Discrimination

  • February 14, 2024

    NY Nonprofit Dodges Worker's Pregnancy, Race Bias Suit

    A New York City economic development nonprofit dodged an Asian employee's lawsuit claiming she was given poor performance reviews and diminished compensation because of her race and pregnancy, after a federal judge found the worker failed to overcome the company's explanation that her communication skills were lacking.

  • February 14, 2024

    Va. Farms Settle H-2A Workers' Allegations Of OT Violations

    A wage dispute lodged by two Mexican farmworkers who accused a Virginia agricultural association and two farms of cheating them and other temporary agricultural workers out of over $2.5 million in overtime pay is now settled, the parties said Wednesday.

  • February 14, 2024

    Black Dental Worker's Race Bias Suit Falls Short At 11th Circ.

    The Eleventh Circuit refused Wednesday to reinstate a lawsuit from a Black dental hygienist who said her race and complaints about discrimination cost her her job, saying she hadn't cast doubt on a dental practice's argument that it fired her because of concerns about her behavior.

  • February 14, 2024

    MLS Says Coach Aimed At Wrong Org In Race Bias Suit

    Major League Soccer has told a New York federal court it should toss a race bias suit brought by a coach, arguing the organization is the wrong defendant and the coach should be suing the individual teams who denied him head coaching positions instead.

  • February 14, 2024

    2nd Circ. Nixes LGBTQ Groups' Suit Against HHS Grant Policy

    The Second Circuit on Wednesday affirmed a trial court's dismissal of a suit by a group of LGBTQ advocacy organizations against the U.S. Department of Health and Human Services challenging a Trump-era notice that the agency wouldn't enforce a rule barring HHS grant recipients from discriminating.

  • February 14, 2024

    Bronx DA's Office Says Ex-Worker's FMLA Claim Is Invalid

    The Bronx District Attorney's office asked a New York federal judge to dismiss a former employee's suit accusing it of discrimination under the Family and Medical Leave Act and a racially driven promotion denial, arguing that she was unable to properly establish her claims.

  • February 14, 2024

    Fired Ga. Teacher Sues District Over 'Censorship Policies'

    A teacher who was ousted from her job at a school near the Atlanta area last year for reading a picture book about gender stereotypes to her class has sued the school district, accusing it of sex discrimination, retaliation and enforcing policies punishing educators for supporting LGBTQ+ students.

  • February 14, 2024

    Rice Co. Lacks Space For Breast Pumping, Ex-Worker Says

    A former employee of a rice company said the business forced her to go home in order to pump breast milk after she gave birth, violating federal requirements that nursing mothers have a private, safe space to pump, the worker alleged in a proposed collective action in Arkansas federal court.

  • February 14, 2024

    Dollar General Must Face Black Worker's Retaliation Claim

    Dollar General must face a Black former worker's allegation that she was fired for complaining about discrimination, a Mississippi federal judge ruled, but he found that the discount retailer's having denied her admission to a training program wasn't significant enough to sustain her race, age and sex bias claims.

  • February 13, 2024

    Oracle Inks $25M Deal To End Women's Pay Equity Action

    A group of about 4,000 women asked a California judge Tuesday to greenlight a $25 million settlement it reached with Oracle America to resolve long-running claims they were paid less than their male colleagues.

  • February 13, 2024

    Wash. Justice Worries Religious Rights Muscle Out Others

    A Washington Supreme Court justice raised concerns Tuesday over what she termed an "elevated" protected status for religious workers because doing so can "kick some civil rights laws to the side."

  • February 13, 2024

    Boeing Hit With Bias Suit By Ex-Defense Division Attorney

    Boeing was hit with an employment discrimination suit in Washington state court from a former top attorney in one of the company's finance departments who alleged that she was fired because of her race after anti-Asian sentiment saw a rise during the COVID-19 pandemic.

  • February 13, 2024

    Ex-Def Jam Exec Sues Russell Simmons Alleging 1990s Rape

    A former executive at Def Jam Recordings accused the label's co-founder, Russell Simmons, in a New York federal lawsuit filed Tuesday of raping her at his Manhattan apartment in the 1990s. 

  • February 13, 2024

    6th Circ. Says Housing Authority Head's Firing Was Justified

    The Sixth Circuit has sided with the Covington, Kentucky, housing authority against a suit filed by an executive director who was let go after repeatedly clashing with the authority's board of commissioners.

  • February 13, 2024

    Biden Admin Drops Appeal Over Trump 'Conscience Rule'

    The Biden administration will not pursue a Ninth Circuit appeal of two lower court decisions that struck down Trump-era regulations addressing the conscientious objection rights of healthcare providers, citing new rules that moot the case.

  • February 13, 2024

    Colo.'s Bid To Keep Sick Leave Law Can't Fly, Airline Org Says

    The State of Colorado can't land arguments that its sick leave law should stay in place because it relied on "obsolete" precedent while overlooking other rulings axing similar laws, an airline trade group told a Colorado federal court.

  • February 13, 2024

    NY Hospital Can't Avoid Ex-Employee's Maternity Leave Suit

    A New York hospital must face a former employee's suit alleging she was fired because she needed maternity leave, a federal judge ruled, finding the worker sustained her case through allegations that she was terminated shortly after her pregnancy announcement and that she experienced animosity from colleagues during a previous pregnancy.

  • February 13, 2024

    This Valentine's Day, Break Up With Marital Status Bias

    As Valentine's Day puts a spotlight on romance, experts say employers should be on the lookout for marital status discrimination, an often overlooked type of mistreatment that can translate to unfair treatment and intersectional bias claims.

  • February 13, 2024

    Wells Fargo, Ex-Exec Continue Bids To Win Bias Suit

    A Wells Fargo unit and one of its former investment directors are pushing their competing bids for summary judgment in a disability bias suit, each claiming there is evidence to support their arguments regarding why the director's termination occurred.

  • February 13, 2024

    Conn. Agency Loses Sanctions Bid In Worker's Noose Suit

    A Black employee of Connecticut's energy and environmental regulator who claims he found a noose in his workplace in 2018 will not face new sanctions for deleting the alleged photo evidence, a federal judge ruled Tuesday in declining to end the hostile workplace lawsuit midtrial.

  • February 13, 2024

    Pay Equity Rule For Contractor Firms Could Nudge Others

    A proposal from President Joe Biden's administration to require federal contractors to disclose pay ranges in job ads is likely to increase the pressure on private sector employers to do so even when it isn't mandated, experts told Law360.

  • February 13, 2024

    Cuomo Says Law Firms Won't Comply With Subpoenas

    Former New York Gov. Andrew Cuomo wants to force law firms Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC to turn over information about the women whose sexual misconduct accusations forced him to resign, even as those women accuse Cuomo of "blatantly" weaponizing his taxpayer-funded attorneys to mount a "revenge" campaign through the courts.

  • February 13, 2024

    3rd Circ. Says Fired Anthem Worker's Suit Lacks Proof Of Bias

    The Third Circuit declined to revive a former Anthem Companies Inc. worker's suit claiming she was targeted for termination because of her Guyanese heritage, ruling that she hadn't overcome the company's argument that her job performance was what cost her the job.

  • February 13, 2024

    2nd Circ. Probes Bias Claims Against Service Workers Union

    A Second Circuit panel on Tuesday scrutinized the parameters of a Service Employees International Union member's claim that her local unit didn't pursue her workload grievance because she's Hispanic, although the judges didn't send any clear signals as to their thinking.

  • February 13, 2024

    Officer Says He Was Denied Work Due To Race, Med. Pot Use

    A Connecticut police officer who was injured in training says he was wrongfully denied disability retirement and was unable to secure administrative work after injuring his neck, experiencing discrimination based on his race and ethnicity as well as his physical disability.

Expert Analysis

  • Eye On Compliance: EEOC Focus On Workplace AI

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    With the U.S. Equal Employment Opportunity Commission’s recent guidance and enforcement focus on the use of artificial intelligence tools during the hiring process and other job-related assessments, companies should be mindful that anti-discrimination laws apply equally to both human- and AI-generated decisions, say Laura Stutz and Lisa Ackerman at Wilson Elser.

  • 5th Circ. Ruling Sets Bostock, Faith Exemption Up For Review

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    The Fifth Circuit's Braidwood v. Equal Employment Opportunity Commission decision could tee up U.S. Supreme Court review of whether employing an individual to whose protected class the employer objects infringes on the employer's religious beliefs, potentially narrowing LGBTQ worker protections from the high court's 2020 Bostock v. Clayton County decision, says Adam Grogan at Bell Law.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Why Employers Should Refrain From 'Quiet Firing'

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    While quiet firing — when an employer deliberately makes working conditions intolerable with the goal of forcing an employee to quit — has recently been identified in the news as a new trend, such constructive discharge tactics have been around for ages, and employers would do well to remember that, comparatively, direct firings may provide more legal protection, says Robin Shea at Constangy.

  • 5 New Calif. Laws Employers Need To Know

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    Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • How AI 'Cultural Fit' Assessments Can Be Analyzed For Bias

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    Attorneys at Sanford Heisler explore how the use of artificial intelligence to assess workplace cultural fit may provide employees with increased opportunities to challenge biased hiring practices, and employers with more potential to mitigate against bias in algorithmic evaluations.

  • High Court's Old, Bad Stats Analysis Can Miss Discrimination

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    Courts and practitioners should reconsider a common statistical test for evidence of employment discrimination, created by the U.S. Supreme Court for its 1977 Castaneda and Hazelwood cases, because its “two or three standard deviations” criteria stems from a misunderstanding of statistical methods that can dramatically minimize the actual prevalence of discrimination, says Daniel Levy at Advanced Analytical Consulting Group.

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • In Focus At The EEOC: Emerging And Developing Issues

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    The U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan highlights how the agency will prioritize its limited resources over the next four years, and the most notable emerging issues include ensuring protections for pregnant workers and those dealing with long-term COVID-19 effects, says Jim Paretti at Littler.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • AI Isn't The Wild West, So Prepare Now For Bias Risks

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    In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.

  • AI's Baked-In Bias: What To Watch Out For

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    The federal AI executive order is a direct acknowledgment of the perils of inherent bias in artificial intelligence systems, and highlights the need for legal professionals to thoroughly vet AI systems, including data and sources, algorithms and AI training methods, and more, say Jonathan Hummel and Jonathan Talcott at Ballard Spahr.