Discrimination

  • May 14, 2024

    Eli Lilly Can Challenge Collective Cert. Ruling In Age Bias Suit

    An Indiana federal judge said Eli Lilly & Co. can immediately appeal a decision certifying a collective in a suit accusing the pharmaceutical company of favoring millennials over older workers for promotions, agreeing that the Seventh Circuit should clarify the requirements for moving forward collectively.

  • May 14, 2024

    Workday's Liability Defense In AI Bias Battle Troubles Judge

    A California federal judge handling a job candidate's discrimination case over Workday's artificial intelligence-powered hiring tools seemed ready Tuesday to let the legal battle move ahead, as she expressed skepticism about the software developer's assertion that federal employment laws can't reach it.

  • May 14, 2024

    Vince McMahon Calls Accuser Hypocritical In Arbitration Push

    Embattled World Wrestling Entertainment Inc. founder Vince McMahon has characterized a former employee's bid to strike his preliminary statement from her lawsuit as meritless hypocrisy, a move that comes roughly four months after she first lodged the shocking complaint against him alleging abuse and trafficking.

  • May 14, 2024

    California Pot Worker's Suit Alleges Slurs, Unpaid Overtime

    A former worker for a cannabis cultivator and distributor is suing his former employer in California state court, saying he was fired in retaliation for reporting a work environment rife with racial discrimination.

  • May 14, 2024

    Novo Nordisk Ducks Fired Worker's Race Bias Suit

    A New Jersey federal judge granted Novo Nordisk a win in a former worker's lawsuit alleging she was fired after she complained she was passed over for an award because she's Black, saying she failed to refute the pharmaceutical company's argument that she had violated its policies.

  • May 14, 2024

    Judge Steps Down From EEOC Age, Race Bias Suit

    A Tennessee federal judge stepped down Tuesday from a U.S. Equal Employment Opportunity Commission suit claiming HCA Healthcare refused to promote a researcher because he was an Asian man in his 50s, nullifying her recent decision denying the company's dismissal bid.

  • May 14, 2024

    Republican AGs Say EEOC Harassment Guidance Oversteps

    A coalition of 18 Republican state attorneys general asked a Tennessee federal judge to scrap recently finalized guidance on workplace harassment issued by the U.S. Equal Employment Opportunity Commission, arguing its protections surrounding gender identity amount to government overreach.

  • May 13, 2024

    'Grinch' Is Not A Protected Class, HHS Tells 4th Circ.

    The U.S. Department of Health and Human Services has urged the Fourth Circuit to reject a chemist's discrimination, hostile work environment and retaliation claims, arguing that "Grinch" is not a protected class and federal law doesn't protect an individual "from not being well-liked in the workplace."

  • May 13, 2024

    Boston Federal Judge To Be Witness In City Harassment Case

    A former Boston city employee will be allowed to call a senior federal judge to testify about a conversation the two had months before she reported being sexually harassed by a former city health director, a state court has ruled.

  • May 13, 2024

    Ariz. Casino Can't Claim Immunity In Discrimination Row

    Sovereign immunity can't protect a Harrah's casino operated on Arizona Native American lands from a discrimination lawsuit filed by five former employees, a federal judge said, arguing that the for-profit corporation is formed under the laws of the state, not those of the tribal community.

  • May 13, 2024

    Tesla Resolves Ex-Worker's Sex Harassment Suit

    Tesla reached a deal with a former production associate to end her lawsuit accusing the company of firing her after she reported that she had been sexually harassed at work, according to a filing Monday in California federal court.

  • May 13, 2024

    Ex-Uber Software Engineer's Bias Suit Kicked To Arbitration

    An Indian former Uber software engineer must arbitrate her suit claiming she was unlawfully disparaged, micromanaged and humiliated by higher-ups including the company's co-founder, after a New York federal judge found her employment agreement requires an arbitrator to decide whether an arbitration provision is enforceable.

  • May 13, 2024

    Medical Pot Patient Drops Discrimination Suit Against US Steel

    A former U.S. Steel Corp. employee who says he was wrongly fired for using medically licensed marijuana off the job has quietly dropped his race and disability discrimination suit against the company, according to a filing in Pennsylvania federal court.

  • May 13, 2024

    Calif. Jury Awards Ex-UCLA Doctor $14M In 2nd Bias Trial

    A California state jury awarded $14 million to a former UCLA oncologist and professor who said she was discriminated against and constructively discharged from her job due to her gender, four years after the state appeals court threw out a $13 million jury verdict from the first trial.

  • May 13, 2024

    11th Circ. Says Ga. County's Trans Health Ban Violates Title VII

    A split Eleventh Circuit panel upheld a win Monday for a transgender sheriff's deputy who challenged a Georgia county health plan's refusal to pay for gender-affirmation surgery, ruling the coverage exclusion violated federal anti-discrimination law.

  • May 13, 2024

    Gay Teacher's Loss Has Silver Lining For LGBTQ Workers

    Although the Fourth Circuit ruled that a Catholic school was legally allowed to fire a teacher because he's gay, the court took a narrow approach that cut off the school's push to give religious employers more power to sidestep anti-bias law.

  • May 13, 2024

    1st Circ. Backs Arbitration In PwC Pregnancy Bias Suit

    The First Circuit said a PricewaterhouseCoopers LLP accountant must arbitrate her suit claiming she received negative evaluations because she requested maternity leave during a high-risk pregnancy, unpersuaded by her claim that she never received an email adding an arbitration agreement to her employment contract.

  • May 13, 2024

    Security Co. Settles EEOC Age, Disability Bias Suit

    A New York City security company will pay $22,500 to close a U.S. Equal Employment Opportunity Commission suit claiming it pressured a worker to retire following a heart attack and fired him when he refused, according to a Monday filing in New York federal court.

  • May 13, 2024

    Oil Co. Ends EEOC Disability Bias Suit Over Opioid Meds

    An oilfield equipment supplier will pay $35,000 to end a suit in Texas federal court by the U.S. Equal Employment Opportunity Commission accusing it of yanking a job offer from a welder because of his opioid use disorder medication, the EEOC said.

  • May 13, 2024

    High Court Skips White Law Prof's Bias Suits Against HBCU

    The U.S. Supreme Court said Monday that it won't review a white former law professor's unsuccessful suits alleging she was harassed out of her job for challenging race-and-gender-based wage inequities at a historically Black university, despite her argument that the Fifth Circuit flouted precedent when it axed her complaints.

  • May 13, 2024

    High Court Won't Consider Ex-Tufts Prof's Retaliation Suit

    The U.S. Supreme Court declined Monday to review a lawsuit brought by a former Tufts University dental professor who said the First Circuit ignored crucial evidence and relied on false information when it shut down claims that she lost a promotion for reporting sexual harassment.

  • May 10, 2024

    3 Things To Know After NJ Nondisparagement Pact Ruling

    The New Jersey Supreme Court recently dealt a severe blow against the use of nondisparagement clauses in deals resolving workplace discrimination claims, with experts saying the justices' stance clears up an ambiguity in state anti-bias law that will result in greater scrutiny being placed on the wording of settlements. Here, experts discuss three things to know about the state high court's ruling.

  • May 10, 2024

    Fla. Agency Forced Resignation Over Mental Illness, Suit Says

    A former employee of a Florida insurance regulatory agency is suing her onetime employer in federal court, alleging a supervisor made her quit after falsely suspecting she may have bipolar disorder.

  • May 10, 2024

    McDonald's Workers Want Class Cert. In Sex Harassment Suit

    A pair of McDonald's workers claiming that the company has allowed sexual harassment to run rampant in its stores asked an Illinois federal judge to certify classes of thousands of women and girls who've worked at Florida locations, arguing that class treatment is the best way to evaluate whether McDonald's has a pattern of tolerating harassment.

  • May 10, 2024

    Mich. Justices Find State Law Bars Firing Friend As Reprisal

    The Michigan Supreme Court held Friday that the state's civil rights law prohibits employers from retaliating against an employee by targeting a coworker who is a friend or family member, reviving two former prison workers' lawsuit against the state.

Expert Analysis

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Lessons Learned From 2023's Top FMLA Decisions

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    This year’s most significant Family and Medical Leave Act decisions offer lessons on the act's technical requirements, including the definition of serious health condition, compliance with notice requirements and whether it is permissible to give an employee substantial extra work upon their return from leave, says Linda Dwoskin at Dechert.

  • Artificial Intelligence Is In Need Of Regulation — But How?

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    Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • 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.