Discrimination

  • May 07, 2024

    Wash. Opinion Establishes Pay Transparency Suit Battle Lines

    A Washington federal court opinion on a job applicant's pay transparency suit offers clues to how this novel area of equal pay could play out in future litigation, attorneys say, and it raises questions on what constitutes harm and a sincere application effort.

  • May 07, 2024

    Ark. Restaurant Operator Pays $12K For FMLA Infractions

    The operator of nine restaurants in Arkansas paid nearly $12,000 in back wages and fines for firing a worker who took protected leave under the Family and Medical Leave Act, the U.S. Department of Labor announced Tuesday.

  • May 07, 2024

    Ogletree Adds Shareholder In Detroit From Miller Canfield

    Ogletree Deakins Nash Smoak & Stewart PC has added a labor and employment partner from Michigan firm Miller Canfield Paddock & Stone PLC to its Detroit office, the firm announced Tuesday.

  • May 07, 2024

    Amazon Worker Wants Class Cert. In Military Leave Suit

    A former Amazon worker urged a New York federal court to greenlight a more than 9,000-member class of military reservists in her lawsuit accusing the e-commerce giant of failing to provide paid leave for employees on active duty, saying the dispute is best suited for class treatment.

  • May 07, 2024

    8th Circ. Seems Unwilling To Revive Ex-Lockheed Atty's Suit

    The Eighth Circuit appeared likely Tuesday to uphold the dismissal of a Black former Lockheed Martin in-house attorney's race discrimination and retaliation lawsuit, questioning whether a lesser sanction would've adequately punished misstatements to the trial court about her current high-paying job.

  • May 07, 2024

    FDIC Review Flags 'Patriarchal' Workplace, Chief's 'Temper'

    The Federal Deposit Insurance Corp.'s workplace culture has suffered "far too long" from sexual harassment, discrimination and other abuses that higher-ups failed to adequately address, according to a report released Tuesday that is drawing renewed calls for FDIC Chairman Martin Gruenberg's exit.

  • May 07, 2024

    Women's Advocate Discusses Unions' Impact On Pay Gaps

    Unions help women earn higher wages and narrow gender pay gaps, according to an analysis of U.S. Bureau of Labor Statistics data by the National Women’s Law Center. Here, Law360 speaks with the law center’s senior counsel Adrienne DerVartanian about the protections unions afford women and others.

  • May 07, 2024

    DC Circ. Boots Retired EPA Director's Age Bias Suit

    The D.C. Circuit declined Tuesday to revive a suit from a retired U.S. Environmental Protection Agency director who said she was pushed into a junior role to make way for younger workers, finding she couldn't pursue the case because she didn't lose benefits or pay.

  • May 07, 2024

    Google Says Exec's Firing Based On Behavior, Not Bias

    Google urged a New York federal court to toss a lawsuit from a former executive who said he was fired for being a white man, arguing his termination came because he threw a raucous, alcohol-fueled party at his lake house despite receiving prior warnings about bad behavior.

  • May 07, 2024

    Sidley Brings On Wilson Sonsini Employment Pro In Palo Alto

    Sidley Austin LLP has boosted its labor and employment practice with a partner joining from Wilson Sonsini Goodrich & Rosati PC who boasts more than a decade of experience handling employment-related matters in Silicon Valley.

  • May 06, 2024

    Ikea Sanctioned For Deleting Emails In Age Bias Suit

    A Pennsylvania federal judge on Monday sanctioned Ikea for deleting four email accounts it had a duty to preserve in a proposed collective action alleging the furniture retailer discriminated based on age, saying Ikea was grossly negligent, the plaintiffs were prejudiced and the retailers' subsequent "strategy of delay and obfuscation" was "offensive."

  • May 06, 2024

    Bridgewater Fights To Keep Bias Claims Under Wraps

    Connecticut asset management firm Bridgewater Associates LP fought Friday to keep dispute with two terminated employees over alleged discrimination in arbitration, saying the Federal Arbitration Act bans its ex-workers from using state court procedures contrary to private dispute resolution agreements, and from airing grievances in public.

  • May 06, 2024

    3rd Circ. Won't Revive Male Biopharma Worker's Sex Bias Suit

    The Third Circuit backed the dismissal Monday of a worker's suit claiming a biopharmaceutical company fired him over gender bias when a woman complained that he created an intolerable and toxic work environment, ruling there isn't enough evidence to support his case.

  • May 06, 2024

    7th Circ. Backs Ford In Black Ex-Plumber's Bias Suit

    The Seventh Circuit on Monday upheld Ford Motor Co.'s defeat of a former plumber's lawsuit alleging she was punished for reporting she'd been treated harshly by her supervisor because she's a Black Muslim woman, finding nothing wrong with a lower court tossing the case.

  • May 06, 2024

    9th Circ. Hints Walmart Can't Avoid Jury In Disability Bias Suit

    A Ninth Circuit panel indicated Monday that it doubted Walmart Inc. was being honest when it told a vision-impaired employee seeking to come back from a leave of absence that no jobs were available, with one judge suggesting a jury should decide if the retail giant lied to the worker.

  • May 06, 2024

    Workday Defeats In-House Atty's Bias Suit, For Now

    A California magistrate judge on Monday dismissed, for now, a lawsuit by a Workday Inc. in-house attorney who accused the company of discriminatory and retaliatory behavior, which included pay inequities and calling the police to conduct an unnecessary wellness check at his house when he was hospitalized. 

  • May 06, 2024

    Chicago To Pay $6M To End Water Workers' Race Bias Suits

    The city of Chicago will pay nearly $6 million to end several lawsuits accusing its water management department of allowing racism to go unchecked and subjecting Black employees to harsher discipline than white workers, counsel for the workers said Monday.

  • May 06, 2024

    NJ Justices Erase Gov't Workplace Probe Confidentiality Rule

    The New Jersey Supreme Court on Monday struck down part of a state statute that directs investigators to request, but not require, confidentiality in discrimination or harassment investigations involving state workers, ruling the provision still reached too far and chilled protected speech.

  • May 06, 2024

    Mass. Justices Wary Of Spiking Uber, Lyft Ballot Questions

    Justices on Massachusetts' highest court appeared unlikely Monday to strike down ballot proposals to reinvent app-based drivers' relationships with Uber, Lyft and the like, commenting that the scattershot ideas for voters in March all carry the underlying theme of creating a carveout from the state's worker-friendly employee classification law.

  • May 06, 2024

    Staffing Co. Can't Slip Mercedes Apprentice's Bias Claims

    A federal judge declined Monday to shut down claims from a Black worker who said she was unlawfully fired from a Mercedes-Benz apprenticeship program for complaining that her white, male counterparts received better treatment, saying the staffing company may have been her joint employer.

  • May 06, 2024

    Ex-Worker Sues Fla. Krispy Kreme Over Transgender Status

    A former employee at a corporate-owned Krispy Kreme restaurant in Miami has sued the company in Florida state court on allegations of sex and gender discrimination, saying that a manager fired her after learning about her transgender status.

  • May 06, 2024

    Colo. High Court Sanctions Ex-Judge Who Harassed Staff

    The Colorado Supreme Court on Monday formally censured a former state judge who sought out relationships with court staff and tried to get another judge to expedite his father's probate case, finding the judge "repeatedly abused his power for self-gain," and ordered him to pay $51,000 in sanctions.

  • May 06, 2024

    Blaze Media Must Show Docs In Harassment Suit, Judge Says

    A Texas federal judge ordered Blaze Media to cough up documents relating to a former commentator accused of sexual harassment, finding that the conservative media company didn't do enough to show that the discovery requests were overly broad and concerned confidential information.

  • May 06, 2024

    Prof's Free Speech Suit Over Native Land Statement Falls Flat

    A federal judge has tossed a professor's suit alleging the University of Washington violated his First Amendment rights after he opposed including an acknowledgment of Native Americans in his syllabus for a computer science course, saying his stance created a burden for the school.

  • May 06, 2024

    Ex-DeKalb Ethics Officer Wants Race Bias Suit Kept Alive

    Attorneys for a former DeKalb County Board of Ethics deputy ethics officer told a Georgia federal judge Monday that a magistrate judge ignored "key facts" when recommending the dismissal of her suit alleging she was fired for complaining about racial discrimination. 

Expert Analysis

  • 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.

  • Where Employers Stand After 5th Circ. Overturns Title VII Test

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    The substantial impact of the recent holding in Hamilton v. Dallas County means employers in the Fifth Circuit can now be liable under Title VII for a whole range of conduct not previously covered — but the court did set limits, and employers can take tangible steps to help protect themselves, say Holly Williamson and Steven DiBeneditto at Hunton.

  • Gauging The Scope Of NYC's New AI Employment Law

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    Although employers have received some guidance on the requirements of New York City's new restriction on the use of automated employment decision tools, there are many open questions to grapple with as Local Law 144 attempts to regulate new and evolving technology, say attorneys at Gibson Dunn.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Inflexible Remote Work Policies Can Put Employers In A Bind

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    As made clear in the recent decision by a Pennsylvania federal court in Oross v. Kutztown University, employers need to engage in individualized assessments of all requests for exemptions or accommodations to return-to-work policies to avoid potentially violating the Americans with Disabilities Act or Rehabilitation Act, say attorneys at Troutman Pepper. 

  • Congress Should Ban Employee Body Size Discrimination

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    New York City's recent enactment of a law that bans employers from discriminating against applicants and employees because of their height or weight should signal to Congress that now is the time to establish federal legislation that would prohibit such harmful practices, says Joseph Jeziorkowski at Valiant Law.

  • Why Employers Should Heed High Court Web Designer Ruling

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    While not an employment law ruling, the U.S. Supreme Court's recent decision in the First Amendment case 303 Creative v. Elenis raises serious questions for employers that constitute public accommodations and have related anti-discrimination policies, says Tanner Camp at Foley & Lardner.

  • What To Expect From The EEOC's Proposed Pregnancy Law

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    U.S. Equal Employment Opportunity Commission regulations implementing the Pregnant Workers Fairness Act require accommodations for many conditions related to pregnancy and childbirth, and while the final rule won't be published until the public comment period expires in October, employers should act promptly, says Amy Gluck at FisherBroyles.