Discrimination

  • February 09, 2024

    GE Aerospace To Pay $443K To End DOL Sex Bias Probe

    GE Aerospace will pay $443,000 to resolve the U.S. Department of Labor's allegations that it discriminated against women by failing to hire qualified female applicants to fill manufacturing operations associate positions in its Rutland, Vermont, facility, the agency said Friday.

  • February 09, 2024

    NY Appeals Court OKs Court System's Vax Exemption Denial

    A New York appeals court tossed a lawsuit that challenged the state court system's denial of more than two dozen religious exemption applications related to a COVID-19 vaccination mandate, stating Thursday that the state agency's "blind review" of the application procedure was aboveboard and fair.

  • February 09, 2024

    NJ Courts Reject Liability In Ex-Judge's Harassment Suit

    The New Jersey Administrative Office of the Courts asked a state court to remove it as a defendant from a municipal court administrator's sexual harassment suit against a former municipal judge, saying the parties were not employees of the AOC.

  • February 09, 2024

    Workday Bias Case Should Stay In Calif., Md.-Based Atty Says

    A Black senior counsel at Workday urged a California federal court to keep alive his race and disability discrimination suit against the human resources services company and a deputy general counsel, saying his claims under California law are valid despite his living in Maryland.

  • February 09, 2024

    Calif. Forecast: Nurses' Overtime Issue At 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a consolidated collective action dealing with whether nurses for the City and County of San Francisco are exempt from overtime. Here's a look at that case and other labor and employment matters on deck in California.

  • February 09, 2024

    1st Circ. Says Lack Of Evidence Dooms Age Bias Suit

    The First Circuit upheld the dismissal of an applicant's suit claiming he was disqualified for a plant manager job at a container manufacturer because he was 60 years old, ruling that there's no proof the company knew his age when he didn't get the position.

  • February 09, 2024

    EEOC Scores $1.7M Verdict In ADA Case For Deaf Job Seeker

    A New York federal jury sided with the U.S. Equal Employment Opportunity Commission in a suit alleging a grocery distribution company refused to interview or hire a deaf job applicant, saying the distributor should pay the worker nearly $1.7 million for its wrongdoing.

  • February 08, 2024

    High Court Ruling Solidifies SOX Whistleblower Protections

    The U.S. Supreme Court's unanimous decision Thursday in favor of a UBS whistleblower has solidified whistleblower protections across a wide range of industries, with one attorney saying the ruling has made the Sarbanes-Oxley Act the most pro-employee labor law in the country.

  • February 08, 2024

    Walmart Settles With EEOC Over Fla. Worker Harassment

    Walmart has resolved a lawsuit brought by the Equal Employment Opportunity Commission, agreeing Thursday to train supervisors at a north Florida facility on how to prevent sexual harassment after an employee alleged the company mishandled her complaints about a co-worker and fired her in retaliation.

  • February 08, 2024

    Justices' Whistleblower Ruling May Reverberate Beyond SOX

    The U.S. Supreme Court held Thursday that whistleblowers don't need to show that employers displayed retaliatory intent to have a viable case under the Sarbanes-Oxley Act, a ruling experts say could help workers pursuing retaliation claims under discrimination laws like Title VII keep their claims in court. 

  • February 08, 2024

    TikTok Targeted Female Exec In 'Kill List,' Bias Suit Says

    TikTok put a former marketing executive on a company "kill list" because she was a woman nearing 50 and ultimately fired her from her role after she complained about the prejudice she faced, according to a lawsuit filed against the social media company in New York federal court Thursday.

  • February 08, 2024

    11th Circ. Says Ex-USF Law Prof. Can't Sue Without A Lawyer

    The Eleventh Circuit upheld on Thursday a lower court's order barring a former University of South Florida law professor from filing additional cases against her former employer without another attorney's signature, finding nothing wrong with the district court controlling its docket in the face of her repeated lawsuits.

  • February 08, 2024

    Teamsters Escape Suit Over United Airlines Raise Calculations

    The Teamsters were dismissed from a suit brought by United Airlines workers alleging that the union and airline shorted them on raises, with a California federal judge ruling that the Teamsters reasonably decided not to give workers access to wage data or pursue their grievances related to the dispute.

  • February 08, 2024

    8th Circ. Backs Pipe Co.'s Win In Black Driver's Bias Suit

    The Eighth Circuit upheld the dismissal Thursday of a Black truck driver's discrimination suit claiming the pipe manufacturer fired him because of age and race bias and used a safety violation as cover, ruling he failed to show the company's argument was a sham.

  • February 08, 2024

    Fired Oakland Police Chief Sues City, Mayor For Retaliation

    The former police chief of Oakland filed a lawsuit against the city and Mayor Sheng Thao in California state court, alleging his termination was illegal retaliation for him criticizing the federal monitor who oversees the police department.

  • February 08, 2024

    Ex-UPS Worker Urges 11th Circ. To Save Retaliation Suit

    A former United Parcel Service package handler and Teamsters union member in Florida has pressed the Eleventh Circuit to reinstate a retaliation lawsuit over his termination after sustaining a knee injury, saying he was fired while recovering but not properly notified until months later.

  • February 08, 2024

    2nd Circ. Backs Kay Jewelers' Victory In Age Bias Suit

    The Second Circuit refused Thursday to revive a former Kay Jewelers manager's suit claiming he was forced to quit because of his boss's incessant ageist insults, finding the retailer appropriately handled the situation after the employee complained to human resources.

  • February 08, 2024

    Appeals Court Revives Suit From Janitor Assaulted By Priest

    A California appeals court reinstated a lawsuit from a janitor for the Archdiocese of Los Angeles who said she was pushed out of her job after being sexually assaulted by a pastor, ruling that a jury should decide whether the pastor's crime created intolerable working conditions.

  • February 08, 2024

    Cuomo Accuser Wants Social Media Gag Order Bid Blocked

    A former Andrew Cuomo aide who accused the ex-governor of sexual harassment asked the New York federal magistrate judge overseeing another accuser's case to block a request from two Cuomo staffers to restrain her social media use, saying it would "take away the most basic" First Amendment rights.

  • February 08, 2024

    Indian IT Firm Inks Deal To End EEOC Disability Bias Suit

    The U.S. arm of Indian information technology firm Tech Mahindra will pay $255,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging it unlawfully refused to hire a job applicant because he's deaf, according to a filing in New York federal court.

  • February 08, 2024

    McDonald's Ends Suit Accusing Managers Of Racist Abuse

    McDonald's and a franchisee have resolved a race bias suit from Black former workers who said their managers called them "ghetto" and "smelly" and fired one of them for complaining about it, according to a filing in Illinois federal court.

  • February 07, 2024

    Coupang Says Ex-Atty's Suit Doesn't Work Outside US

    South Korean e-commerce giant Coupang said a former in-house compliance attorney's case against it for firing him after he reported it for allegedly doing business with the Iranian government should be thrown out because he was working outside the U.S. for a foreign company when he made his whistleblowing complaint.

  • February 07, 2024

    NJ Court Upholds Cop's $1.5M Verdict In Military Bias Suit

    A New Jersey appellate court rejected a bid by a Jersey shore town and its police department for a new trial on claims that it didn't promote one of its police officers because he was in the military, upholding a $1.5 million verdict and $600,000 in attorney fees in favor of the former officer.

  • February 07, 2024

    4 Tips To Manage Layoffs And Reduce Litigation Risk

    Layoffs are never easy, but the way they are done makes a huge difference. Employers should ensure they apply equal pay principles to severance packages and follow distinct jurisdictional obligations for final pay, among other tips, attorneys say.

  • February 07, 2024

    Staffing Co. Resolves DOJ Claims Of US Citizen Hiring Bias

    A Maryland staffing and recruiting company has settled claims it violated federal immigration law by refusing to refer, recruit or hire non-U.S. citizens for a client company, the U.S. Department of Justice announced Wednesday.

Expert Analysis

  • 5 Surprises In New Pregnancy Law's Proposed Regulations

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    Attorneys at Baker McKenzie examine five significant ways that recently proposed regulations for implementing the Pregnant Workers Fairness Act could catch U.S. employers off guard by changing how pregnant workers and those with related medical conditions must be accommodated.

  • How Employers Can Take A Measured Approach To DEI

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    While corporate diversity, equity and inclusion programs are facing intense scrutiny, companies need not abandon efforts altogether — rather, now is the time to develop an action plan that can help ensure policies are legally compliant while still advancing DEI goals, say Erin Connell and Alexandria Elliott at Orrick.

  • Courts Should Revisit Availability Of Age Bias Law Damages

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    Federal courts have held that compensatory damages, including for emotional distress, are unavailable in Age Discrimination in Employment Act cases, but it's time for a revamped textualist approach to ensure plaintiffs can receive the critical make-whole remedies Congress intended the law to provide, say attorneys at Sanford Heisler.

  • Employers Should Take Note Of EEOC Focus On Conciliation

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    The U.S. Equal Employment Opportunity Commission's recent strategic plan signals that the agency could take a more aggressive approach when verifying employer compliance with conciliation agreements related to discrimination charges, and serves as a reminder that certain employer best practices can help to avoid negative consequences, says Jacqueline Hayduk at Foley & Lardner.

  • 7th Circ. Ruling May Steer ADA Toward Commuter Issues

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    Employers faced with commuting-accommodation requests from employees who do not require on-site modifications under the Americans with Disabilities Act should consider the Seventh Circuit's recent reopening of a lawsuit alleging unlawful refusal of a night-vision-challenged worker's request to extend a shift change, says Robin Shea at Constangy.

  • How Calif. Ruling Extends Worker Bias Liability To 3rd Parties

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    The California Supreme Court's recent significant decision in Raines v. U.S. Healthworks Medical Group means businesses that provide employment-related services to California employers can potentially be held liable for California’s Fair Employment and Housing Act violations, says Ryan Larocca at CDF Labor.

  • Anticipating The Impact Of 2 Impending New Title IX Rules

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    Two major amendments to Title IX — which the U.S. Department of Education is expected to finalize next month — would substantially alter the process schools must use for sexual discrimination complaints and limiting student participation in athletics based on gender identity, says Rebecca Sha at Phelps Dunbar.

  • Despite Regulation Lag, AI Whistleblowers Have Protections

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    Potential whistleblowers at companies failing to comply with the voluntary artificial intelligence commitments must look to a patchwork of state and federal laws for protection and incentives, but deserve comprehensive regulation in this field, say Alexis Ronickher and Matthew LaGarde at Katz Banks.

  • FCRA Legislation To Watch For The Remainder Of 2023

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    If enacted, pending federal and state legislation may result in significant changes for the Fair Credit Reporting Act landscape and thus require regulated entities and practitioners to pivot their compliance strategies, say attorneys at Troutman Pepper.

  • A Closer Look At Another HBCU Race Bias Suit Against NCAA

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    The National Collegiate Athletic Association's Academic Performance Program has become a lightning rod for scrutiny, as seen in the recently filed class action McKinney v. NCAA — where statistics in the complaint raise questions about the program's potential discriminatory impact on student-athletes at historically Black colleges and universities, say attorneys at Troutman Pepper.

  • Employer Defenses After High Court Religious Bias Decision

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    Following the U.S. Supreme Court's recent ruling in Groff v. DeJoy — which raised the bar for proving that a worker’s religious accommodation presents an undue hardship — employers can enlist other defense strategies, including grounds that an employee's belief is nonsectarian, say Kevin Jackson and Jack FitzGerald at Foley & Lardner.

  • Where Employers Stand After 5th Circ. Overturns Title VII Test

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    The substantial impact of the recent holding in Hamilton v. Dallas County means employers in the Fifth Circuit can now be liable under Title VII for a whole range of conduct not previously covered — but the court did set limits, and employers can take tangible steps to help protect themselves, say Holly Williamson and Steven DiBeneditto at Hunton.

  • Gauging The Scope Of NYC's New AI Employment Law

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    Although employers have received some guidance on the requirements of New York City's new restriction on the use of automated employment decision tools, there are many open questions to grapple with as Local Law 144 attempts to regulate new and evolving technology, say attorneys at Gibson Dunn.