Discrimination

  • January 31, 2024

    Judge Won't Force Florida Trans Coverage Pending Appeal

    A Florida federal judge on Wednesday denied a motion to enforce a June ruling that invalidated a state ban on Medicaid payments for puberty blockers and cross-sex hormones for the treatment of gender dysphoria, noting a pending appeal before the Eleventh Circuit. 

  • January 31, 2024

    When Managing Partners Watch, Trial Attys Face 2 Juries

    When top managing partners show up in court to sit in on trials, it can provoke angst for rank-and-file trial lawyers, but a recent example in an employment trial against Robert De Niro gave three name partners the rare treat of seeing their team in action.

  • January 31, 2024

    6th Circ. Revives Fired Airgas Worker's Hemp Bias Suit

    The Sixth Circuit reinstated a former Airgas USA LLC worker's suit claiming he was fired for using legal hemp to quell pain following cancer surgery, ruling Wednesday that the business didn't do enough to double-check the accuracy of the worker's positive test results for marijuana.

  • January 31, 2024

    5th Circ. Backs Lockheed's Win In Black Ex-Worker's Bias Suit

    The Fifth Circuit declined Wednesday to reinstate a Black former employee's lawsuit accusing Lockheed Martin of demoting her after she complained to human resources about colleagues' race-based comments, saying her claims failed to rise to the level of severity that federal discrimination law requires.

  • January 31, 2024

    4 Argument Sessions Bias Attys Should Watch In February

    The Second Circuit has a busy month ahead in the employment sphere, taking on a whistleblower case against Barclays, a national origin bias claim against a major property service union and a race discrimination battle against the Fashion Institute of Technology. Here's a look at these oral argument sessions, plus one before the Ninth Circuit, that discrimination lawyers should be watching this month.

  • January 31, 2024

    Baylor Wants Nurse's Age, Disability Discrimination Suit Tossed

    Baylor University Medical Center has argued a former nurse failed to make any age-related allegations in her discrimination charge and can't establish that she's disabled, asking a Texas federal judge to grant its summary judgment motion.

  • January 31, 2024

    Bombardier Beats Black Ex-Technician's Race Bias Suit

    Airplane maker Bombardier defeated a Black former technician's lawsuit alleging he was given less lucrative assignments because of his race, with a Florida federal judge ruling he failed to show he was expected to do things that other employees were not.

  • January 31, 2024

    Fired Fla. City Worker Can't Get 11th Circ. To Revive FMLA Suit

    The Eleventh Circuit refused Wednesday to reinstate a lawsuit alleging that the City of St. Petersburg, Florida, fired a worker because he requested medical leave, saying he failed to rebut the city's argument that he was let go for failing to show up to work.

  • January 31, 2024

    Employment Group Of The Year: Outten & Golden

    With an eye on employers infringing on employees' rights, Outten & Golden LLP has scored high-dollar settlements for women who accused major companies such as Activision Blizzard and Goldman Sachs of promoting and paying them less, earning the firm a place among Law360's 2023 Employment Groups of the Year.

  • January 31, 2024

    6th Circ. Mulls How To Filter Ageist Insults From Other Barbs

    The Sixth Circuit seemed hesitant Wednesday to reopen a suit from a General Motors engineer who said he was harassed and transferred to a job with fewer overtime opportunities illegally because he's over 50, with panel judges grappling with how to separate explicit age-based insults from other offensive conduct.

  • January 31, 2024

    'Daily Show' Production Co. Ends Ex-Director's Age Bias Suit

    The production company behind "The Daily Show" agreed to end a lawsuit brought by a former director who alleged his contract was terminated illegally due to his age, according to a New York federal court filing.

  • January 30, 2024

    Wells Fargo Rips Investors' Claim Diversity Goal Was 'Kabuki'

    Wells Fargo urged a California federal judge on Tuesday to toss a proposed securities class action alleging the bank conducted sham interviews to meet diversity targets triggering a stock drop when the truth came to light, arguing there may have been preferred candidates, but that doesn't mean the interviews were "kabuki."

  • January 30, 2024

    Ex-Pfizer Compliance Officer Revamps Whistleblower Suit

    A former Pfizer compliance officer said he endured harassment and discrimination before being fired in retaliation for reporting the pharmaceutical giant to the U.S. Securities and Exchange Commission over concerns that it was potentially violating the Foreign Corrupt Practices Act, according to an amended complaint filed in California federal court.

  • January 30, 2024

    Ex-Trump Aide Says Judge's Proskauer Past Illustrates Bias

    A former senior adviser to Donald Trump's 2016 presidential campaign urged a New York federal magistrate judge Tuesday to recuse herself from the adviser's pregnancy discrimination suit, arguing the judge is biased against her, and it's "no surprise" given the judge's prior work as a Proskauer Rose LLP employment attorney.

  • January 30, 2024

    McDonald's CEO Can Be Deposed In Race Bias Suit

    McDonald's Corp. CEO Christopher Kempczinski can be deposed in a discrimination suit filed by a Black former security executive who claimed he was fired because of his race and for speaking out against his former boss during a company meeting, an Illinois federal magistrate judge ruled Tuesday.

  • January 30, 2024

    West Point Tells Justices Challenge To Admissions Is Too Late

    West Point military academy urged the U.S. Supreme Court on Tuesday to deny Students for Fair Admissions Inc.'s request for a court order prohibiting the academy from using race in admissions decisions while a lawsuit is pending, alleging the group's "manufactured" need for relief is too late.

  • January 30, 2024

    Trans Care Ban Poses 'Philosophical' Questions, Justices Say

    A Texas Supreme Court justice on Tuesday wondered if seven parents of transgender children were asking the court to resolve "a moral and philosophical question" behind gender identity as it weighed whether to uphold a state court judge's decision to block a law prohibiting minors from receiving gender-affirming care.

  • January 30, 2024

    Southwest Says It Fired Flight Attendant For Actions, Not Beliefs

    Southwest Airlines Co. says it fired a flight attendant for her conduct rather than her beliefs after she sent a co-worker anti-abortion text messages, telling the Fifth Circuit on Monday she won the case because of incorrect jury instructions.

  • January 30, 2024

    Staffing Co. Settles EEOC Suit Over Muslim Worker's Beard

    A hotel and condominium staffing company will pay $70,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging a Muslim worker was forced to shave his beard in violation of his religious beliefs to keep his job, according to a filing Tuesday in Illinois federal court.

  • January 30, 2024

    EEOC's Kotagal Touts New Effort To Bolster Worker Outreach

    The U.S. Equal Employment Opportunity Commission has launched a new initiative led by Commissioner Kalpana Kotagal aimed at making the agency more accessible to workers from marginalized communities, especially in remote parts of the country where the agency's physical presence is limited. 

  • January 30, 2024

    NJ Healthcare Facility Agrees To End Feds' Disability Bias Suit

    A New Jersey long-term care center will pay $50,000 to end a federal government lawsuit alleging it fired a dietary worker because of an injury that restricted her ability to lift more than 20 pounds, according to a Tuesday filing in New Jersey federal court.

  • January 30, 2024

    Employment Group Of The Year: Lieff Cabraser

    Lieff Cabraser Heimann & Bernstein LLP helped nail down a historic $215 million settlement for hundreds of women in a long-running gender bias class action lodged against Goldman Sachs, earning it a spot among Law360's 2023 Employment Groups of the Year.

  • January 30, 2024

    3rd Circ. Asks How Soon Pregnancy Must Be Accommodated

    A Third Circuit panel grappled Tuesday with how quickly employers have to accommodate pregnant workers under a 1978 law during arguments on a bid from a parole officer to revive her suit over initial denials of requests for light duty and remote work during a high-risk pregnancy.

  • January 30, 2024

    Professor's Race Bias Suit Comes Up Short At 6th Circ.

    The Sixth Circuit declined Tuesday to revive a Black criminal justice professor's suit alleging she was unlawfully reassigned to a new department by her Tennessee university, ruling the reassignment and other mistreatment she alleged wasn't bad enough to sustain her suit.

  • January 30, 2024

    6th Circ. Won't Revive Speech Therapist's Disability Bias Suit

    The Sixth Circuit backed an Ohio hospital's win over a former speech pathologist's suit claiming she was fired because she had a joint disorder and cancer, finding Tuesday she couldn't overcome the healthcare system's explanation that she lost her job for disregarding patient privacy.

Expert Analysis

  • Worker Accommodations After Justices' Religious Bias Ruling

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    While the U.S. Supreme Court's recent Groff v. DeJoy decision makes it easier for employees to obtain religious accommodations under Title VII, it also guarantees more litigation over what counts as a substantial hardship for businesses, as lower courts will have to interpret the exact contours of the new standard, says Caroline Corbin at the University of Miami School of Law.

  • The Differing Court Approaches To Pay Equity Questions

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    Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Calif. Whistleblower Decision Signals Change For Employers

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    Because the California Supreme Court's recent The People v. Kolla's decision significantly expands employee whistleblower protections, employers should ensure that internal reporting procedures clearly communicate the appropriate methods of reporting and elevating suspected violations of law, say Alison Tsao and Sophia Jimenez at CDF Labor Law.

  • What Affirmative Action Ruling Means For Higher Ed And Cos.

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    The U.S. Supreme Court's holding that race-conscious admissions programs at two educational institutions violate the Constitution's equal protection clause applied the "strict scrutiny" standard that governs race-conscious programs in a way that will be very difficult for educational institutions and other entities to satisfy, say attorneys at Jenner & Block.

  • Pay Transparency And ESG Synergy Can Inform Initiatives

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    The proliferation of pay transparency laws and ESG initiatives has created unique opportunities for companies to comply with the challenging laws while furthering their social aims, says Kelly Cardin at Ogletree.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • Formula In New York City AI Bias Law Is Not Ready For Use

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    New York City will soon begin enforcing its law regulating the use of artificial intelligence in employment decisions, but the statute's bias audit rules introduced a problematic scoring rate formula that should be rectified before it's mandated for use in the real world, says Jey Kumarasamy at BNH.AI.

  • Employer Tips For Complying With NYC Weight Bias Ban

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    To comply with New York City’s new law that prohibits weight or height discrimination in employment and housing decisions, employers will not only need to update workplace handbooks, anti-bias policies and training materials, but also job postings, applications and descriptions, say Jonathan Wexler and Taylor McCann at Vedder Price.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • How New Pregnancy, Nursing Laws Surpass Prior Protections

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    Employers must understand how the new Pregnant Workers Fairness and PUMP Acts build on existing federal workplace laws — and they will need to make key updates to ensure compliance, say Alexandra Garrison Barnett and Leigh Shapiro at Alston & Bird, and Kandis Wood Jackson at McKinsey & Co.

  • 4th Circ. Ruling Outlines Defense Against Retaliation Claims

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    The Fourth Circuit's surprising decision in Johnson v. Global Language Center eschewed the low standard typically applied to demonstrating protected activities under Title VII and could affect internal complaint processes and the retaliation defenses available to employers, say Tory Summey and Zack Anstett at Parker Poe.

  • An Overview Of OFCCP's Religious-Exemption Reset

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    The recent rescission of a Trump-era rule that gave government contractors broader latitude under federal anti-discrimination rules doesn't prohibit employment decisions based on religious faith, but clarifies the factors a company must consider when seeking a religious exemption, say Zev Grumet-Morris and Christopher Durham at Duane Morris.