Discrimination

  • June 03, 2024

    2nd Circ. Revives Ex-Bloomberg Reporter's Bias Case

    The Second Circuit on Monday reopened a former Bloomberg reporter's lawsuit alleging she was denied a job in Manhattan because she's of South Asian descent, after New York state's highest court clarified that state law can protect out-of-state job applicants.

  • June 03, 2024

    EEOC Brings On Chief AI Officer From NLRB

    The U.S. Equal Employment Opportunity Commission said Monday that the former head of data strategy at the National Labor Relations Board has been named the EEOC's new deputy chief information officer and chief artificial intelligence officer.

  • June 03, 2024

    6th Circ. Says $10.5M Ascension Hospitals Vax Deal Too Broad

    The Sixth Circuit scrapped a settlement Monday in a class action claiming that Ascension Health Alliance illegally fired or suspended religious workers who rejected the COVID-19 vaccine, ruling the Michigan-based employees backing the suit lack standing to expand the deal nationwide.

  • June 03, 2024

    3rd Circ. Backs Bad Subpoena Sanction In Race, Sex Bias Suit

    The Third Circuit has upheld a $6,720 fee sanction against a New Jersey attorney for serving an intentionally misleading subpoena while representing a Garden State management company against federal race and sex bias claims.

  • June 03, 2024

    Grocer Strikes Deal To Exit EEOC Sex Harassment Suit

    A grocery store chain agreed to pay $75,000 to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of firing an employee after she complained that a male supervisor had sexually harassed her, a Monday filing in Pennsylvania federal court said.

  • June 03, 2024

    Ex-Conn. Dispensary Supervisor Drops Transgender Bias Suit

    A former supervisor at a Branford, Connecticut, cannabis dispensary has withdrawn her claims that her colleagues targeted her for being transgender and tried to get her in trouble at work by falsely claiming she was high on the job, targeting that allegedly led to her termination.

  • June 03, 2024

    Supreme Court Ruling Keeps Amazon Race Bias Suit Alive

    Amazon Music can't sink a Black former worker's suit alleging her responsibilities were reduced and she was placed on a performance improvement plan for complaining about her manager, a New York federal judge said, ruling her claims are viable based on a recent U.S. Supreme Court decision.

  • June 01, 2024

    Blockbuster Summer: 10 Big Issues Justices Still Must Decide

    As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.

  • May 31, 2024

    Colo. AI Bias Law Lays 'Foundation' For New State Patchwork

    Colorado's trailblazing legislation for regulating high-risk uses of artificial intelligence is likely to inspire other states to act, although a host of "reservations" about the measure from advocates and even Colorado's governor are likely to result in a fragmented national landscape as other states' legislatures use the measure as a launching point rather than a model they'd want to fully replicate. 

  • May 31, 2024

    PepsiCo Illegally Fired Blind Call Center Worker, EEOC Says

    PepsiCo fired a blind employee after refusing to find a screen-reading tool that worked with its software system to allow him to do his job as a call center worker, the U.S. Equal Employment Opportunity Commission claimed in a suit Friday in North Carolina federal court.

  • May 31, 2024

    Maritime Employees Stiffed On Sick Leave, Wash. Court Told

    A nonprofit representing shipping industry employers and a Washington state marine terminal operator have not been providing longshoremen with paid sick leave in violation of state wage law and a Seattle city ordinance, a longshoreman told a state court.

  • May 31, 2024

    Mass. Town Settles Ex-Superintendent's Gay Bias Suit

    A Massachusetts town settled a former school superintendent's suit claiming he was investigated and fired for exchanging personal texts with a former student because he was gay, shortly after a trial had started.

  • May 31, 2024

    4 Argument Sessions In June Bias Lawyers Should Know

    A group of Republican state attorneys general will urge a federal judge Monday to Equal Employment Opportunity Commission to block regulations implementing the Pregnant Workers Fairness Act, and the Fifth Circuit will hear Southwest Airlines’ push to overturn an anti-abortion former flight attendant's win in her religious bias suit. ​​​​​Here are four June argument sessions discrimination lawyers should have on their radar. 

  • May 31, 2024

    Race Bias Suit Against Ga. Housing Authority Trimmed

    A Georgia federal judge has narrowed the scope of a civil rights lawsuit filed by a woman who said she was denied a senior position with a local housing authority after leaders found out she'd sued her prior employer, tossing several claims Friday against the ex-chairman of the authority's board.

  • May 31, 2024

    Pa. Media Co. Must Face Ex-Editor's Age, Disability Bias Suit

    A local media company can't dodge a former editor's lawsuit claiming she was fired and replaced with younger workers for requesting to work from home because of arthritis, a Pennsylvania federal judge ruled, finding her allegations were detailed enough to move forward.

  • May 31, 2024

    NY Forecast: Judge Considers IATSE Movie Pay Dispute

    This week, a New York federal judge will hear arguments over the International Alliance of Theatrical Stage Employees' attempt to force a film production company to make wage and benefits payments the union claims it has not made as required under an arbitration award.

  • May 31, 2024

    Former Allstate Lawyer Settles Disability Bias Suit

    A former in-house lawyer at insurance giant Allstate has agreed to settle his dispute with the company alleging he was wrongfully fired because his doctor said he could no longer work on trials because of heart issues.

  • May 31, 2024

    Complaints About BC Tennis Coach Led To Firing, Suit Says

    A former assistant women's tennis coach at Boston College says the head coach of the program "set out on a campaign to undermine and alienate" her out of professional jealousy and gender bias, alleging she was fired in retaliation after complaining to administrators.

  • May 31, 2024

    Store Applicant Wants Pay Range Case In State Court ASAP

    A job applicant told a Washington federal judge not to grant retailer Aaron's bid to appeal to the Ninth Circuit his case accusing it of violating a state requirement to include pay ranges in job advertisements, saying it contradicts the company's claim the suit shouldn't be in federal court.

  • May 31, 2024

    Ex-Penn State Football Team Doc Wins $5.25M Retaliation Suit

    A Pennsylvania jury awarded $5.25 million to a former doctor for the Pennsylvania State University football team who claimed he was fired for reporting that head coach James Franklin pressured him to push student-athletes back onto the field before they were ready, according to a verdict sheet made public Friday.

  • May 31, 2024

    DC Delegate Floats Bill To Create Sexual Harassment Panel

    U.S. Del. Eleanor Holmes Norton of the District of Columbia has introduced a bill that would create a national commission to study workplace sexual harassment and recommend changes to lawmakers and regulators. 

  • May 31, 2024

    Calif. Forecast: State Justices To Hear 'Sovereignty' Args

    In the coming week, attorneys should watch for oral arguments at the California Supreme Court regarding whether all public entities are exempt from certain state labor law wage requirements. Here's a look at that case and other labor and employment matters coming up in California.

  • May 31, 2024

    IBEW Exits Fired Utility Worker's Sexual Harassment Suit

    A Tennessee federal judge cut the International Brotherhood of Electrical Workers loose from a fired employee's suit claiming her union stood by while her supervisor sexually harassed her, rejecting arguments from the Memphis utility she worked for that it was unfair to let the IBEW out of the case.

  • May 31, 2024

    EEOC, Hotel Co. Resolve Suit Over Missing Demographic Data

    The U.S. Equal Employment Opportunity Commission and a Florida hospitality company told a federal court they've agreed to resolve the agency's lawsuit alleging the company neglected to report demographic information about its employees.

  • May 30, 2024

    Army Vet Again Files Retaliation Suit Against Casino Owners

    A disabled U.S. Army veteran and former table games dealer has again filed suit against Harrah's Casino and its parent company, Caesar's Entertainment, claiming his employment was wrongfully terminated after he requested time off to deal with the aftermath of a fire alarm that triggered his post-traumatic stress disorder.

Expert Analysis

  • 10 Steps To Reduce Risks From AI Employment Tools

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    In light of the White House’s recent executive order on responsible use of artificial intelligence, companies using AI tools to make employment decisions should take steps to understand and mitigate the legal risks posed by these products and keep up with the rapidly evolving regulations that govern them, say attorneys at Cooley.

  • What Employers Can Learn From EEOC's 2023 ADA Priorities

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    Between a spike in Americans with Disabilities Act suits filed by the Equal Employment Opportunity Commission in 2023 and the agency’s newly released priorities, the EEOC has provided employers a preview of several ADA issues — like web accessibility, pregnancy discrimination and inflexible policies — it will likely focus enforcement on next year, says Stacy Bunck at Ogletree.

  • Eye On Compliance: EEOC Focus On Workplace AI

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    With the U.S. Equal Employment Opportunity Commission’s recent guidance and enforcement focus on the use of artificial intelligence tools during the hiring process and other job-related assessments, companies should be mindful that anti-discrimination laws apply equally to both human- and AI-generated decisions, say Laura Stutz and Lisa Ackerman at Wilson Elser.

  • 5th Circ. Ruling Sets Bostock, Faith Exemption Up For Review

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    The Fifth Circuit's Braidwood v. Equal Employment Opportunity Commission decision could tee up U.S. Supreme Court review of whether employing an individual to whose protected class the employer objects infringes on the employer's religious beliefs, potentially narrowing LGBTQ worker protections from the high court's 2020 Bostock v. Clayton County decision, says Adam Grogan at Bell Law.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Why Employers Should Refrain From 'Quiet Firing'

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    While quiet firing — when an employer deliberately makes working conditions intolerable with the goal of forcing an employee to quit — has recently been identified in the news as a new trend, such constructive discharge tactics have been around for ages, and employers would do well to remember that, comparatively, direct firings may provide more legal protection, says Robin Shea at Constangy.

  • 5 New Calif. Laws Employers Need To Know

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    Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • How AI 'Cultural Fit' Assessments Can Be Analyzed For Bias

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    Attorneys at Sanford Heisler explore how the use of artificial intelligence to assess workplace cultural fit may provide employees with increased opportunities to challenge biased hiring practices, and employers with more potential to mitigate against bias in algorithmic evaluations.

  • High Court's Old, Bad Stats Analysis Can Miss Discrimination

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    Courts and practitioners should reconsider a common statistical test for evidence of employment discrimination, created by the U.S. Supreme Court for its 1977 Castaneda and Hazelwood cases, because its “two or three standard deviations” criteria stems from a misunderstanding of statistical methods that can dramatically minimize the actual prevalence of discrimination, says Daniel Levy at Advanced Analytical Consulting Group.

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • In Focus At The EEOC: Emerging And Developing Issues

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    The U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan highlights how the agency will prioritize its limited resources over the next four years, and the most notable emerging issues include ensuring protections for pregnant workers and those dealing with long-term COVID-19 effects, says Jim Paretti at Littler.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.