Discrimination

  • May 29, 2024

    Conn. Hospital Settles Exonerated Doctor's Race Bias Suit

    A Connecticut hospital and a doctor of Nigerian heritage have settled a race and gender discrimination lawsuit that followed a supervisor's assertion during a sexual harassment and assault probe that Nigeria was home to a "typically misogynistic and chauvinistic" culture, according to a Wednesday dismissal order.

  • May 29, 2024

    5th Circ. Backs Sheriff's Jury Win In Deputy's Bias Suit

    The Fifth Circuit upheld a Louisiana sheriff's defeat of a suit from a Black deputy who said he was fired for complaining that his white colleagues were treated better than he was, shutting down the retaliation claim more than three years after the appeals court revived it.

  • May 29, 2024

    9th Circ. Affirms Dismissal Of Doctor's Military Bias Suit

    An Arizona hospital defeated a doctor's discrimination lawsuit for the second time, with the Ninth Circuit upholding an Arizona federal judge's decision to toss the doctor's claims that the hospital showed bias against his military status by not renewing his contract after he deployed.

  • May 29, 2024

    Weinstein Could Face Added Assault Charges In Retrial

    New York prosecutors planning to retry Harvey Weinstein this fall after his rape conviction was overturned said Wednesday they may file an expanded indictment after hearing from new sexual assault claimants.

  • May 29, 2024

    Farm Will Pay $100K To End Calif. Agency's Sex Abuse Suit

    A fruit farm agreed to provide $100,000 to resolve a suit brought by California's Civil Rights Department in state court alleging its owner sexually harassed a strawberry harvester daily and groped her on the job.

  • May 29, 2024

    EEOC, Subway Franchises Ink Deal To End Race Bias Suit

    Three Subway franchises will pay $25,000 to end a U.S. Equal Employment Opportunity Commission suit alleging their owner left a Black former manager no choice but to quit because of frequent racist statements and mistreatment of employees, according to a filing Wednesday in a North Carolina federal court. 

  • May 29, 2024

    Fisher Phillips Adds Employment Pro In Dallas From GRSM50

    Fisher Phillips has strengthened its Dallas roster with a litigator experienced in representing employers in a broad array of complex labor and employment disputes who came aboard from Gordon Rees Scully Mansukhani LLP.

  • May 28, 2024

    Kia, Hyundai Still Face RICO Claims In Foreign Labor Suit

    Hyundai and Kia are still confronted with claims that they were in on a scheme to obtain cheap labor from skilled Mexican engineers seeking participation in a professional visa program after a Georgia federal judge determined workers had adequately alleged the companies' involvement.

  • May 28, 2024

    Pa. Court Says Vaccine Refusal Valid Cause For Firing Nurse

    A Pennsylvania Superior Court panel on Tuesday tossed a suit accusing a hospital of wrongfully firing a nurse practitioner who refused to be vaccinated against COVID-19, saying the nurse can't invoke the state's medical malpractice statute in a wrongful termination suit.

  • May 28, 2024

    EEOC Gender Bias Suit Should Continue, Magistrate Judge Says

    A magistrate judge on Tuesday recommended the denial of four Georgia waste removal companies' motion to dismiss a suit brought against them by the U.S. Equal Employment Opportunity Commission for allegedly subjecting female truck driver applicants to sexist interview questions before filling the roles with less qualified men.

  • May 28, 2024

    EEOC Accuses 12 More Employers Of Spurning Data Reports

    The U.S. Equal Employment Opportunity Commission filed a spate of lawsuits Tuesday against hospitality, transportation, food service and construction companies across the country, alleging they've shirked their legal responsibility to report demographic data about their employees for several years.

  • May 28, 2024

    Mich. Judge Tosses Ex-Prosecutor's Suit Over Firing

    A Michigan federal judge has dismissed a lawsuit from a fired assistant prosecutor alleging he lost his job at the Macomb County Prosecutor's Office for speaking out about harassment and retaliation, after the county asked for sanctions because the plaintiff wasn't complying with discovery requirements and missed a deposition.

  • May 28, 2024

    A Worker Advocate On Desegregating The Workforce

    Rebecca Dixon, a leader in workers' rights, said that major policy reforms like revising the Fair Labor Standards Act are needed to overcome the occupational segregation that characterizes today's workforce. Here, Dixon speaks to Law360 about the effects of occupational segregation and what needs to be done to address it.

  • May 28, 2024

    How Wash. 'Free Choice' Statute Overlaps With Anti-Bias Law

    A Washington state law aimed at preventing companies from holding mandatory anti-union meetings will take effect in June, and although the statute ostensibly targets labor matters, experts say the law should be on discrimination attorneys' radar due to its prohibitions on employers promoting political and religious views in the workplace.

  • May 28, 2024

    Nursing Co. Strikes Deal To End EEOC Misgendering Probe

    A Washington nursing facility has reached a deal with the U.S. Equal Employment Opportunity Commission to settle a charge from a worker who said the business sat idle while co-workers repeatedly and intentionally referred to them by the wrong pronouns.

  • May 28, 2024

    Workplace Civil Rights Suit Gets Full Mich. High Court Hearing

    The Michigan Supreme Court has agreed to again consider whether employers can use contracts to limit the ability of aggrieved workers to sue, after hearing mini oral arguments last year, though two justices said they would not have advanced the case. 

  • May 28, 2024

    Jury Says Chemical Co. Owes Fired Worker $400K In ADA Suit

    A South Carolina federal jury said a chemical company should pay a former worker $400,000 for violating the Americans with Disabilities Act by firing her after she took time off to treat a painful foot condition.

  • May 28, 2024

    Littler Brings On Ogletree Pay Equity Leader In NYC

    Employment and labor law giant Littler Mendelson PC announced Tuesday that it has grown its New York team with the addition of a pay transparency law expert and former pay equity practice group co-chair at Ogletree Deakins Nash Smoak & Stewart PC.

  • May 28, 2024

    11th Circ. Revives Ex-Legal Process Worker's Retaliation Suit

    The Eleventh Circuit reopened a former legal services company employee's lawsuit claiming her boss defaced her car because she complained that a Black colleague wasn't assigning work to white process servers, ruling a trial court used the wrong standard to evaluate her retaliation claims.

  • May 28, 2024

    Boston Red Sox Settle Fired Worker's COVID Vax Bias Suit

    The Boston Red Sox settled a suit from a former worker who said she was fired after refusing the COVID-19 vaccine because it conflicted with her Roman Catholic beliefs, according to a filing Tuesday in Florida federal court.

  • May 24, 2024

    NJ Panel Won't Revive Atty's Turnpike Authority Harassment Suit

    A New Jersey state appeals court panel stood by an attorney's loss Friday in his suit claiming the New Jersey Turnpike Authority and its officials held him back from promotions and raises and harassed him based on his military service in the U.S. National Guard.

  • May 24, 2024

    House Lawmakers Want New Hearing With FDIC's Gruenberg

    Federal Deposit Insurance Corp. Chair Martin Gruenberg is scheduled to appear before the U.S. House Financial Services Committee to answer questions about the damning findings of a probe of the FDIC's workplace culture.

  • May 24, 2024

    EEOC Asks DC Circ. To Revive Bias Case Against Union

    A Washington, D.C., federal judge erred by saying a government employee's discrimination suit against her union was essentially an unfair representation suit that belonged before the Federal Labor Relations Authority, the U.S. Equal Employment Opportunity Commission told the D.C. Circuit on Friday, saying the case belongs in court.

  • May 24, 2024

    Food Co. Neglects Workers' Demographic Data, EEOC Says

    The U.S. Equal Employment Opportunity Commission said a New Jersey food service distributor failed to collect demographic data about its workforce for several years in a row, telling a New Jersey federal court that civil rights law requires the company to file the reports.

  • May 24, 2024

    Spurning Applicants Over Anti-War Protests Poses Legal Risk

    Several conservative federal judges and company leaders have signaled they're disinclined to hire students who have participated in campus protests over the Israel-Hamas war, a stance that employment law experts said could invite discrimination claims.

Expert Analysis

  • An Employer's Guide To EEOC Draft Harassment Guidance

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    Rudy Gomez and Steven Reardon at FordHarrison discuss the most notable aspects of the U.S. Equal Employment Opportunity Commission’s recently proposed workplace harassment guidance, examine how it fits into the context of recent enforcement trends, and advise on proactive compliance measures in light of the commission’s first update on the issue in 24 years.

  • To Responsibly Rock Out At Work, Draft A Music Policy

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    Employers may be tempted to turn down the tunes after a Ninth Circuit decision that blasting misogynist music could count as workplace harassment, but companies can safely provide a soundtrack to the workday if they first take practical steps to ensure their playlists don’t demean or disrespect workers or patrons, says Ally Coll at the Purple Method.

  • 5 Surprises In New Pregnancy Law's Proposed Regulations

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    Attorneys at Baker McKenzie examine five significant ways that recently proposed regulations for implementing the Pregnant Workers Fairness Act could catch U.S. employers off guard by changing how pregnant workers and those with related medical conditions must be accommodated.

  • How Employers Can Take A Measured Approach To DEI

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    While corporate diversity, equity and inclusion programs are facing intense scrutiny, companies need not abandon efforts altogether — rather, now is the time to develop an action plan that can help ensure policies are legally compliant while still advancing DEI goals, say Erin Connell and Alexandria Elliott at Orrick.

  • Courts Should Revisit Availability Of Age Bias Law Damages

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    Federal courts have held that compensatory damages, including for emotional distress, are unavailable in Age Discrimination in Employment Act cases, but it's time for a revamped textualist approach to ensure plaintiffs can receive the critical make-whole remedies Congress intended the law to provide, say attorneys at Sanford Heisler.

  • Employers Should Take Note Of EEOC Focus On Conciliation

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    The U.S. Equal Employment Opportunity Commission's recent strategic plan signals that the agency could take a more aggressive approach when verifying employer compliance with conciliation agreements related to discrimination charges, and serves as a reminder that certain employer best practices can help to avoid negative consequences, says Jacqueline Hayduk at Foley & Lardner.

  • 7th Circ. Ruling May Steer ADA Toward Commuter Issues

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    Employers faced with commuting-accommodation requests from employees who do not require on-site modifications under the Americans with Disabilities Act should consider the Seventh Circuit's recent reopening of a lawsuit alleging unlawful refusal of a night-vision-challenged worker's request to extend a shift change, says Robin Shea at Constangy.

  • How Calif. Ruling Extends Worker Bias Liability To 3rd Parties

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    The California Supreme Court's recent significant decision in Raines v. U.S. Healthworks Medical Group means businesses that provide employment-related services to California employers can potentially be held liable for California’s Fair Employment and Housing Act violations, says Ryan Larocca at CDF Labor.

  • Anticipating The Impact Of 2 Impending New Title IX Rules

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    Two major amendments to Title IX — which the U.S. Department of Education is expected to finalize next month — would substantially alter the process schools must use for sexual discrimination complaints and limiting student participation in athletics based on gender identity, says Rebecca Sha at Phelps Dunbar.

  • Despite Regulation Lag, AI Whistleblowers Have Protections

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    Potential whistleblowers at companies failing to comply with the voluntary artificial intelligence commitments must look to a patchwork of state and federal laws for protection and incentives, but deserve comprehensive regulation in this field, say Alexis Ronickher and Matthew LaGarde at Katz Banks.

  • FCRA Legislation To Watch For The Remainder Of 2023

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    If enacted, pending federal and state legislation may result in significant changes for the Fair Credit Reporting Act landscape and thus require regulated entities and practitioners to pivot their compliance strategies, say attorneys at Troutman Pepper.

  • A Closer Look At Another HBCU Race Bias Suit Against NCAA

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    The National Collegiate Athletic Association's Academic Performance Program has become a lightning rod for scrutiny, as seen in the recently filed class action McKinney v. NCAA — where statistics in the complaint raise questions about the program's potential discriminatory impact on student-athletes at historically Black colleges and universities, say attorneys at Troutman Pepper.

  • Employer Defenses After High Court Religious Bias Decision

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    Following the U.S. Supreme Court's recent ruling in Groff v. DeJoy — which raised the bar for proving that a worker’s religious accommodation presents an undue hardship — employers can enlist other defense strategies, including grounds that an employee's belief is nonsectarian, say Kevin Jackson and Jack FitzGerald at Foley & Lardner.