Discrimination

  • February 06, 2024

    DOD Dodges White Commissary Worker's Race Bias Suit

    The U.S. Department of Defense defeated a white commissary worker's lawsuit claiming she was threatened with a suspension after a Black colleague falsely accused her of using a racial slur, with a Georgia federal judge ruling that she hadn't identified a comparable co-worker who was treated better.

  • February 06, 2024

    USPS Resolves Custodian's Sex Harassment Suit

    The U.S. Postal Service struck a deal to resolve a sexual harassment suit from a custodian who said it failed to step in when she complained she feared her supervisor, according to a filing in Michigan federal court.

  • February 06, 2024

    Judge Denies Recusal From Ex-Trump Aide's Retaliation Case

    A New York federal judge will not step away from a pregnancy retaliation suit brought by a former campaign aide for Donald Trump, saying her past role as an employer-defense attorney for Proskauer Rose LLP does not amount to bias that would sway her handling of the case.

  • February 05, 2024

    Law Prof Says Dean's Comments Led To Professional Damage

    A University of Denver law school professor is suing the school for defamation, emotional distress and breach of contract after a former dean's comments allegedly led to a series of reputation-damaging accusations of gender discrimination in the program he leads.

  • February 05, 2024

    3rd Circ. Reinstates Pittsburgh Teacher's Age Bias Suit

    The Third Circuit on Monday revived a teacher's suit claiming she was subjected to age bias when a younger colleague was given better teaching support than she was, prompting her to resign, ruling that a lower court needed to view her claims from a different legal lens.

  • February 05, 2024

    Employer Wariness Of Gen Z May Spur Age Bias Claims

    A recent poll of workplace decision-makers showed nearly a third avoid hiring Gen Z candidates, a stance that experts say is shortsighted, potentially unlawful and underscores rising complaints of age bias from young workers.

  • February 05, 2024

    Justices Asked To Consider Unsealing IBM Arbitration Award

    A former IBM employee asked the U.S. Supreme Court on Monday to review a Second Circuit decision barring her from publicizing the award she received after arbitrating age bias claims against the company, arguing the appeals court erroneously allowed confidentiality to trump the public's right to access court documents.

  • February 05, 2024

    Hospital Says Ohio Pot Law Doesn't Ax Employee Discipline

    An Ohio hospital sued its workers' union in federal court, arguing it shouldn't have to accept an arbitration decision that rescinded an employee's discipline for testing positive for marijuana, because a recent law codified by a cannabis decriminalization ballot initiative preserves employers' ability to punish workers for positive tests.

  • February 05, 2024

    Feds Pay $1.2M To End Suit Accusing Judge Of Lewdness

    The U.S. Department of Justice will pay $1.2 million to resolve a suit from a former staff assistant who said a California immigration judge routinely subjected her to explicit, lewd comments and once told her he would "make her straight" if they had sex.

  • February 05, 2024

    Ex-Honeywell Engineer's Fraud, Equal Pay, Leave Suit Axed

    A former Honeywell engineer could not prove she was engaging in protected activity by calling attention to fraud under a U.S. Navy contract, an Arizona federal judge has ruled, saying flagging compliance issues is not the same as investigating fraudulent activity.

  • February 05, 2024

    6th Circ. Backs Ohio County's Win In Clerk's Harassment Case

    The Sixth Circuit refused to reopen a municipal clerk's lawsuit alleging an Ohio county commissioner made disparaging comments about her Italian heritage and tried to deny her a promotion, ruling the county couldn't be held responsible for what the clerk alleged was the elected official's behavior.

  • February 05, 2024

    Ex-Exec Slams Wells Fargo's Bid To Escape ADA Suit

    A former Wells Fargo investment director has urged a North Carolina judge not to grant the bank's bid for summary judgment in his disability bias suit, saying there is a significant paper trail indicating he was fired for more nefarious reasons than merely a reduction in force.

  • February 05, 2024

    EEOC Asks For Permission To Fight ADA Verdict At 10th Circ.

    The U.S. Equal Employment Opportunity Commission asked a Colorado federal court for permission to pursue an immediate appeal of a jury verdict from the first phase of a disability bias suit against a trucking company, saying the Tenth Circuit could furnish "important guidance" for similar cases.

  • February 04, 2024

    Lizzo Can't Sidestep Dancers' Sex ​​​​​​​Harassment Claims

    A California judge has tossed some claims from a lawsuit filed against singer Lizzo by some of her former dancers, but allowed others to move forward, including allegations of sexual harassment and racial discrimination, saying the case raises "difficult issues" regarding free speech protected as part of the creative process.

  • February 02, 2024

    Norton Rose Sued For Firing Worker Over COVID Vax Mandate

    A former Norton Rose IT worker has accused the firm of discrimination for refusing to accommodate his religious belief against getting a COVID-19 vaccination, alleging in a complaint filed in Texas federal court that the firm fired him after he said he didn't feel peace from the Holy Spirit about receiving the vaccine.

  • February 02, 2024

    3 Arguments, Hearings Benefits Attys Should Watch In Feb.

    This month, the Fifth Circuit will hear a battle over the arbitration process for challenging surprise medical bills, the Federal Circuit will referee a NASA worker's bid to get his military leave suit back on track, and Clorox will try to sink a 401(k) forfeitures class action. Here are three court dates benefits attorneys might want to add to their calendars.

  • February 02, 2024

    3 Takeaways After EEOC Members Tackle DEI On Social Media

    After one U.S. Equal Employment Opportunity Commission member called a billionaire's take on workplace diversity, equity and inclusion programs "dead wrong" on social media, three other EEOC commissioners used the same platform to weigh in with their own views on DEI. Here are three things to know about the series of postings.

  • February 02, 2024

    Conn. Agency Worker Deleted Bias Evidence, Jury Told

    Connecticut's environment and energy regulator told a federal jury Friday that a Black inspector who accused the agency of failing to remedy years of racial workplace hostility gave contradictory statements and deleted a photo that purported to document a noose tied near his desk.

  • February 02, 2024

    Pushing To Make The Formerly Incarcerated A Protected Class

    After a pair of formerly incarcerated activists helped convince local leaders in Atlanta to extend anti-discrimination protections to people with criminal records by making them a legally protected class, they and others are now working to get more cities — and eventually maybe the federal government — to do the same.

  • February 02, 2024

    ACLU Atty On How To Protect Civil Liberties In The AI Era

    Because artificial intelligence and algorithmic systems often operate in the shadows, there's a new need for legislation, regulation and enforcement to ensure the technology doesn't undercut civil liberties by engaging in discrimination in housing, education or employment, according to Cody Venzke, senior policy counsel for the American Civil Liberties Union.

  • February 02, 2024

    Clerk Says Ga. School District Fired Her For Pumping At Work

    A Georgia school district engaged in pregnancy discrimination when it fired a clerk for refusing to meet with students and visitors while pumping breast milk, the clerk alleged in a suit filed in Georgia federal court.

  • February 02, 2024

    Dollar General Can't Avoid EEOC's Age Discrimination Suit

    Dollar General must face the U.S. Equal Employment Opportunity Commission's suit alleging several district managers in Oklahoma were insulted and pushed out in favor of younger hires because they're over 50, with a federal judge ruling Friday that a jury should decide whether a director's comments amounted to harassment.

  • February 02, 2024

    Supreme Court Lets West Point Consider Race For Now

    The U.S. Military Academy at West Point can continue considering the race and ethnicity of applicants in its admissions decisions, the U.S. Supreme Court ruled Friday, leaving in place a policy the military claims helps its forces prepare for war while Students For Fair Admissions Inc. challenges it in court.

  • February 02, 2024

    Infrastructure Co. Cuts Deal To Resolve DOL Equal Pay Probe

    An infrastructure consulting company has agreed to pay roughly $122,000 to shutter a U.S. Department of Labor investigation into allegations that the company paid women less than their male counterparts despite the workers having the same levels of experience and skill, the DOL said.

  • February 02, 2024

    Tarp-Maker Strikes Deal To End EEOC Age Bias Suit

    A Louisiana federal judge greenlighted a $105,000 settlement that ends a U.S. Equal Employment Opportunity Commission lawsuit accusing a tarp manufacturer of firing a 65-year-old worker and replacing her with someone more than two decades younger.

Expert Analysis

  • Mass. Age Bias Ruling Holds Employer Liability Lessons

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    The Massachusetts Supreme Judicial Court’s recent ruling in Adams v. Schneider Electric — upholding a laid-off employee’s age discrimination claim — is an important reminder that employers may face liability even if a decision maker unknowingly applies a discriminatory corporate strategy, say attorneys at Armstrong Teasdale.

  • Regulating AI: Litigation Questions And State Efforts To Watch

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    In view of the developing legal and regulatory framework for artificial intelligence systems in the U.S., including state legislation and early federal litigation, there are practical takeaways as we look toward the future, says Jennifer Maisel at Rothwell Figg.

  • Regulating AI: An Overview Of Federal Efforts

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    The U.S. has been carefully managing a national policy and regulatory ecosystem toward artificial intelligence, but as AI technology continues to expand into our everyday lives, so too has its risks and the need for regulation, says Jennifer Maisel at Rothwell Figg.

  • Justices' Job Transfer Review Should Hold To Title VII Text

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    The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • What EEOC's 2023 Stats Mean For Future Enforcement

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    The Equal Employment Opportunity Commission’s unusual burst of spring lawsuits and its new Democratic majority should cue employers and HR personnel to expect EEOC enforcement activity to ramp up to pre-pandemic rates, especially in regions where filings are on the rise and in those areas the agency appears to be targeting, such as workplace discrimination, say Andrew Scroggins and James Nasiri at Seyfarth Shaw.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Tick Tock: When Punctuality Raises Employee ADA Questions

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    A recent viral TikTok video — where a user claims they were disrespected by a potential employer when inquiring about accommodations for difficulty with being on time — shows that even in the most seemingly questionable situations, there may be legitimate issues that require Americans with Disabilities Act considerations, says Daniel Pasternak at Squire Patton.

  • Tips For Making And Maintaining Employee Resource Groups

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    Employers should consider creating employee resource groups to create a workplace that can flourish in the new remote work reality, and keep in mind three best practices to avoid potential legal pitfalls and challenges that come with them, say Tyler Paetkau and Catarina Colón at Husch Blackwell.

  • Employer Pointers From Tiger Woods' Legal Dispute With Ex

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    Ex-girlfriend Erica Herman's sexual harassment suit against Tiger Woods, which was recently sent to arbitration, highlights the need for employers to understand their rights and responsibilities around workplace relationships, nondisclosure agreements and arbitration provisions, say Stephanie Reynolds and Sean McKaveney at Fisher Phillips.

  • Equinox Bias Verdict Shows Swift Employer Response Is Key

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    A nearly $11.3 million jury verdict against Equinox in New York federal court shows just how high the stakes are for employers dealing with harassment and discrimination in the workplace, and how important consistent investigation and discipline are when responding to individual internal complaints, says Jennifer Huelskamp at Porter Wright.

  • A Midyear Review Of EEOC's Gender-Related Priorities

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    The U.S. Equal Employment Opportunity Commission’s 2023-2027 strategic enforcement plan focuses on various gender-related issues such as the enactment of pregnancy discrimination and pay transparency laws, and now, more than halfway through the fiscal year, the EEOC's enforcement of such laws is set to surpass previous years, say attorneys at Proskauer.