Discrimination

  • July 03, 2024

    Judge Trims Retailer's Defenses In Long COVID EEOC Suit

    A Colorado federal judge struck several of an appliance retailer's affirmative defenses Wednesday in a U.S. Equal Employment Opportunity Commission lawsuit alleging it wrongfully terminated a worker who asked for more time off to deal with long COVID symptoms.

  • July 03, 2024

    Doctor Who Won $12M Assault Case Can't Revive USC Claims

    A female doctor who won a $12 million verdict against a male colleague over a sexual assault at a Los Angeles County hospital affiliated with USC's Keck School of Medicine can't revive sexual harassment claims against the university and the county, a California appellate court held.

  • July 03, 2024

    Job Hopeful's Lack Of Injury Sinks Wash. Pay Disclosure Suit

    A Washington federal judge tossed a job hopeful's suit claiming healthcare companies shirked state pay transparency laws by failing to disclose salary information in job postings, finding that the applicant didn't show he was actually harmed by the missing compensation figures.

  • July 03, 2024

    Calif. Watchdog Notches $14.4M Deal In Microsoft Leave Fight

    Microsoft agreed to shell out $14.4 million to end a California Civil Rights Department's lawsuit claiming that it discriminated against employees who take protected employment leaves, the department announced Wednesday.

  • July 03, 2024

    White Male Anchor Says CBS' Diversity Goals Got Him Fired

    CBS Broadcasting Inc. needed to solve its "white problem" so it excluded an experienced white male anchor from promotional events and then fired him in order to replace him with a young Black reporter, a complaint filed in California federal court said.

  • July 03, 2024

    4 Argument Sessions Bias Attys Should Watch In July

    A diver will defend her win in a sex bias case before the Sixth Circuit, while the U.S. Postal Service and a Christian mailman who wanted Sundays off will cross swords in district court after the U.S. Supreme Court revived his case last summer. Here are four arguments that lawyers should have on their radar in July.

  • July 03, 2024

    Del. DOT Must Face Asian Worker's Promotion Bias Suit

    The Delaware Department of Transportation can't defeat a former engineer's lawsuit claiming he was repeatedly passed over for promotion because he's Asian, a federal judge ruled, finding the worker provided enough evidence to cast doubt on the agency's rationale that his interview performance was lackluster.

  • July 03, 2024

    Constangy Hires Greenspoon Marder Partner In LA

    Constangy Brooks Smith & Prophete LLP has hired a former deputy attorney general for the California Department of Justice, who is joining from Greenspoon Marder LLP where she led that firm's employment litigation group, the firm announced Wednesday.

  • July 03, 2024

    Mass. Court Partially Revives Trooper's Bias Suit

    An intermediate-level appellate panel in Massachusetts on Wednesday partially revived a suit brought by a state trooper who claimed she faced retaliation and was treated differently after breaking up with a colleague.

  • July 03, 2024

    Staffing Firm To Pay $500K To End EEOC Sex Harassment Suit

    A staffing firm will pay out $500,000 to resolve a U.S. Equal Employment Opportunity Commission suit accusing it of failing to intervene when the female workers it placed at a raisin company reported sexual harassment, according to a filing in California federal court.

  • July 03, 2024

    After Chevron Deference: What Lawyers Need To Know

    This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.

  • July 02, 2024

    Northwestern Hires 'Mediocre' Minorities Over Men, Suit Says

    Northwestern University's law school favors hiring women and minority faculty candidates with "mediocre and undistinguished records" over better-credentialed white men, a conservative group claims in a lawsuit filed Tuesday in Chicago federal court, a year after the U.S. Supreme Court struck down affirmative action in higher education admissions.

  • July 02, 2024

    FilmOn Founder Must Pay $900M In Sexual Battery Verdict

    Alki David, founder of FilmOn and heir to a Coca-Cola bottling fortune already facing more than $80 million in judgments related to sexual battery or sexual assault lawsuits, was ordered by a Los Angeles jury to pay a staggering $900 million to a former employee who accused him of raping her, according to documents posted in the case Tuesday.

  • July 02, 2024

    Charter Justified Firing Of Lactating Worker, 10th Circ. Says

    A Tenth Circuit panel on Tuesday sided with Charter Communications over an employee who alleged she was fired for seeking reasonable accommodations to pump breast milk at work, with the panel finding Charter supplied a legitimate reason for her termination.

  • July 02, 2024

    2nd Circ. Backs County Win In Ex-Director's ADA Bias Suit

    The Second Circuit refused on Tuesday to revive a lawsuit that a former fiscal affairs director brought against a New York county's policymaking branch, saying he failed to show that a planned back surgery — and not his poor performance — cost him his job.

  • July 02, 2024

    NY County Must Face Ex-Assistant DA's Leave Bias Suit

    A New York county can't dodge a former assistant district attorney's suit claiming she was unlawfully fired for requesting time off following her husband's cancer diagnosis, with a federal judge ruling more information is needed to determine whether she was misled about her eligibility for leave.

  • July 02, 2024

    8th Circ. Curbs An Employer Defense In Disability Bias Cases

    The Eighth Circuit recently made it easier for disabled workers to get bias cases to trial by reining in a legal shield employers can deploy against Americans with Disabilities Act claims, a step one disability law expert called "revolutionary."

  • July 02, 2024

    11th Circ. Revives School Worker's Religious Bias Suit

    The Eleventh Circuit reinstated a suit Tuesday from a worker who claimed a Florida school board illegally denied his request to avoid working on the Sabbath, ruling that he did enough to show the board's decision making may have been discriminatory.

  • July 02, 2024

    7th Circ. Backs Hospital's Win In Black Physician's Bias Suit

    The Seventh Circuit declined Tuesday to reinstate a Black physician's lawsuit alleging she was forced to quit because she was paid less than other doctors to do more work, saying she failed to show she was treated differently from white employees.

  • July 02, 2024

    Metal Co. Can't Narrow EEOC's Race Discrimination Suit

    A metal galvanization company can't cut several workers from a U.S. Equal Employment Opportunity Commission suit claiming it failed to address rampant racist language at its facility, a New York federal judge ruled, rejecting the employer's argument that the employees neglected the company's anti-discrimination policies.

  • July 02, 2024

    DC Circ. Revives Asian ATF Agent's Promotion Bias Suit

    The D.C. Circuit revived a special agent's suit Tuesday alleging he lost a promotion in the Bureau of Alcohol, Tobacco, Firearms and Explosives for complaining he was denied job opportunities for being Asian American, finding the lower court overlooked details that supported his claims.

  • July 02, 2024

    DLA Piper Tells Judge Fired Associate Got Proper Discovery

    Counsel for DLA Piper LLP told a Manhattan federal judge on Tuesday the firm has provided responsive information to a former associate who claims she was unlawfully fired while pregnant, adding it is confident her termination was lawful.

  • July 02, 2024

    Wendy's Franchisee Settles EEOC Suit Over Workforce Data

    A company that operates Wendy's restaurants reached a deal with the U.S. Equal Employment Opportunity Commission to end a suit claiming it shirked its legal responsibility to timely submit its workforce demographic data, a filing in Ohio federal court said.

  • July 01, 2024

    High Court's 1-2 Punch Sets Up Long-Standing Regs For KO

    By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.

  • July 01, 2024

    UC Riverside Profs Win Combined $6.1M In Retaliation Trial

    Two former University of California, Riverside professors were awarded a total of $6.1 million in damages by a jury that found they were retaliated against in violation of the California Whistleblower Protection Act after making official complaints about alleged misdeeds their supervisor was engaging in, including misuse of government funds. 

Expert Analysis

  • Vaccine Accommodation Suits Show Risk Of Blanket Policies

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    A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • Workplace Challenges Amid Israeli-Palestinian Conflict

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    Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • High Court's Job Bias Questions May Predict Title VII Ruling

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    Employers may be able to predict — and prepare for — important changes to workplace discrimination laws by examining the questions the U.S. Supreme Court asked during oral arguments for Muldrow v. St. Louis, where several justices seemed to favor a low threshold for Title VII suits, says Wendy LaManque at Pryor Cashman.

  • 2 Cases Highlight NJ Cannabis Employment Law Uncertainties

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    More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Sex Harassment Arbitration Exemption: Devil Is In The Date

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    A Federal Arbitration Act amendment that exempts workplace sexual harassment claims from arbitration is muddled in ongoing confusion about its chronological reach — and as many such cases begin to run up against applicable statutes of limitations, the clock is ticking for claimants to bring their actions in court, says Abe Melamed at Signature Resolution.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Lessons Learned From 2023's Top FMLA Decisions

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    This year’s most significant Family and Medical Leave Act decisions offer lessons on the act's technical requirements, including the definition of serious health condition, compliance with notice requirements and whether it is permissible to give an employee substantial extra work upon their return from leave, says Linda Dwoskin at Dechert.

  • Artificial Intelligence Is In Need Of Regulation — But How?

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    Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.