Discrimination

  • March 26, 2024

    11th Circ. Affirms RaceTrac Win In Worker's FMLA Bias Fight

    A split Eleventh Circuit panel has upheld RaceTrac Petroleum's early win in a Family and Medical Leave Act lawsuit filed by a former engineer, finding she never medically certified her abrupt leave from the company, which itself had legitimate business reasons for eliminating her position shortly after she returned to work.

  • March 26, 2024

    6th Circ. Won't Let Propane Retailer Nix EEOC's Subpoena

    The Sixth Circuit said Tuesday that Ferrellgas LP must provide the U.S. Equal Employment Opportunity Commission with information it requested as part of an investigation into a sex and race discrimination charge, backing a lower court's conclusion that the request wasn't too expansive.

  • March 26, 2024

    Examples Seen As Crucial To Useful EEOC, NLRB Guidance

    The U.S. Equal Employment Opportunity Commission and National Labor Relations Board may be joining forces to clarify how protections for workers who get heated during union activity square with anti-discrimination law, and experts said specific examples on this interplay are at the top of their wish list.

  • March 26, 2024

    X Wants Former Twitter Security Head's Claims In Arbitration

    X Corp. said a former Twitter security chief's claims that he was fired for protesting massive budget cuts belong in arbitration, arguing it did not waive its right to arbitrate by refusing to pay more than half of the arbitration fees.

  • March 26, 2024

    Md. Casino To Pay $100K To End EEOC Sex Harassment Suit

    A resort and casino agreed to pay $100,000 to resolve a suit the U.S. Equal Employment Opportunity Commission brought accusing it of failing to step in when a female former bartender endured sexual harassment from a male colleague, after a Maryland federal judge approved the deal Tuesday.

  • March 26, 2024

    Starbucks Settles Worker's Suit Alleging Manager Groped Her

    Starbucks Corp. has settled a lawsuit with an employee who alleged her reports of groping and harassment by a manger resulted in a retaliatory investigation, stunting her career with the coffee chain.

  • March 26, 2024

    White Ex-Radio Exec Says He Was Fired For Bias Complaint

    An executive at a New York City hip-hop station was told he was "too white" for his job and fired when he complained about the discrimination he faced, according to a lawsuit filed in New York state court.

  • March 26, 2024

    Jurisdiction Snafu Sinks US Bank Exec's Second Firing Suit

    A former U.S. Bank managing director has lost a second lawsuit challenging his firing, after a Colorado federal judge on Tuesday ruled that the executive is precluded from bringing a wrongful termination claim after a procedural misstep in the first case.

  • March 26, 2024

    Gender Pay Bias Claims Against MetLife Allowed To Proceed

    A New York federal judge in Manhattan trimmed hostile work environment and biased firing claims Tuesday from a gender discrimination lawsuit a fired female executive brought against insurance company MetLife, but said there was enough evidence the insurance giant paid her less than her male co-workers and denied her promotions.

  • March 26, 2024

    MLS Team Owners Discriminate Under One Entity, Coach Says

    A Black coach has urged a New York federal court to not dismiss his race bias lawsuit against the MLS, saying he's suing the correct entity because the teams that he alleged discriminated against him are not independent and are members of one organization.

  • March 26, 2024

    Nashville Settles Trooper's HIV Bias Suit Over Pulled Job Offer

    Nashville will pay $145,000 to settle a state trooper's disability bias suit alleging the city's police department illegally yanked back a job offer after it found out he was HIV positive, according to an agreement resolving the Tennessee federal court case.

  • March 26, 2024

    11th Circ. Won't Reopen Asian Nurse's Bias, Retaliation Suit

    The Eleventh Circuit refused Tuesday to reinstate an Asian nurse's lawsuit alleging she was accused of stealing medicine and placed on leave after she complained about discrimination, saying her Alabama medical center was on solid ground to fire her when she refused to return to work.

  • March 26, 2024

    Fed. Circ. Revives VA Pharmacist's Gender Pay Bias Suit

    The Federal Circuit breathed new life Tuesday into a pharmacist's suit alleging she was paid less than a male colleague by a U.S. Department of Veterans Affairs medical center, ruling the federal government can't rely on salary history alone to dispel gender bias claims.

  • March 26, 2024

    Ex-CLO Must Arbitrate Firing Suit Against Gambling Co. GAN

    Online gaming and sports betting company GAN Ltd. has won its bid in California federal court to force its former chief legal officer into arbitration over claims in his wrongful firing complaint alleging his termination was motivated in part by his whistleblowing and objections to a hostile work environment.

  • March 26, 2024

    Wash. Appeals Court Reinstates Nurse's Sex Harassment Suit

    A trial court jumped the gun when it tossed a lawsuit from a nurse who said a University of Washington-owned air ambulance outfit transferred her after she complained about sexual harassment, a state appeals court ruled, saying a reasonable jury could find in her favor.

  • March 26, 2024

    2nd Circ. Revives Gender Bias Case Against Grocery Chain

    A district court applied too harsh a standard when it dismissed a fired manager's sex bias suit against a supermarket chain, the Second Circuit said Tuesday, in a ruling that sought to "demystify" the test for assessing whether some discrimination claims can move to trial.

  • March 25, 2024

    Homeland Security Raids Diddy's Homes In LA, Miami

    The U.S. Department of Homeland Security on Monday raided homes owned by Sean "Diddy" Combs in Los Angeles and Miami, according to a statement from DHS as well as news reports.

  • March 25, 2024

    Eatery Fired Black Cook For Challenging Abuse, EEOC Says

    A restaurant and brewery fired a Black cook for complaining that verbal abuse targeting Black and Hispanic employees ran rampant in the workplace as well as the mistreatment of female employees, according to a U.S. Equal Employment Opportunity Commission suit filed Monday in Georgia federal court.

  • March 25, 2024

    Feds Seek To Block Calif. Corrections Agency's Beard Ban

    The federal government on Monday asked a federal judge to stop the California Department of Corrections and Rehabilitation from demanding that officers be clean-shaven even if religious beliefs require them to have a beard, arguing the inflexible policy has caused officers to feel depressed and ostracized by their communities.

  • March 25, 2024

    Arbitration Agreement Scrapped In NJ Doc's Sex Assault Suit

    A New Jersey appeals court on Monday undid an order compelling arbitration in a pain management physician's suit alleging a fellow doctor sexually assaulted her, finding the arbitration agreement in her employment contract ambiguous and unenforceable.

  • March 25, 2024

    Texas Challenge To HHS Adoption Discrimination Rule Tossed

    A Texas federal judge has scrapped a lawsuit challenging an Obama-era rule prohibiting recipients of adoption-related federal funding from discriminating based on gender and sexual orientation, writing that the federal government's decision not to enforce the regulation moots the case. 

  • March 25, 2024

    Ex-Boar's Head Worker Gets Collective Cert. In Late Pay Suit

    A New York federal judge said a former Boar's Head employee showed that other workers are similarly situated in his late pay suit, granting the worker's bid for conditional certification of a collective.

  • March 25, 2024

    2nd Circ. Nixes Domestic Violence Shelter Worker's ADA Suit

    The Second Circuit refused Monday to revive a counselor's suit alleging a domestic violence shelter cut her work hours after she asked not to be placed on overnight shifts because of her bipolar disorder, finding that around-the-clock availability was critical to the job.

  • March 25, 2024

    Journalist Says Israel-Hamas Coverage Qualms Got Him Fired

    A Palestinian Arab-American journalist was fired from CBS News Detroit after he complained that the station wasn't providing equal coverage of Palestinian-American perspectives on the Israel-Hamas war, according to a lawsuit he filed in Michigan federal court.

  • March 25, 2024

    DOJ Calls Probe Of Alleged SpaceX Hiring Bias Constitutional

    The U.S. Department of Justice has defended its investigation into allegations that SpaceX refused to hire asylum-seekers and refugees, telling a Texas federal judge that its authority stems from a constitutionally sound provision of federal immigration law barring workplace discrimination based on citizenship status.

Expert Analysis

  • Eye On Compliance: An NLRB Primer For Private Employers

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    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

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    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

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    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'

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    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

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    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.

  • 4th Circ. Ruling Outlines Defense Against Retaliation Claims

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    The Fourth Circuit's surprising decision in Johnson v. Global Language Center eschewed the low standard typically applied to demonstrating protected activities under Title VII and could affect internal complaint processes and the retaliation defenses available to employers, say Tory Summey and Zack Anstett at Parker Poe.

  • An Overview Of OFCCP's Religious-Exemption Reset

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    The recent rescission of a Trump-era rule that gave government contractors broader latitude under federal anti-discrimination rules doesn't prohibit employment decisions based on religious faith, but clarifies the factors a company must consider when seeking a religious exemption, say Zev Grumet-Morris and Christopher Durham at Duane Morris.

  • FMLA Confusion Persists Despite New DOL Advisory

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    A recent U.S. Department of Labor advisory opinion provides some clarity regarding the Family and Medical Leave Act's handling of holiday weeks, but the FMLA remains a legal minefield that demands fact-specific analysis of each employee's unique situation, says Nicholas Schneider at Eckert Seamans.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Attendance Policies, ADA May Be In EEOC's Crosshairs

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    While a recent matter before the Eleventh Circuit primarily involved the U.S. Equal Employment Opportunity Commission’s subpoena power, the case's factual details suggest that the agency wants to determine whether certain attendance policies violate the Americans with Disabilities Act, potentially on a nationwide scale, say Anne Yuengert and William Manuel at Bradley Arant.

  • High Court Ruling Wouldn't Change Federal Affirmative Action

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    If the U.S. Supreme Court's eventual decision in two cases concerning affirmative action indicates that using race or ethnicity as a factor in college admissions is illegal, it would align with how the Office of Federal Contract Compliance Programs already enforces nondiscrimination regulations for government contractor hiring, say Joanna Colosimo and Evan Szarenski at DCI Consulting.

  • Title IX Damages Outlook 1 Year After High Court Ruling

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    Federal courts have been extending the holding of last year's U.S. Supreme Court decision, Cummings v. Premier Rehab Keller, to disallow emotional distress damages under Title IX, but students and educators suing educational institutions for gender discrimination can still recover monetary damages under alternate theories, say attorneys at Sanford Heisler.

  • State Laws Could Complicate Employer Pandemic Protocols

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    If the recent wave of state bills that would prevent employers from implementing certain safety protocols in a future pandemic is signed into law, companies — especially those that operate across state lines — will be forced to completely rewrite their pandemic playbooks to avoid compliance issues and discrimination claims, says Karla Grossenbacher at Seyfarth Shaw.