Discrimination

  • May 09, 2024

    Acting Labor Sec. Urges Senate Panel To Back DOL Funding

    Acting Labor Secretary Julie Su on Thursday defended President Joe Biden's U.S. Department of Labor budget, telling a Senate panel that such funding is necessary to recover workers' stolen wages and fight unlawful child labor, among other priorities.

  • May 09, 2024

    Nike Denied Nursing Workers Lactation Spaces, Suit Says

    Nike failed to provide nursing employees with adequate breaks or spaces to express breast milk and told a manager that she was setting a bad example for her team when she asked to pump milk outside of her scheduled breaks, a lawsuit filed in Los Angeles County superior court said.

  • May 09, 2024

    'You Have To Engage,' Judge Tells Attys In Damages Debate

    A Georgia federal judge on Thursday chided attorneys for a man hoping to beat back a challenge to a $3.4 million discrimination verdict he won last year, saying that they needed to put a little more sweat equity into their filings if they hoped to keep their hefty judgment whole.

  • May 09, 2024

    IBM Unit Fired White Man To Meet Diversity Quotas, Suit Says

    A white male employee said software company Red Hat fired him to make room for more women and people of color in its workforce after it announced diversity quotas that he had vocally opposed, according to a suit filed in Idaho federal court.

  • May 09, 2024

    NYC Denies IVF Coverage To Gay Male Workers, Court Told

    New York City unlawfully discriminates against gay male employees by refusing to cover in vitro fertilization under its healthcare plan while providing heterosexual and lesbian workers with those benefits, according to a proposed class action filed Thursday in federal court.

  • May 08, 2024

    Texas Univ. Says Rules, Not Sex Bias, Behind Coach Firing

    The University of Texas Rio Grande Valley pushed back Wednesday against a former assistant tennis coach who accused the school of firing her because of her sexual orientation, arguing that she was dismissed for violating its policy while traveling for a tournament.

  • May 08, 2024

    EEOC Atty Highlights Top PWFA Compliance Challenges

    U.S. Equal Employment Opportunity Commission legal counsel Carol Miaskoff gave her take Wednesday on some notable compliance challenges the Pregnant Workers Fairness Act will pose for employers, pointing to areas where numerous laws may overlap and the requirement that workers core tasks could be paused.

  • May 08, 2024

    EEOC's Lucas Says Worker Groups Can Be A DEI 'Blind Spot'

    Workplace groups, even purely social ones, that restrict membership based on race or sex may be on shaky legal ground in the wake of a recent U.S. Supreme Court ruling, U.S. Equal Employment Opportunity Commission member Andrea Lucas suggested Wednesday.

  • May 08, 2024

    Duke Doctor Partially Resuscitates NC Firing Suit

    The North Carolina state appeals court has partially revived a fired Duke University hospital resident's lawsuit alleging that health care system officials terminated him because of his depression after an inadequate firing-review process that violated an employment contract.

  • May 08, 2024

    Maintenance Co. Can't Dodge Fired Black Worker's Bias Suit

    A Louisiana federal judge declined Wednesday to toss a Black maintenance worker's suit claiming bogus concerns about his performance got him fired, ruling his allegation that a white supervisor called him a racial slur showed that bias might have been in play.

  • May 08, 2024

    8th Circ. Grapples With What Triggers An EFAA 'Dispute'

    The Eighth Circuit seemed skeptical Wednesday of Chipotle's argument that the date of a worker's alleged sexual assault is the linchpin for determining whether a law limiting mandatory arbitration shields her lawsuit, but receptive to the notion that a "dispute" could have occurred before she filed the case in court.

  • May 08, 2024

    NJ Court Reverses Order Piercing School Board Atty Privilege

    A New Jersey appellate court has reversed trial court orders compelling a school district to produce communications with its attorneys in a discrimination and malicious prosecution suit brought by a former administrator, finding that she had not established any Sixth Amendment right at stake to necessitate piercing attorney-client privilege.

  • May 08, 2024

    Littler Atty Named Miami Leader Less Than 1 Year After Arrival

    Littler Mendelson PC has selected one of its newest shareholders in Miami to take over the office managing shareholder position, the firm announced Wednesday.

  • May 08, 2024

    Dems Propose Scrapping Title VII Damages Caps

    House and Senate Democrats unveiled legislation Wednesday that would eliminate ceilings on the amount of damages workers can receive under federal civil rights law if a jury finds they've been discriminated against, a proposal the lawmakers say would correct outdated limits.

  • May 08, 2024

    Lighting Co. Reaches Deal To End Parental Leave Suit

    A lighting company struck a deal with a former project manager who accused the company of firing him because he asked to take parental leave after his child was born and he was then stuck in Egypt at the outset of the pandemic, a Massachusetts federal court filing said.

  • May 08, 2024

    Catholic School Defeats Gay Teacher's Bias Suit At 4th Circ.

    The Fourth Circuit on Wednesday struck down a gay drama teacher's win in his suit alleging he was unlawfully fired by a Catholic school after announcing his wedding on Facebook, finding that his job entailed responsibilities that triggered a religious exception to anti-discrimination law.

  • May 07, 2024

    Gov't Enforcement Concerns Employers, Littler Report Finds

    Almost three-quarters of U.S. employers share great concern over the impact the U.S. Department of Labor's and the National Labor Relations Board's enforcement actions will have on their businesses, according to a survey Littler Mendelson PC released Wednesday.

  • May 07, 2024

    10th Circ. Finds 'Religious Animus' In School's Vaccine Rules

    The Tenth Circuit ruled Tuesday that the University of Colorado System's policies regarding COVID-19 vaccine exemptions violated constitutional religious liberty protections, saying its rules were motivated by "religious animus" and should have been blocked by a trial court.

  • May 07, 2024

    5th Circ. Urged To Reject Challenge To Board Diversity Rule

    The NAACP Legal Defense and Educational Fund urged the Fifth Circuit not to upend a Nasdaq Stock Market rule meant to encourage corporate board diversity, saying in a brief Monday that the rule's opponents have staked out a "radical" position on the equal protection clause of the U.S. Constitution that threatens to "entrench ... barriers to opportunity."

  • May 07, 2024

    Remote Atty Is No Reason For Mistrial, 10th Circ. Says

    In a published opinion Tuesday, a Tenth Circuit panel ruled that the remote court appearance of a plaintiff's attorney who contracted COVID-19 was not grounds to declare a mistrial after a Black utility worker lost his Title VII workplace discrimination case in Kansas, finding that the plaintiff could not show that he was prejudiced by his lead counsel's absence.

  • May 07, 2024

    8th Circ. To Mull Scope Of 2022 Law Curbing Arbitration

    An Eighth Circuit panel on Wednesday will be the first federal appellate court to grapple with the question of when actions must have occurred to be covered under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, an issue experts say urgently needs more clarity.

  • May 07, 2024

    Ohio City Escapes Police Officer's Age Bias Suit

    An Ohio city on Tuesday defeated a lawsuit from a police officer who claimed he was fired because he was in his 50s, with a federal judge finding he had a record of policy violations that a younger colleague did not.

  • May 07, 2024

    Ex-LSU Director Denied New Trial Bid In Bias Suit

    A former associate athletic director cannot revive her suit claiming that Louisiana State University fired her after she reported sex- and race-based discrimination and harassment, a Louisiana federal judge ruled Tuesday, finding that the former director failed to show that her termination was caused by her reporting of the discrimination.

  • May 07, 2024

    NJ Justices Say Survivor Gag Orders Flout #MeToo Law

    A nondisparagement clause in a former New Jersey police sergeant's settlement agreement resolving sex discrimination, sexual harassment and retaliation claims against her former employer is against public policy and unenforceable, the New Jersey Supreme Court held on Tuesday.

  • May 07, 2024

    Hospital Can't Force Nurse's Retaliation Suit Into Arbitration

    A Texas appellate court said Tuesday that a former nurse does not have to arbitrate claims that she was fired after reporting that a patient slapped her buttock, stating that a recently enacted federal law barring sexual assault-related claims from out-of-court resolutions applies to her case.

Expert Analysis

  • In Focus At The EEOC: Eliminating Recruiting, Hiring Barriers

    Author Photo

    While the recruiting and hiring segment of the U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan spotlights the potential discriminatory effects of artificial intelligence, employers should note that it also touches on traditional bias issues such as unlawfully targeted job advertisements and application inaccessibility, say Rachel See and Annette Tyman at Seyfarth.

  • A Look Into The Developing Regulation Of Employer AI

    Author Photo

    Although employers' use of artificial intelligence is still limited, legislators and companies have been ramping up their efforts to regulate its use in the workplace, with employers actively contributing to the ongoing debate, say Gerald Hathaway and Marc-Joseph Gansah at Faegre Drinker.

  • In Focus At The EEOC: Advancing Equal Pay

    Author Photo

    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • 2nd Circ. Ruling Clarifies Title VII Claim Standards

    Author Photo

    The Second Circuit's recent opinion in Banks v. General Motors, although it does not break new ground legally, comes at a crucial time when courts are reevaluating standards that apply to Title VII claims of discrimination and provides many useful lessons for practitioners, says Carolyn Wheeler at Katz Banks.

  • In Focus At The EEOC: Preventing Systemic Harassment

    Author Photo

    With the U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan identifying a renewed commitment to preventing and remedying systemic harassment, employers must ensure that workplace policies address the many complex elements of this pervasive issue — including virtual harassment and workers' intersecting identities, say Ally Coll and Shea Holman at the Purple Method.

  • Cos. Must Reassess Retaliation Risk As 2nd. Circ. Lowers Bar

    Author Photo

    After a recent Second Circuit decision broadened the federal standard for workplace retaliation, employers should reinforce their nondiscrimination and complaint-handling policies to help management anticipate and monitor worker grievances that could give rise to such claims, says Thomas Eron at Bond Schoeneck.

  • An Employer's Guide To EEOC Draft Harassment Guidance

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.