Discrimination

  • February 07, 2024

    11th Circ. Backs Ga. Ports' Win In Ex-Worker's ADA Suit

    The Eleventh Circuit on Wednesday declined to reinstate a U.S. Army veteran's lawsuit alleging the Georgia Ports Authority unlawfully fired him after he took time off to treat his post-traumatic stress disorder, finding he failed to rebut his former employer's argument that his doctor's return-to-work note was deficient.

  • February 07, 2024

    NJ Cop Union Agrees Gun Law Doesn't Disturb State Pot Law

    The New Jersey State Policemen's Benevolent Association said Wednesday that a federal gun control law and the state's cannabis legalization law don't clash with each other, supporting the state attorney general and police's bid to toss Jersey City's suit in federal court.

  • February 07, 2024

    Edward Jones Worker Says Race Quota Concern Led To Firing

    Edward Jones pushed out a Black marketing employee after he raised concerns that the company used illegal race quotas that favored white men in a quiz used to connect customers with financial advisers, according to a suit filed in New York federal court.

  • February 07, 2024

    Ex-NJ Judge Says Femininity Bias Keeps Workplace Suit Alive

    A former New Jersey state judge called on a federal court Tuesday to reject court officials' bid to dismiss the remaining claims in her workplace discrimination lawsuit, arguing that her superiors' attitude about her pricey handbags and jewelry amounts to gender bias.

  • February 07, 2024

    4th Circ. Won't Chip Away At Frito-Lay's Win In ADA Suit

    The Fourth Circuit refused Wednesday to reinstate a lawsuit brought by a former Frito-Lay manager who said she was fired for asking to work from home during the COVID-19 pandemic, finding she failed to rebut the company's argument that she was cut loose for violating company policy.

  • February 07, 2024

    Health Clinic Inks Deal To End EEOC Sex Harassment Suit

    A health clinic operator will pay $50,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging it fired a worker and her supervisor after they complained about an administrator's unwelcome kissing and sexual comments, according to a filing Wednesday in Texas federal court.

  • February 07, 2024

    Ex-Trump Adviser's Group Targets NFL's 'Rooney Rule'

    America First Legal urged the U.S. Equal Employment Opportunity Commission to launch a probe into the National Football League over a rule meant to get more minority candidates hired as coaches and executives, saying the measure violates federal law. 

  • February 07, 2024

    11th Circ. Says States Immune From ADA Retaliation Claims

    The Eleventh Circuit refused to revive two lawsuits accusing Georgia state agencies of firing employees for seeking adjusted work schedules and assignments because of their disabilities, saying it wasn't convinced Congress allowed states to be sued for retaliation under federal disability law.

  • February 07, 2024

    Utility Co., Ex-Worker End Disability Bias Fight

    A utility company and a former employee resolved her suit accusing it of refusing to give her water breaks to accommodate her autoimmune disease or a suitable alternative job, according to filings in New Jersey federal court.

  • February 07, 2024

    SkyWest Can't Shake EEOC Harassment Suit Over Rape Jokes

    The U.S. Equal Employment Opportunity Commission won clearance Wednesday to head to trial on its claims that SkyWest Airlines stood idly by while a former parts clerk faced constant, degrading sexual harassment, including invasive questions and banter about rape.

  • February 06, 2024

    SpaceX Accused Of Sex Harassment, Retaliation In Calif.

    California's Civil Rights Department has received complaints that SpaceX has fired engineers who raised concerns about sexual harassment, gender discrimination and a hostile work environment created by CEO Elon Musk's public comments, according to complaints viewed by Law360 on Tuesday.

  • February 06, 2024

    Musk's X Corp. Helps 'Star Wars' Actor Sue Disney Over Firing

    Actor Gina Carano, who played mercenary Cara Dune in the "Star Wars" spinoff series "The Mandalorian," claims Disney unlawfully fired her from the role in retaliation for posting her personal political beliefs on social media, according to a lawsuit filed in California federal court Tuesday with financial backing from Elon Musk's X Corp.

  • February 06, 2024

    NY Court System Can't Duck Ex-Judicial Aide's Sex Abuse Suit

    A New York federal judge on Monday refused to toss a court employee's suit accusing the court system of conspiring to protect a judge she claims raped her, adopting a magistrate judge's report finding her retaliation and discrimination claims stemming from being placed on unpaid leave could constitute adverse employment actions.

  • February 06, 2024

    Disney Settles Job Offer Dispute Linked To Fla. LGBTQ Law

    The Walt Disney Co. told a California federal judge Tuesday that it has settled a lawsuit by a former British Petroleum executive claiming Disney withdrew a job offer after it criticized Florida's so-called Don't Say Gay law.

  • February 06, 2024

    NY Corrections Dept. Must Face Forced Hijab Removal Suit

    The Second Circuit revived a religious bias suit Tuesday from a Muslim corrections officer who said she was forced to remove her hijab in front of a male supervisor, ruling she showed that the experience affected her employment enough to keep the claim alive.

  • February 06, 2024

    Amazon Says Class Cert. Not Appropriate In Military Bias Suit

    Claims that Amazon systematically demoted and fired workers who took military leave should not move forward on a class basis, the online retail giant said, telling a Washington federal court that evidence shows thousands of military workers took time off without a hitch.

  • February 06, 2024

    EEOC Says BBQ Spot Fired Worker For Flagging Harassment

    The U.S. Equal Employment Opportunity Commission alleged in Georgia federal court Tuesday that a barbecue restaurant told a female worker who complained about harassment that her clothing was to blame and then fired her.

  • February 06, 2024

    2nd Circ. Gives Physician's Disability Bias Suit New Life

    The Second Circuit revived a fertility doctor's lawsuit alleging a Vermont hospital terminated her because she took medical leave for a cerebrospinal fluid leak, finding Tuesday a lower court erroneously overlooked that supervisors referenced her disability when explaining why she was let go.

  • February 06, 2024

    DOD Can't Escape Trans Army Vet's Retaliation Claim

    A federal judge narrowed a suit Tuesday from a transgender combat veteran who said she was called "it" and treated with disdain by federal agency co-workers, but said the U.S. Department of Defense must face her allegation that she was punished for alleging mistreatment.

  • February 06, 2024

    Psych Evals Mandated For Worker Alleging Sex Harassment

    SkyWest Airlines won a federal court's approval to administer two lengthy medical examinations to a former employee who claims the rampant and threatening sexual harassment she faced at the company drove her to attempt suicide.

  • February 06, 2024

    9th Circ. Won't Revive Oracle Worker's Retaliation Suit

    A former cloud service project manager at Oracle in Canada cannot revive his lawsuit claiming the software company retaliated against him after he refused to participate in what he believed was fraud, the Ninth Circuit ruled Tuesday, saying federal whistleblower anti-retaliation laws don't apply outside the United States.

  • February 06, 2024

    5 Tips To Keep Political Conflict In Check As Elections Heat Up

    President Joe Biden and former President Donald Trump appear to be headed for an electoral rematch this year that promises to raise controversial issues like immigration, civil rights and reproductive rights. Here are five tips that can help employers keep partisan passions in the workplace from creating legal problems.

  • February 06, 2024

    McDonald's Franchisee Settles Sex Assault Lawsuit For $4.4M

    A bankrupt McDonald's franchisee will pay $4.35 million to end a lawsuit from the family of a 14-year-old worker raped by a manager who had previously been convicted of sexually assaulting a child, according to a petition to approve the deal in Pennsylvania state court.

  • February 06, 2024

    Ga. County Health Agency Pays $200K For FMLA Violations

    A Georgia county health agency paid $200,000 to a former employee who was fired for taking protected leave under the Family and Medical Leave Act, the U.S. Department of Labor announced Tuesday. 

  • February 06, 2024

    Black Atty Hits DC Judge With Race Bias, Retaliation Suit

    A Black attorney for the District of Columbia was yelled at and demeaned by the administrative law judge she worked for after she complained the judge was hostile to Black staffers, according to a suit filed in D.C. federal court.

Expert Analysis

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Inflexible Remote Work Policies Can Put Employers In A Bind

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    As made clear in the recent decision by a Pennsylvania federal court in Oross v. Kutztown University, employers need to engage in individualized assessments of all requests for exemptions or accommodations to return-to-work policies to avoid potentially violating the Americans with Disabilities Act or Rehabilitation Act, say attorneys at Troutman Pepper. 

  • Congress Should Ban Employee Body Size Discrimination

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    New York City's recent enactment of a law that bans employers from discriminating against applicants and employees because of their height or weight should signal to Congress that now is the time to establish federal legislation that would prohibit such harmful practices, says Joseph Jeziorkowski at Valiant Law.

  • Why Employers Should Heed High Court Web Designer Ruling

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    While not an employment law ruling, the U.S. Supreme Court's recent decision in the First Amendment case 303 Creative v. Elenis raises serious questions for employers that constitute public accommodations and have related anti-discrimination policies, says Tanner Camp at Foley & Lardner.

  • What To Expect From The EEOC's Proposed Pregnancy Law

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    U.S. Equal Employment Opportunity Commission regulations implementing the Pregnant Workers Fairness Act require accommodations for many conditions related to pregnancy and childbirth, and while the final rule won't be published until the public comment period expires in October, employers should act promptly, says Amy Gluck at FisherBroyles.

  • Employer Best Practices For Pay Transparency Compliance

    Excerpt from Practical Guidance
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    With conflicting pay transparency and disclosure laws appearing across the country, employers must carefully develop different strategies for discussing compensation with employees, applicants, and off-site workers, disclosing salaries in job ads, and staying abreast of new state and local compliance requirements, says Joy Rosenquist at Littler Mendelson.

  • Congress Must Level The Employer Arbitration Playing Field

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    Federal courts have largely eviscerated state bans on arbitration of employment claims through Federal Arbitration Act preemption holdings, and they are also limiting the impact of the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, so Congress needs to step in and amend both laws, says Alan Kabat at Bernabei & Kabat.

  • What 11th Circ. Revival Of Deaf Employee's Bias Suit Portends

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    The Eleventh Circuit's recent Beasley v. O'Reilly Auto Parts decision, which created a circuit split involving the issue of linking accommodations under the Americans with Disabilities Act to essential job functions, is a curiosity about the court's analysis at least and a potential game changer for employer duties at most, says John Doran at Sherman & Howard.

  • What To Watch As Justices Take Up Title VII Job Transfer Case

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    With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.

  • Parsing EEOC Guidance On Accommodating Low Vision

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    Employers need to examine recent Equal Employment Opportunity Commission guidance on provisions for employees who are blind or partially sighted, particularly on the consequences of terminating an employee with blindness or low vision without meeting obligations under the Americans with Disabilities Act, says Amy Epstein Gluck at FisherBroyles.

  • 5 Tips For Employers Handling Generative AI Privacy Risks

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    Employers should carefully consider the privacy implications of using generative artificial intelligence tools, and employ steps to mitigate the risks, such as de-identifying data, providing notice and identifying data flows, say Zoe Argento and Amy Kabaria at Littler.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.