Discrimination

  • June 13, 2024

    Apple Workers' Suit Says Women Are Paid Less For Same Work

    A pair of Apple workers lodged a proposed class action in California state court Thursday claiming that the company has systematically paid thousands of women less than their male counterparts for substantially similar work for years.

  • June 13, 2024

    Alston & Bird Wins Bid To Arbitrate COVID Vax Claims

    Alston & Bird LLP can arbitrate a former aide's allegations that she was fired after refusing to the COVID-19 vaccine, a Georgia federal judge ruled Thursday, putting the litigation on ice pending the outcome of arbitration.

  • June 13, 2024

    8th Circ. Backs Wabtec In Fired Black Worker's Race Bias Suit

    The Eighth Circuit upheld Thursday the dismissal of a Black plant supervisor's suit claiming Wabtec fired him out of racial bias when it faulted him for violating its COVID-19 close contact disclosure policies, ruling that the former employee didn't show bias cost him a job rather than misconduct.

  • June 13, 2024

    Health Data Co. Beats Ex-GC's Federal Age Bias Claim

    A healthcare data analytics company has beaten back its former general counsel's claim that he was underpaid due to his age, with a New York federal judge saying the ex-employee offered some evidence to support his Age Discrimination in Employment Act claim, but not enough.

  • June 13, 2024

    EEOC Accuses 2 Employers Of Gender Identity, Gay Bias

    The U.S. Equal Employment Opportunity Commission in federal courts Thursday accused an Alabama hotel of firing an employee because his style didn't conform to male stereotypes and an Illinois flooring company of failing to stop employees from making homophobic remarks, in violation of federal anti-discrimination law.

  • June 13, 2024

    Brewpub Reaches $115K Deal To Exit EEOC Retaliation Suit

    A restaurant and brewery agreed Thursday to pay $115,000 to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of firing a Black cook for flagging verbal abuse of Black and Hispanic employees in the workplace, according to a filing in Georgia federal court.

  • June 13, 2024

    2nd Circ. Revives Conn. Town Worker's Sex Harassment Suit

    The Second Circuit gave a Connecticut town employee another shot Thursday at her suit claiming she endured years of harassing letters from a contractor who accused her of having sex with subordinates, saying a reasonable jury could find the town should have done more to intervene.

  • June 13, 2024

    McCarter & English Atty Named Frier Levitt Employment Head

    A former McCarter & English LLP partner of over 20 years with deep experience representing healthcare clients has moved to Frier Levitt to head the national firm's employment practice group, Frier Levitt announced Thursday.

  • June 13, 2024

    Delta Dodges Female Mechanic's Promotion, Pay Bias Suit

    Delta Air Lines Inc. defeated a mechanic's lawsuit claiming she was denied promotions and paid less than male colleagues because she's a woman, with a Utah federal judge ruling she hadn't shown she was treated differently from any comparable co-worker.

  • June 13, 2024

    Sheetz Asks To Ship EEOC Background Check Suit To Pa.

    Sheetz urged a Maryland federal court to send to Pennsylvania a suit lodged by the U.S. Equal Employment Opportunity Commission over the convenience store chain's use of criminal background checks to make hiring decisions, saying that state is a more convenient location for everyone involved.

  • June 12, 2024

    FDIC Head Must Go To Change Status Quo, GOP Reps. Say

    House Republicans on Wednesday criticized Federal Deposit Insurance Corp. Chair Martin Gruenberg for not immediately resigning in the wake of a probe of the agency's workplace culture, but some Democrats took issue with the scope of a report on the investigation's findings while applauding his rumored successor.

  • June 12, 2024

    TV News Managers Blamed For Pride Memo Sue Nexstar

    Two former television news managers in western Michigan sued their former employer, Nexstar Media Group, this week, saying the company turned them into scapegoats amid backlash against an internal memo suggesting reporters dial back Pride Month coverage and include "both sides of the issue." 

  • June 12, 2024

    Fired SpaceX Workers Say Musk Runs Co. 'In The Dark Ages'

    Eight former SpaceX employees on Wednesday became the latest to sue the company and CEO Elon Musk alleging a hostile and abusive workplace that demeans women and LGBTQ+ people, saying in California state court they were unlawfully fired when they objected to his conduct.

  • June 12, 2024

    NY AG, Firms Beat Cuomo Subpoenas In Sex Harassment Suit

    Former New York Gov. Andrew Cuomo can't force Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC to produce information about an investigation into sexual misconduct accusations that forced him to resign, a federal judge ruled Wednesday, finding the firms were acting under the state attorney general's authority.

  • June 12, 2024

    9th Circ. Questions Arbitration Carveout For AmEx Workers

    A Ninth Circuit panel seemed inclined Wednesday to force four white former American Express employees to arbitrate their proposed class action claims alleging race bias.

  • June 12, 2024

    6th Circ. Says Worker's Anti-Vax Bias Suit Prematurely Tossed

    A trial court was too tough on a Christian job seeker when it threw out her religious bias lawsuit against an in-home healthcare provider that she alleged turned her away for refusing to get the COVID-19 vaccine, the Sixth Circuit ruled Wednesday.

  • June 12, 2024

    Home Depot Asks To Settle Claim It Shushed Worker On Probe

    Home Depot reached a proposed settlement to an allegation that it violated federal labor law by telling a Minneapolis worker to keep quiet about the company's investigation into his claims of racist treatment by a coworker, according to paperwork presented to a National Labor Relations Board judge.

  • June 12, 2024

    Ex-Wendy's Worker Drops Suit Over Breast-Pumping Space

    A former Wendy's employee who accused the company and multiple related entities of failing to provide proper private space for workers to pump breast milk despite federal labor laws requiring them to do so has permanently dropped her claims from Ohio federal court.

  • June 12, 2024

    Associate Sues Kaufman Dolowich Alleging Disability Bias

    A former associate with national law firm Kaufman Dolowich & Voluck LLP claims in a federal lawsuit that attorneys at the firm's Philadelphia office discriminated against him after he asked for accommodations for his hearing impairment.

  • June 12, 2024

    Solar Staffing Cos. Escape Black Workers' Race Bias Suit

    Renewable energy industry staffing companies defeated a lawsuit claiming they used the pandemic as an excuse to fire dozens of Black workers, with a Texas federal judge saying the former employees couldn't overcome the companies' explanation that the workers had violated COVID-19 safety measures.

  • June 12, 2024

    Marketing Co. Can't Sink ADA Suit Over Wellness Program

    An Illinois federal judge refused to toss a proposed class action brought by marketing firm workers who allege a medical exam for the company's wellness plan violated disability bias law, saying their argument that the test wasn't genuinely voluntary was strong enough to stay in court.

  • June 11, 2024

    Seattle Port's Ex-Police Takes Wrongful Firing Case To Trial

    A former Port of Seattle police chief told a Washington state jury on Tuesday that he was wrongfully fired from his job over false claims that he retaliated against an officer, accusing the port of hiring an independent investigator to assemble a damning report in anticipation of a lawsuit over the termination.

  • June 11, 2024

    Dem Bill Would Cancel 2018 High Court Ruling On Arbitration

    House and Senate Democrats reintroduced legislation Tuesday that would do away with mandatory workplace arbitration agreements, a move they said would counteract a 2018 U.S. Supreme Court ruling that said requiring solo arbitration in worker disputes didn't violate federal labor law.

  • June 11, 2024

    Raytheon Openly Prefers Younger Job Applicants, Suit Says

    Raytheon for years has violated age bias law by advertising positions explicitly meant for recent college graduates despite public statements acknowledging that the aerospace company needs thousands of additional workers, a 67-year-old job applicant alleged Tuesday in Massachusetts federal court.

  • June 11, 2024

    4th Circ. Says Md. Development Entity Immune From Bias Suit

    The Fourth Circuit on Tuesday upheld the dismissal of a lawsuit alleging a Maryland economic development corporation fired a Black employee for complaining she'd been denied opportunities because of her race and gender, saying a lower court correctly ruled that the state organization is immune from her claims.

Expert Analysis

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • 5 Steps For Gov't Contractor Affirmative Action Verification

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    As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.

  • New OSHA Memo Helps Clarify Recordkeeping Compliance

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    Based on recent Occupational Safety and Health Administration guidance on whether musculoskeletal disorders are recordable injuries under the agency's recordkeeping regulation, it appears that OSHA may target active release techniques and stretching programs during its inspections, say attorneys at Morgan Lewis.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

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    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • Navigating Title VII Compliance And Litigation Post-Muldrow

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    The U.S. Supreme Court’s recent ruling in Muldrow v. St. Louis has broadened the scope of Title VII litigation, meaning employers must reassess their practices to ensure compliance across jurisdictions and conduct more detailed factual analyses to defend against claims effectively, say Robert Pepple and Christopher Stevens at Nixon Peabody.

  • Why Employers Shouldn't Overreact To Protest Activities

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    Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.

  • Best Practices To Accommodate Workplace Service Animals

    Excerpt from Practical Guidance
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    Since the U.S. Equal Employment Opportunity Commission recently pledged to enforce accommodations for people with intellectual, developmental and mental health-related disabilities, companies should use an interactive process to properly respond when employees ask about bringing service animals into the workplace, say Samuel Lillard and Jantzen Mace at Ogletree.

  • Kansas Workers' Comp. Updates Can Benefit Labor, Business

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    While the most significant shake-up from the April amendment to the Kansas Workers Compensation Act will likely be the increase in potential lifetime payouts for workers totally disabled on the job, other changes that streamline the hearing process will benefit both employees and companies, says Weston Mills at Gilson Daub.