lawsuit alleging FSU fired her for asking to take time off to care for her father during his cancer treatment, they told a federal court.

  • March 28, 2024

    LAPD Officer Scores $11.6M Jury Verdict In Retaliation Suit

    A California state jury said the Los Angeles Police Department should pay a former officer nearly $11.6 million over allegations that it subjected him to unwarranted investigations because he's Samoan and transferred him out of a prestigious K-9 bomb detection unit when he complained.

  • March 28, 2024

    Warner Bros. Hit With Suit Over 'Draconian' COVID Vax Policy

    A former producer with Warner Bros. told a Houston federal court that he was forced to resign due to the company's "draconian policy" mandating COVID-19 vaccines for employees.

Expert Analysis

  • 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.

  • Tips For Making And Maintaining Employee Resource Groups

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    Employers should consider creating employee resource groups to create a workplace that can flourish in the new remote work reality, and keep in mind three best practices to avoid potential legal pitfalls and challenges that come with them, say Tyler Paetkau and Catarina Colón at Husch Blackwell.

  • Employer Pointers From Tiger Woods' Legal Dispute With Ex

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    Ex-girlfriend Erica Herman's sexual harassment suit against Tiger Woods, which was recently sent to arbitration, highlights the need for employers to understand their rights and responsibilities around workplace relationships, nondisclosure agreements and arbitration provisions, say Stephanie Reynolds and Sean McKaveney at Fisher Phillips.

  • Equinox Bias Verdict Shows Swift Employer Response Is Key

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.