Discrimination

  • February 02, 2024

    1st Circ. Says Intent Not Needed To Break Maine Pay Bias Law

    The First Circuit affirmed that a psychologist is entitled to nearly $181,000 in damages from a hospital that violated Maine law by paying her half of what her male colleagues earned, ruling that the state's equal pay statute doesn't require workers to show intentional discrimination to prevail.

  • February 02, 2024

    Major Lindsey Says Ex-Worker Wants 'Media Splash' In Suit

    In a scathing brief, Major Lindsey & Africa LLC has accused a former employee's bankruptcy trustee of wanting a "media splash" by filing an "unnecessary motion" in violation of professional courtesy, amid the trustee's pursuit of negligence claims in New York state court that accuse the legal recruiter of "empowering" a colleague to sexually assault the employee.

  • February 02, 2024

    Biz Groups Can File Brief In Union's Joint Employer Rule Fight

    A coalition of business groups may intervene in litigation filed by the Service Employees International Union that seeks to broaden the scope of the National Labor Relations Board's new joint employer rule, the D.C. Circuit ruled.

  • February 02, 2024

    Baker Botts Adds Employment Team Head From Hunton

    Baker Botts LLP has added a partner from Hunton Andrews Kurth LLP to lead its labor and employment practice, bolstering its ranks in Houston with a versatile attorney whose experience includes handling high-stakes trade secrets and employee benefits litigation.

  • February 02, 2024

    NY Forecast: 2nd Circ. To Hear Barclays Whistleblower Case

    The Second Circuit will consider in the coming week whether to revive a former Barclays executive's suit claiming he was fired after reporting misconduct at the company, such as requiring him to work during leave meant to root out insider trading. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 02, 2024

    Calif. Forecast: Ulta's $1.5M Wage Deal Up For Approval

    In the coming week, attorneys should watch for potential final settlement approval in a wage and hour class action against beauty store company Ulta. Here's a look at that case and other labor and employment matters coming up in California.

  • February 01, 2024

    FedEx Gets 5th Circ. To Slash $366M Bias Verdict To $249K

    The Fifth Circuit on Thursday cut a $366 million verdict against FedEx in a former employee's suit alleging she was fired for reporting race discrimination down to just under $249,000, finding that some of the employee's claims were time-barred and that she was not entitled to punitive damages.

  • February 01, 2024

    Federal Courts See Uptick In Sexual Harassment Complaints

    Last year, there were six complaints of "unwanted, abusive or offensive sexual conduct" by federal judges, marking the most reported incidents since the judiciary began tracking harassment in the 2020 fiscal year.

  • February 01, 2024

    Ex-Server's Injunction Bid Not Valid, NJ Trump Golf Club Says

    A Trump Organization-owned golf club has called on a New Jersey state court to dismiss a former server's request for an injunction as she seeks to void a nondisclosure agreement she claims an attorney induced her to sign after the server accused a manager of sexually harassing her.

  • February 01, 2024

    Ellenoff Opens LA Office With Ex-Krieger Employment Team

    Ellenoff Grossman & Schole LLP said on Thursday that it has opened a new labor and employment-focused office in Los Angeles following the addition of an employment attorney team that joined the firm from Krieger & Krieger.

  • February 01, 2024

    Ex-Worldpay Exec Loses Bid To Revive Discrimination Suit

    An Ohio state appeals court refused to reverse a trial defeat for a fired Worldpay executive who alleged he endured retaliation for complaining about discrimination, among other things, rejecting his assertion that the company inappropriately wielded attorney-client privilege as both a "sword and a shield."

  • February 01, 2024

    BNSF Escapes Black Ex-Engineer's Race Discrimination Suit

    BNSF Railway Co. defeated a Black former engineer's lawsuit alleging he was fired for violating rules that non-Black workers were allowed to skirt, with a Texas federal judge finding that the worker filed a presuit charge with the U.S. Equal Employment Opportunity Commission more than a year too late.

  • February 01, 2024

    Wendy's Lacks Space To Pump Breast Milk, Ex-Worker Says

    Wendy's and several franchisees failed to provide breastfeeding employees nationwide with sanitary, reasonable, private places to pump breast milk in violation of federal labor law, according to a proposed collective action filed Thursday in Ohio federal court.

  • February 01, 2024

    3rd Circ. Says EEOC Religious Bias Suit Should Go To Jury

    The Third Circuit revived a U.S. Equal Employment Opportunity Commission suit Thursday claiming a call center employee was forced to quit his job or face termination for taking time off to practice Judaism, ruling that a jury needed to decide if the employee was truly forced to quit.

  • February 01, 2024

    EEOC's Yale Hospital Suit Shows Risks Of Age-Based Testing

    A pending U.S. Equal Employment Opportunity Commission challenge to Yale New Haven Hospital's policy requiring doctors over 70 to submit to medical testing to retain their staff privileges demonstrates the danger of administering age-based tests in the workplace, a practice discrimination lawyers on both sides of the bar say is fraught with legal risk.

  • February 01, 2024

    New Jersey AG Says Gun Law Doesn't Target Cop Pot Use

    New Jersey Attorney General Matthew J. Platkin urged a judge to toss Jersey City's suit seeking a declaration that state-level pot legalization is preempted by the Gun Control Act of 1968, pointing to a carveout in the federal law for legal cannabis users who are armed during the course of their work.

  • February 01, 2024

    Ole Miss Player Brings Tossed Discrimination Suit To 5th Circ.

    A University of Mississippi football player who accused the school and its head football coach of kicking him off the team for taking a mental health break will take his case to the Fifth Circuit, after a federal judge tossed the lawsuit out.

  • February 01, 2024

    Ex-Nursing Head Drops Retaliation Suit Against Colo. Hospice

    A former nursing director and the hospice care company she accused of firing her in retaliation for using Family and Medical Leave Act leave have ended their dispute, according to a stipulation of dismissal filed in Colorado federal court.

  • February 01, 2024

    Worker Says Helicopter Co. Fired Her For Remote Work Ask

    A helicopter manufacturer refused to allow an employee who suffers from anxiety to continue working from home after the company brought workers back to the office in October 2020, then fired her when she refused to resign, according to a lawsuit filed Thursday in Pennsylvania federal court.

  • February 01, 2024

    Workday Says Md.-Based Atty Can't Allege Calif. Bias Claims

    Workday has urged a California federal judge to toss a Black company attorney's suit claiming the business discriminated against him and harassed him with a police wellness check at his home, arguing that the Maryland-based employee can't keep his Golden State law claims in play.

  • February 01, 2024

    Detroit School District Escapes Jewish Teacher's Bias Suit

    The Detroit public schools defeated a Jewish teacher's suit claiming she was assigned to students with behavioral issues because of her religion and faced discipline for complaining online that a student attacked her, a Michigan federal judge said, ruling her post wasn't protected by federal law.

  • February 01, 2024

    Employment Group Of The Year: The deRubertis Law Firm

    The deRubertis Law Firm APC secured a $20 million jury verdict in September for a concierge worker who said Marquis Marriott didn't accommodate his physical needs after he suffered a spinal cord injury, earning the firm a spot among Law360's 2023 Employment Groups of the Year.

  • January 31, 2024

    Glock Hit With Sex Discrimination Suit Over Crude 'Cat Calls'

    A former Glock shooting competition worker claims she was abruptly fired by the handgun company after enduring crude sexist comments from a male coworker, according to a discrimination suit filed in Georgia federal court.

  • January 31, 2024

    Colo. Judge Won't Rule Out Back Pay In Truck Driver ADA Suit

    A Colorado federal judge said he would not prevent the Equal Employment Opportunity Commission from seeking back pay on a claim that a trucking company's return-to-work policy had a disparate impact on disabled employees, finding in an order Wednesday that the company's request "would be unjust and border on absurd."

  • January 31, 2024

    Contractors In GOP States To Face Brunt Of Pay Equity Plan

    A proposed rule to improve pay equity for employees of federal contractors will likely result in significant changes to contractors' hiring practices especially in southern and Midwestern states, while its broad scope could catch some smaller contractors and subcontractors unaware.

Expert Analysis

  • Employer Drug-Testing Policies Must Evolve With State Law

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    As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.

  • Insurance Implications Of High Court Affirmative Action Ruling

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    The U.S. Supreme Court's recent ruling striking down affirmative action admissions policies at Harvard University and the University of North Carolina will likely result in more litigation related to hiring practices, with implications for insurance coverage, meaning policyholders must remain wary of exclusions and other potential roadblocks, say attorneys at Pillsbury.

  • 4 Strategies To Counter Antisemitism In The Workplace

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    With antisemitism on the rise in the U.S., employers have a duty to help Jewish employees feel safe and supported in their professional lives by adapting the four points of the Biden administration's National Strategy to Counter Antisemitism for the workplace, say Johanna Zelman and Rachel Ullrich at FordHarrison.

  • Employer Steps To Protect DEI Plans Post-Affirmative Action

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    The U.S. Supreme Court’s decision to end affirmative action in higher education may embolden opponents of diversity, equity and inclusion efforts in the employment context, but employers can take steps to mitigate litigation risks while still advancing their internal policy goals, say Greg Demers and Renai Rodney at Ropes & Gray.

  • Unpacking The POWR Act, Colo.'s New Work Harassment Law

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    With the August rollout of Colorado’s Protecting Opportunities and Workers' Rights Act set to make it easier for employees to claim harassment, companies should confirm that their harassment prevention programs satisfy the law’s requirements and provide a clear method to investigate any future claims, say Mamie Ling and Michael Freimann at Armstrong Teasdale.

  • Complying With AI Guidance In Employment Decisions

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    Following the Equal Employment Opportunity Commission’s recently updated guidance on the use of artificial intelligence for employment-related decisions, employers need to adapt in kind to ensure they are using technology in a responsible, compliant and nondiscriminatory manner, say Luke Bickel and Yasamin Parsafar at Sheppard Mullin.

  • NY, Minn. Set Pace For Employee Breastfeeding Protections

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    Breastfeeding employees have gotten increased legal protections through recently effective amendments in New York and Minnesota, and the laws underline the need for employers to watch for state-level legislative efforts to extend these protections beyond federal requirements, say John Litchfield and Miranda Curtis at Foley & Lardner.

  • Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • What To Expect From High Court's Whistleblower Case

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    The U.S. Supreme Court's upcoming decision in Murray v. UBS Securities will likely have widespread implications for the future of anti-retaliation whistleblower litigation, and could make it more difficult for would-be whistleblower-employees to succeed on anti-retaliation claims under the Sarbanes-Oxley Act, say Ann-Elizabeth Ostrager and Diane McGimsey at Sullivan & Cromwell.

  • 'Equal Harassment' Is No Shield Against Title VII Claims

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    The Ninth Circuit’s decision in Sharp v. S&S Activewear, rejecting an employer's claim that it did not create a sexually hostile work environment because the misogynist music it played offended all workers equally, reminds companies that they can face Title VII liability even when misconduct does not target a specific group, says Laura Lawless at Squire Patton.

  • Recent Changes Mark A Key Moment For New York High Court

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    Recent developments in the New York Court of Appeals — from rapid turnover and increasing diversity, to a perception among some of growing politicization — mark an important turning point, and the court will continue to evolve in the coming year as it considers a number of important cases, say attorneys at Gibson Dunn.

  • How End Of Forced Arb. Is Affecting Sex Harassment Cases

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    A little over a year after the Ending Forced Arbitration of Sexual Assault Act became effective, we have started seeing substantive interpretation of the EFAA, almost exclusively from the U.S. district courts in New York, and there are two key takeaways for employers, says Lisa Haldar at Lawrence & Bundy.

  • Adjusting Anti-Harassment Policies For Remote Work

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    Limited employee oversight and a lack of privacy in virtual meetings are just two examples of drawbacks to remote work that increase the risk of workplace harassment — but employers can adapt their existing anti-harassment policies to better suit these circumstances, says Ellen Holloman at Cadwalader.