Discrimination

  • February 16, 2024

    Calif. Forecast: Coverall Wage Cases Head To 9th Circ. Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a pair of cases against janitorial franchising company Coverall North America Inc. Here's a look at those cases and other labor and employment matters coming up in California.

  • February 16, 2024

    NY Forecast: 2nd Circ. Hears Xerox Healthcare Union Case

    In the coming week, the Second Circuit will consider a union's argument to overturn a lower court decision holding that a union could not arbitrate a grievance over Xerox's decision to end health benefits for retired workers. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 16, 2024

    Judge Trims Ex-CFO's Sex Bias Claims Against Anderson Kill

    A New York federal judge on Thursday trimmed sex bias claims from a former chief financial officer's disability discrimination lawsuit against insurance recovery law firm Anderson Kill PC, while denying the firm's request to disqualify the former executive's counsel.

  • February 16, 2024

    Trump Atty Didn't Go 'Rogue' In Pushing Club NDA, Court Told

    A former server suing a Trump Organization golf club over a nondisclosure agreement that she was allegedly illegally induced to sign by one of Donald Trump's lawyers has urged a New Jersey state court to keep her suit alive, arguing that the club's motion to dismiss relies on "absurd" arguments.

  • February 16, 2024

    Applicant Lost Job Offer Over Cancer Diagnosis, EEOC Says

    The U.S. Equal Employment Opportunity Commission hit two property management companies with a disability bias suit in Massachusetts federal court, claiming they rescinded a job offer after the applicant was diagnosed with breast cancer. 

  • February 15, 2024

    Kirkland Fights Uphill To Get Atty's Info From 2 BigLaw Firms

    A California federal magistrate judge appeared skeptical Thursday of Kirkland & Ellis' bid to subpoena confidential personnel information from a former IP associate's prior employers Paul Hastings LLP and Fish & Richardson PC in Kirkland's defense against her discrimination suit, telling counsel the requests seem overbroad and "at best marginally relevant."

  • February 15, 2024

    NJ Court Affirms Tossing Of Corrections Worker's Bias Suit

    The New Jersey Department of Corrections provided reasonable accommodations for a secretarial assistant and continually engaged in a "responsive interactive process" regarding her disability, a state appellate court found Thursday in affirming the dismissal of her suit alleging a hostile work environment.

  • February 15, 2024

    Ga. Univ. System Immune To Retaliation Suit, 11th Circ. Says

    An Eleventh Circuit panel on Thursday ruled Georgia's university system is immune from a former employee's retaliation suit since it acted as an arm of the state even while administering federal funding for a children's Head Start program.

  • February 15, 2024

    6th Circ. Backs Coke Bottler's Win In Ex-Worker's ADA Suit

    The Sixth Circuit refused Thursday to reopen a disability discrimination suit by a worker with Tourette syndrome who alleged that a Coca-Cola bottling company illegally forced him to quit, saying he was lawfully transferred after customers complained about offensive language he involuntarily uttered.

  • February 15, 2024

    America First Legal Says Disney Favors Women, Minorities

    A group founded by former Trump adviser Stephen Miller accused the Walt Disney Co. of discriminating against white men in its hiring and promotion decisions and on Wednesday asked the U.S. Equal Employment Opportunity Commission to investigate.

  • February 15, 2024

    Pilots Union Requests Dismissal Of Retirement Age Row

    An Illinois federal judge should toss a senior pilots group's duty of fair representation claim over the Air Line Pilots Association's opposition to a congressional proposal to raise the profession's mandatory retirement age, the union argued Thursday, saying its political stance isn't linked to a collective bargaining role.

  • February 15, 2024

    Michigan Wants 1 Panel For 3 Appeals Of LGBTQ Rights Laws

    The Michigan Civil Rights Commission asked the Sixth Circuit to put three separate appeals brought by religious organizations objecting to the state's laws designating gender identity and sexual orientation as protected classes before the same merits panel, arguing that doing so would ensure judicial consistency.

  • February 15, 2024

    Psych Evals In Sex Harassment Cases Can Scar Plaintiffs

    A federal judge recently mandated lengthy psychiatric evaluations for a worker alleging her mental health suffered after facing sexual harassment, a decision experts said shows the toll workers can pay for pursuing bias lawsuits involving their emotional well-being.

  • February 15, 2024

    EEOC To Wipe Away Trump-Era Conciliation Regulations

    The U.S. Equal Employment Opportunity Commission announced Thursday it will remove Trump-era changes to its pre-conciliation process from the regulatory books over two years after lawmakers nullified the updates.

  • February 15, 2024

    Reed Smith Wants To Shield Internal Probe In Bias Suit

    Reed Smith LLP urged a New Jersey federal judge Thursday to seal an internal investigation report as the firm fights a long-running age and racial discrimination suit brought by a former paralegal, arguing her pro-se motion to unseal the report was "untimely and largely nonsensical."

  • February 15, 2024

    Ex-Beauty Store Worker Says Boss's Tirade Was Bias

    A former beauty supply store worker is suing her ex-employer in Florida federal court, alleging she was discriminated against and wrongfully terminated following a tirade by her supervisor over a memory loss disability, and says the business could owe $482,000 in back pay despite her working there for only a month.

  • February 15, 2024

    Bradley Arant Hires Liskow & Lewis Employment Pro In Houston

    A longtime Liskow & Lewis attorney has jumped to Bradley Arant Boult Cummings LLP's labor and employment practice in Houston in an effort to further the firm's strategic growth in Texas.

  • February 15, 2024

    EEOC, Facilities Co. End Disability Bias Suit Over Fitness Test

    A facilities management company agreed to pay $520,000 to resolve a U.S. Equal Employment Opportunity Commission suit in Arkansas federal court claiming the company fired employees who failed a physical fitness test that disproportionately screened out workers with disabilities.

  • February 14, 2024

    Bar Seeker Says Colo. Blocking Needed Accommodations

    A recent law school graduate on Wednesday urged a Colorado state judge to order the state's legal licensing authority to give him extra time on this month's bar exam, laying out in sometimes emotional testimony how his visual impairments and ADHD affect his ability to take the test and how state officials have failed to accommodate him.

  • February 14, 2024

    Apple Unit Must Face Revived Bias And Retaliation Claims

    An Apple software subsidiary must face a former employee's gender discrimination and retaliation claims, a California appellate panel ruled on Tuesday, saying there is substantial evidence of discrimination toward the employee that raises a triable issue related to why she left the company.

  • February 14, 2024

    Union Says Religion Not Behind Fired Flight Attendants' Posts

    Two Alaska Airlines flight attendants alleging they were terminated from their positions for their religious convictions after making online posts about gender identity should have to prove their discrimination claims at trial, their union said, arguing that the attendants' real motive for posting publicly was political.

  • February 14, 2024

    EEOC's Samuels Urges Caution Toward Religious Requests

    Evaluating requests for religious accommodations can be a complex process that employers should navigate "very carefully" given courts' historical track record of protecting religious expression, U.S. Equal Employment Opportunity Commission Vice Chair Jocelyn Samuels said at a virtual legal seminar Wednesday.

  • February 14, 2024

    Senior Care Co. Axed Receptionist Over Age, EEOC Says

    A Georgia senior living community that had allegedly pressured a receptionist in her 70s to retire for several years unlawfully fired her because she was briefly hospitalized for high blood pressure, the U.S. Equal Employment Opportunity Commission claimed in a Wednesday complaint.

  • February 14, 2024

    GOP Senator Wants Confirmation Hearing On Labor Secretary

    Sen. Bill Cassidy, R-La., called on the Senate Committee on Health, Education, Labor and Pensions to hold another hearing on the nomination of Julie Su to the position of secretary of labor, arguing that Su's record as acting secretary deserves public scrutiny.

  • February 14, 2024

    House Talks Show 'Reinvigorated' Push To Lift Damages Caps

    House lawmakers have been discussing raising decades-old restrictions on financial damages available under federal employment discrimination law, conversations that experts said may set the stage for revising these ceilings in the future. Here, lawyers discuss the arguments for and against the damages limits, and the implications of the legislators' current discussions.

Expert Analysis

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • High Court's Job Bias Questions May Predict Title VII Ruling

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    Employers may be able to predict — and prepare for — important changes to workplace discrimination laws by examining the questions the U.S. Supreme Court asked during oral arguments for Muldrow v. St. Louis, where several justices seemed to favor a low threshold for Title VII suits, says Wendy LaManque at Pryor Cashman.

  • 2 Cases Highlight NJ Cannabis Employment Law Uncertainties

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    More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Sex Harassment Arbitration Exemption: Devil Is In The Date

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    A Federal Arbitration Act amendment that exempts workplace sexual harassment claims from arbitration is muddled in ongoing confusion about its chronological reach — and as many such cases begin to run up against applicable statutes of limitations, the clock is ticking for claimants to bring their actions in court, says Abe Melamed at Signature Resolution.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Lessons Learned From 2023's Top FMLA Decisions

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    This year’s most significant Family and Medical Leave Act decisions offer lessons on the act's technical requirements, including the definition of serious health condition, compliance with notice requirements and whether it is permissible to give an employee substantial extra work upon their return from leave, says Linda Dwoskin at Dechert.

  • Artificial Intelligence Is In Need Of Regulation — But How?

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    Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • 10 Steps To Reduce Risks From AI Employment Tools

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    In light of the White House’s recent executive order on responsible use of artificial intelligence, companies using AI tools to make employment decisions should take steps to understand and mitigate the legal risks posed by these products and keep up with the rapidly evolving regulations that govern them, say attorneys at Cooley.

  • What Employers Can Learn From EEOC's 2023 ADA Priorities

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    Between a spike in Americans with Disabilities Act suits filed by the Equal Employment Opportunity Commission in 2023 and the agency’s newly released priorities, the EEOC has provided employers a preview of several ADA issues — like web accessibility, pregnancy discrimination and inflexible policies — it will likely focus enforcement on next year, says Stacy Bunck at Ogletree.