Discrimination

  • May 20, 2024

    Mich. Judges Claim Immunity In Defender's Retaliation Suit

    A Detroit-area court and two of its judges say a public defender's retaliation suit should be dismissed because they have immunity from claims that her cases were moved because she complained about court staff behavior, saying that even if the allegations were true, the judges have a right to manage their courtrooms.  

  • May 20, 2024

    Wash. Pay Range Suits Meet Early Crossroads On Standing

    A federal court's ruling that a job applicant lacked standing to claim an employer violated Washington state's new requirement for employers to include pay ranges in job ads may signal that workers will fare better advancing such claims in state court, attorneys told Law360.

  • May 20, 2024

    Northshore Unit Beats Employee's Vaccine Exemption Suit

    A nurse working for a Northshore Health unit in Illinois cannot pursue employment deprivation claims over the hospital's initial rejection of her COVID-19 vaccine religious exemption request since she was granted the exemption on appeal, a federal judge said Friday.

  • May 20, 2024

    EEOC Backs Colorblind Conductor's ADA Suit At 5th Circ.

    The U.S. Equal Employment Opportunity Commission told the Fifth Circuit it should revive a colorblind conductor's disability bias suit claiming BNSF Railway Co. used a flawed vision test to fire him, arguing that the trial court misinterpreted railway safety regulations when it tossed the case.

  • May 20, 2024

    Recycling Co. Cuts Deal To Exit EEOC Retaliation Suit

    A recycling company will pay $90,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit accusing it of firing a veteran employee because he participated in an agency probe regarding gender bias, a filing in Alabama federal court said.

  • May 20, 2024

    Pa. Rehab Center Worker's Firing Suit Filed Too Late

    A Pennsylvania appeals panel won't reinstate a wrongful termination suit by a former rehabilitation center worker who says she was wrongly fired for using medical cannabis, rejecting her argument that her claims should be subject to a six-year statute of limitations instead of two years.

  • May 20, 2024

    Justices Won't Wade Into Engraver's Age Bias Suit

    The U.S. Supreme Court refused Monday to consider a metal engraver's claims that a silversmith fired him because he was over 40 with carpal tunnel syndrome, leaving in place a Ninth Circuit ruling that only part of his case needed to be heard by a jury.

  • May 20, 2024

    FDIC's Gruenberg To Resign In Workplace Report Aftermath

    Federal Deposit Insurance Corp. Chairman Martin Gruenberg committed Monday to resigning from his post amid continuing fallout from his agency's toxic workplace scandal, bending to mounting pressure for his exit.

  • May 17, 2024

    Jenner & Block Sued For Firing Worker Over Vax Refusal

    A former Jenner & Block LLP employee filed a discrimination suit against the law firm on May 17, claiming she was fired after the firm refused to provide a religious exemption from its COVID-19 vaccine mandate despite her belief that taking the vaccine would make her complicit in abortion.

  • May 17, 2024

    Manager Says Travel Co. Fired Her For Promotion Complaints

    A corporate hotel booking service gave lackluster performance reviews to a female national sales manager because she had taken maternity leave and fired her after she raised concerns about being passed over for promotions in favor of a less experienced male co-worker, according to a lawsuit in Colorado federal court.

  • May 17, 2024

    Delaware State Police Escapes Ex-Officer's Sex Bias Suit

    The Delaware State Police on Friday defeated a former officer's lawsuit alleging she was constantly bullied by superiors and eventually fired because of her gender, with a federal judge finding she failed to show how 15 years of sporadic events demonstrated a pattern of bias.

  • May 17, 2024

    Worker Settles Claims Conn. Museum Fired Her Over DEI Email

    A Hartford art museum and its former curatorial administrator who accused it of firing her for sending an email questioning its diversity, equity and inclusion initiatives came together to jointly dismiss the worker's free speech retaliation suit from Connecticut federal court.

  • May 17, 2024

    Philly Surgeon Settles Sex Bias Case With Jefferson Hospital

    An orthopedic surgeon who sued Thomas Jefferson University Hospital for gender discrimination over its handling of sexual assault allegations has settled his case with the hospital after a $15 million award in his favor was erased.

  • May 17, 2024

    EEOC Sues Smithfield Foods In Ga. For Age Discrimination

    The U.S. Equal Employment Opportunity Commission filed suit against Smithfield Foods Inc. and Smithfield Fresh Meats Sales Corp. in Georgia federal court on Friday for age discrimination, alleging the companies violated federal law by firing a senior sales employee because of her age.

  • May 17, 2024

    9th Circ. Judges Say Bias Suit Deserved En Banc Rehearing

    A Ninth Circuit panel's opinion that a fire chief's Christian faith wasn't the cause for his firing will have severe ramifications in discrimination cases and the full appellate court should have reconsidered it, several circuit judges said Friday.

  • May 17, 2024

    EEOC Charges Show Workers' Quick Grasp Of Pregnancy Law

    The U.S. Equal Employment Opportunity Commission fielded an unexpectedly substantial number of claims under the Pregnant Workers Fairness Act within just three months last year, signaling employees' readiness to take advantage of the law's protections. Here's a look at two areas employers should watch in light of the EEOC's latest charge data.

  • May 17, 2024

    NFL Gets Win In Gruden Arbitration Case, But Also A Warning

    The NFL convinced a Nevada appeals court to order arbitration for the defamation suit by former Las Vegas Raiders coach Jon Gruden, but experts say the league shouldn't celebrate too hard in the end zone, because the justices shone light on cracks in its arbitration process.

  • May 17, 2024

    Industry Emboldened After Justices Galvanize Agency Attacks

    In the year since the U.S. Supreme Court said "extraordinary" and "far-reaching" attacks on administrative enforcers can skip agency tribunals and go straight to federal district court, ambitious challenges to regulatory powers are rapidly gaining traction, and the high court is poised to put them on an even firmer footing.

  • May 17, 2024

    11th Circ. Won't Rethink Nixing Black Teachers' Race Bias Suit

    The Eleventh Circuit said it will not review its decision backing the dismissal of a suit brought by a charter school that said a Florida school district fired Black teachers and forced the school to close out of discrimination against the community's predominantly Black residents.

  • May 17, 2024

    NJ Atty Escapes Malpractice Suit Over UPS Bias Suit

    A New Jersey state appeals court on Friday refused to revive a legal malpractice lawsuit from a UPS driver alleging his ex-lawyer did not disclose his working relationship with Day Pitney LLP, the firm that represented the delivery company in the driver's underlying racial discrimination suit.

  • May 17, 2024

    Chicago Tribune Accused Of Underpaying Female, Black Staff

    A group of Chicago Tribune journalists sued the paper and its parent Alden Global Capital in Illinois federal court on Thursday alleging sex and race discrimination that has caused more than 50 reporters and editors to get paid thousands of dollars per year less than their white male colleagues.

  • May 17, 2024

    NY Forecast: Doctor's Disability Bias Case Goes To 2nd Circ.

    In the coming week, the Second Circuit will hear a former New York University hospital doctor's bid to revive his suit claiming the hospital discriminated against him on the basis of his disability by denying him work accommodations before firing him. Here, Law360 explores this and other cases on the docket in New York.

  • May 17, 2024

    Calif. Forecast: Justices To Hear If Prop 22 Constitutional

    In the coming week, attorneys should watch for California Supreme Court oral arguments regarding the validity of the Proposition 22 ballot measure from 2020. Here's a look at that case and other labor and employment matters coming up in California.

  • May 17, 2024

    Flight Crews Get Step Closer To In-Flight Nursing Breaks

    The enactment of the Federal Aviation Administration Reauthorization Act paves the way for in-flight crew members to finally have the right to express breast milk by requiring the FAA to address safety concerns head-on, attorneys say.

  • May 17, 2024

    Split 8th Circ. Rejects White Worker's Retaliation Case

    A split Eighth Circuit panel refused to revive a white former security officer's suit claiming a St. Louis economic development organization fired him for complaining that a Black colleague sexually harassed him, ruling the worker's allegations weren't detailed enough to sustain the case.

Expert Analysis

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • What Texas Employers Should Know After PWFA Ruling

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    After a Texas federal judge recently enjoined federal agencies from enforcing the Pregnant Workers Fairness Act against the state of Texas, all employers must still remain sensitive to local, state and federal protections for pregnant workers, and proactive in their approach to pregnancy-related accommodations, says Maritza Sanchez at Phelps Dunbar.

  • AI In Performance Management: Mitigating Employer Risk

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    Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • 11th Circ. FMLA Ruling Deepens Divide Over Causation

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    The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.

  • Handling Neurodivergence As The Basis Of Disability Claims

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    Three recent discrimination claims in Rhode Island and New Jersey show how allegations of adverse treatment of neurodivergent individuals will continue to be tested in court, so employers should create an environment that welcomes the disclosure of such conditions, says Ting Cheung at Sanford Heisler.

  • Employers Should Take Surgeon's Sex Bias Suit As A Warning

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    A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.