Discrimination

  • February 13, 2024

    Catholic Hospital's Religious Status Dooms Vaccine Bias Suit

    A Missouri federal judge granted a win to a Catholic hospital in a former nurse's lawsuit alleging she was fired because her religious beliefs barred her from getting the COVID-19 vaccine, saying it's clearly a religious employer that's immune from her claims.

  • February 13, 2024

    Foot Locker Can't Escape Fired Manager's Age Bias Suit

    Foot Locker can't avoid a former district manager's suit alleging he was fired because he was 59 years old, a Texas federal judge ruled, finding he provided enough evidence for a jury to conclude the retailer was dishonest when it said his performance was lacking.

  • February 13, 2024

    7th Circ. Backs Toss Of Chicago Mail Worker's Pay Bias Suit

    The Seventh Circuit upheld the city of Chicago's win in a female mailroom worker's suit claiming a male colleague was paid more for the same work, ruling that she didn't prove he lied about having extra job duties to justify the pay gap.

  • February 12, 2024

    Fired Wells Fargo Exec Nabs Partial Win In Retaliation Suit

    A California magistrate judge on Monday granted a partial win to a former Wells Fargo executive who sued the bank for allegedly firing him because he was a whistleblower, rejecting arguments that the bank is preempted by a provision of the National Banking Act.

  • February 12, 2024

    Tilray Slammed For 'Secret' Bid To Undo Exec's $4M Award

    A former Tilray executive accused the company of "cloak-and-dagger" legal maneuvering on Monday as she urged a federal judge to let stand her $4 million arbitration victory against the company, arguing that Tilray didn't even wait for her award to be finalized in Minnesota before running to a Washington court to void it.

  • February 12, 2024

    Ex-Levi & Korsinsky Partner Drops Sex Bias Suit Against Firm

    A former partner at Levi & Korsinsky LLP on Monday permanently dropped her New York federal court lawsuit alleging sex-based discrimination and retaliation.

  • February 12, 2024

    X Says Ex-Workers' New Sex Bias Complaint Is Still Deficient

    X Corp. urged a California federal court to throw out a proposed class action alleging that Elon Musk's takeover of the company formerly known as Twitter predominantly impacted women through an ensuing culture shift and mass layoffs, saying a new complaint does not fix flaws identified in a previous effort.

  • February 12, 2024

    Ex-Paralegal Asks Del. Justices To Undo Jobless Pay Ruling

    A former Morris James LLP paralegal on Monday urged Delaware's highest court to let him collect a year's worth of unemployment benefits, arguing a lower court erred in finding that a payment he received when leaving the firm was severance pay rather than compensation for a whistleblower claim.

  • February 12, 2024

    House Lawmakers Consider Lifting Bias Law Damages Caps

    Democrats and Republicans within the House Committee on Education and the Workforce have expressed interest in eliminating the decades-old restrictions on how much money plaintiffs can win in federal employment discrimination cases, a House Democratic aide told Law360 on Monday.

  • February 12, 2024

    8th Circ. Won't Revive Kansas City Educator's Race Bias Case

    The Eighth Circuit refused Monday to reopen a former school employee's lawsuit alleging he was fired by the Kansas City, Missouri, school district because he's Black, finding he failed to identify an appropriately comparable colleague who was treated differently.

  • February 12, 2024

    Ex-NJ County Health Director Claims Ouster Due To Age, Politics

    The former executive director of a Garden State county's health department has claimed that he was fired in retaliation for reporting a secret meeting he had with a newly elected county commissioner who asked about his age and how much longer he planned on working, according to a lawsuit filed in New Jersey state court.

  • February 12, 2024

    Financial Services Co. Underpaid Women Execs, Ex-VP Says

    Trustly Inc. vastly underpaid female executives compared to their male colleagues in keeping with a misogynistic "tech-bro culture," according to a former vice president who claimed in a complaint filed in New Jersey federal court that she was discharged for raising concerns about the pay disparity.

  • February 12, 2024

    Cordell & Cordell Seeks Early Win In Suit By Fired Paralegal

    A family law firm has asked a Kansas federal judge to grant it a win in a former paralegal employee's lawsuit claiming she was mistreated and fired after reporting sexual harassment, saying her termination was because of performance issues.

  • February 12, 2024

    5th Circ. Upholds Miss. Medical Center's Win In Bias Suit

    The Fifth Circuit backed the University of Mississippi Medical Center's win over a former information technology employee's suit alleging he was passed over for a promotion because he's Black and has depression, finding he failed to demonstrate he was obviously more qualified than the candidate chosen.

  • February 12, 2024

    Media Cos. Must Face Ex-Worker's Religious, Race Bias Suit

    A North Carolina federal judge refused to release two media companies from a Black Muslim former employee's lawsuit, saying he adequately claimed his firing was an act of retaliation but failed to allege enough specifics to indicate a hostile work environment.

  • February 12, 2024

    FEMA Atty Says Bias, Retaliation Plagued Workplace

    An Asian attorney for the Federal Emergency Management Agency was pushed out of her job after complaining that a male colleague harassed her, and she was given clerical work stereotypical of her gender and race, she told a California federal court.

  • February 09, 2024

    Texas City Challenges $8M Race Discrimination Verdict

    A Texas city that lost a multimillion-dollar discrimination case brought by its Black former city manager appealed the jury verdict to the Fifth Circuit just as the manager's attorneys moved for $1.2 million in fees in federal court.

  • February 09, 2024

    Amazon Cut Delivery Co. To Punish Complaints, Suit Says

    Amazon mischaracterized the employment of a package delivery servicer and severed the team's contract after its leader complained about alleged sexual harassment, violating Massachusetts employment law, the team leader told a state court Friday.

  • February 09, 2024

    3rd Circ. Won't Revive Fired Officer's Infertility Leave Bias Suit

    The Third Circuit on Friday backed the dismissal of a juvenile probation officer's suit claiming she was fired for requesting time off to recover from an infertility-related procedure, ruling that she hadn't put forward enough proof to disqualify the state's assertion she was fired for sloppy case filings.

  • February 09, 2024

    10th Circ. Reopens Medical Worker's Age Discrimination Suit

    The Tenth Circuit revived a medical professional's suit alleging an Oklahoma clinic terminated him after a medical emergency because he was over 60 years old, finding Friday a lower court erred in concluding that he hadn't shown his age was a determining factor.

  • February 09, 2024

    EEOC Top Atty Calls Bias Law Damages Caps 'Unacceptable'

    U.S. Equal Employment Opportunity Commission general counsel Karla Gilbride told Law360 on Friday that the decades-old limits on how much money plaintiffs can win in federal employment discrimination cases are "morally unacceptable."

  • February 09, 2024

    New York Teacher Pays $75K For Mock Slave Auction Harm

    A northern New York teacher will pay $75,000 for holding a mock slave auction of Black students in her classroom, settling a federal suit over a lesson a 10-year-old student's mother said emotionally damaged her son.

  • February 09, 2024

    NY Forecast: 2nd Circ. To Hear Eatery Challenge $5M Verdict

    This week the Second Circuit will consider a request from the operator of New York City restaurants to undo a $5 million judgment against it in a class action brought by tipped workers who claimed they were improperly paid under New York law. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 09, 2024

    X Says Ex-Worker's Feelings Can't Sustain Age, Sex Bias Suit

    X Corp., formerly known as Twitter, said it shouldn't have to face a proposed class action alleging it pushed out women and older workers after Elon Musk took over, telling a California federal court that an ex-employee's subjective perception of the billionaire's policies couldn't support the case.

  • February 09, 2024

    Furniture Co. Settles EEOC's Racial Slur Firing Suit For $105K

    A furniture retailer told a Louisiana federal court it has agreed to hand over $105,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging it fired a Black employee after he complained that a colleague used racial slurs on the job.

Expert Analysis

  • 'Miss Manners' Scenarios Holds Job Accommodation Lessons

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    Robin Shea at Constangy looks at the potentially negative legal consequences for employers who follow some advice recently given in the Washington Post's "Miss Manners" column, and offers solutions of her own.

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

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    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

  • Handling Religious Objections To Abortion-Related Job Duties

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    While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.

  • Transgender Worker Rights: A Guide For California Employers

    Excerpt from Practical Guidance
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    California employers should know their obligations under overlapping state and federal law to protect the rights of their transgender, nonbinary and gender-nonconforming workers, and implement best practices to avoid discriminating in how they hire and promote, offer medical benefits to, and prevent harassment of these employees, says Michael Guasco at Littler.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

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    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • In Focus At The EEOC: Eliminating Recruiting, Hiring Barriers

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    While the recruiting and hiring segment of the U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan spotlights the potential discriminatory effects of artificial intelligence, employers should note that it also touches on traditional bias issues such as unlawfully targeted job advertisements and application inaccessibility, say Rachel See and Annette Tyman at Seyfarth.

  • A Look Into The Developing Regulation Of Employer AI

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    Although employers' use of artificial intelligence is still limited, legislators and companies have been ramping up their efforts to regulate its use in the workplace, with employers actively contributing to the ongoing debate, say Gerald Hathaway and Marc-Joseph Gansah at Faegre Drinker.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • 2nd Circ. Ruling Clarifies Title VII Claim Standards

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    The Second Circuit's recent opinion in Banks v. General Motors, although it does not break new ground legally, comes at a crucial time when courts are reevaluating standards that apply to Title VII claims of discrimination and provides many useful lessons for practitioners, says Carolyn Wheeler at Katz Banks.

  • In Focus At The EEOC: Preventing Systemic Harassment

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    With the U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan identifying a renewed commitment to preventing and remedying systemic harassment, employers must ensure that workplace policies address the many complex elements of this pervasive issue — including virtual harassment and workers' intersecting identities, say Ally Coll and Shea Holman at the Purple Method.

  • Cos. Must Reassess Retaliation Risk As 2nd. Circ. Lowers Bar

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    After a recent Second Circuit decision broadened the federal standard for workplace retaliation, employers should reinforce their nondiscrimination and complaint-handling policies to help management anticipate and monitor worker grievances that could give rise to such claims, says Thomas Eron at Bond Schoeneck.

  • An Employer's Guide To EEOC Draft Harassment Guidance

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    Rudy Gomez and Steven Reardon at FordHarrison discuss the most notable aspects of the U.S. Equal Employment Opportunity Commission’s recently proposed workplace harassment guidance, examine how it fits into the context of recent enforcement trends, and advise on proactive compliance measures in light of the commission’s first update on the issue in 24 years.

  • To Responsibly Rock Out At Work, Draft A Music Policy

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    Employers may be tempted to turn down the tunes after a Ninth Circuit decision that blasting misogynist music could count as workplace harassment, but companies can safely provide a soundtrack to the workday if they first take practical steps to ensure their playlists don’t demean or disrespect workers or patrons, says Ally Coll at the Purple Method.