Discrimination

  • June 03, 2024

    EEOC Brings On Chief AI Officer From NLRB

    The U.S. Equal Employment Opportunity Commission said Monday that the former head of data strategy at the National Labor Relations Board has been named the EEOC's new deputy chief information officer and chief artificial intelligence officer.

  • June 03, 2024

    6th Circ. Says $10.5M Ascension Hospitals Vax Deal Too Broad

    The Sixth Circuit scrapped a settlement Monday in a class action claiming that Ascension Health Alliance illegally fired or suspended religious workers who rejected the COVID-19 vaccine, ruling the Michigan-based employees backing the suit lack standing to expand the deal nationwide.

  • June 03, 2024

    3rd Circ. Backs Bad Subpoena Sanction In Race, Sex Bias Suit

    The Third Circuit has upheld a $6,720 fee sanction against a New Jersey attorney for serving an intentionally misleading subpoena while representing a Garden State management company against federal race and sex bias claims.

  • June 03, 2024

    Grocer Strikes Deal To Exit EEOC Sex Harassment Suit

    A grocery store chain agreed to pay $75,000 to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of firing an employee after she complained that a male supervisor had sexually harassed her, a Monday filing in Pennsylvania federal court said.

  • June 03, 2024

    Ex-Conn. Dispensary Supervisor Drops Transgender Bias Suit

    A former supervisor at a Branford, Connecticut, cannabis dispensary has withdrawn her claims that her colleagues targeted her for being transgender and tried to get her in trouble at work by falsely claiming she was high on the job, targeting that allegedly led to her termination.

  • June 03, 2024

    Supreme Court Ruling Keeps Amazon Race Bias Suit Alive

    Amazon Music can't sink a Black former worker's suit alleging her responsibilities were reduced and she was placed on a performance improvement plan for complaining about her manager, a New York federal judge said, ruling her claims are viable based on a recent U.S. Supreme Court decision.

  • June 01, 2024

    Blockbuster Summer: 10 Big Issues Justices Still Must Decide

    As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.

  • May 31, 2024

    Colo. AI Bias Law Lays 'Foundation' For New State Patchwork

    Colorado's trailblazing legislation for regulating high-risk uses of artificial intelligence is likely to inspire other states to act, although a host of "reservations" about the measure from advocates and even Colorado's governor are likely to result in a fragmented national landscape as other states' legislatures use the measure as a launching point rather than a model they'd want to fully replicate. 

  • May 31, 2024

    PepsiCo Illegally Fired Blind Call Center Worker, EEOC Says

    PepsiCo fired a blind employee after refusing to find a screen-reading tool that worked with its software system to allow him to do his job as a call center worker, the U.S. Equal Employment Opportunity Commission claimed in a suit Friday in North Carolina federal court.

  • May 31, 2024

    Maritime Employees Stiffed On Sick Leave, Wash. Court Told

    A nonprofit representing shipping industry employers and a Washington state marine terminal operator have not been providing longshoremen with paid sick leave in violation of state wage law and a Seattle city ordinance, a longshoreman told a state court.

  • May 31, 2024

    Mass. Town Settles Ex-Superintendent's Gay Bias Suit

    A Massachusetts town settled a former school superintendent's suit claiming he was investigated and fired for exchanging personal texts with a former student because he was gay, shortly after a trial had started.

  • May 31, 2024

    4 Argument Sessions In June Bias Lawyers Should Know

    A group of Republican state attorneys general will urge a federal judge Monday to Equal Employment Opportunity Commission to block regulations implementing the Pregnant Workers Fairness Act, and the Fifth Circuit will hear Southwest Airlines’ push to overturn an anti-abortion former flight attendant's win in her religious bias suit. ​​​​​Here are four June argument sessions discrimination lawyers should have on their radar. 

  • May 31, 2024

    Race Bias Suit Against Ga. Housing Authority Trimmed

    A Georgia federal judge has narrowed the scope of a civil rights lawsuit filed by a woman who said she was denied a senior position with a local housing authority after leaders found out she'd sued her prior employer, tossing several claims Friday against the ex-chairman of the authority's board.

  • May 31, 2024

    Pa. Media Co. Must Face Ex-Editor's Age, Disability Bias Suit

    A local media company can't dodge a former editor's lawsuit claiming she was fired and replaced with younger workers for requesting to work from home because of arthritis, a Pennsylvania federal judge ruled, finding her allegations were detailed enough to move forward.

  • May 31, 2024

    NY Forecast: Judge Considers IATSE Movie Pay Dispute

    This week, a New York federal judge will hear arguments over the International Alliance of Theatrical Stage Employees' attempt to force a film production company to make wage and benefits payments the union claims it has not made as required under an arbitration award.

  • May 31, 2024

    Former Allstate Lawyer Settles Disability Bias Suit

    A former in-house lawyer at insurance giant Allstate has agreed to settle his dispute with the company alleging he was wrongfully fired because his doctor said he could no longer work on trials because of heart issues.

  • May 31, 2024

    Complaints About BC Tennis Coach Led To Firing, Suit Says

    A former assistant women's tennis coach at Boston College says the head coach of the program "set out on a campaign to undermine and alienate" her out of professional jealousy and gender bias, alleging she was fired in retaliation after complaining to administrators.

  • May 31, 2024

    Store Applicant Wants Pay Range Case In State Court ASAP

    A job applicant told a Washington federal judge not to grant retailer Aaron's bid to appeal to the Ninth Circuit his case accusing it of violating a state requirement to include pay ranges in job advertisements, saying it contradicts the company's claim the suit shouldn't be in federal court.

  • May 31, 2024

    Ex-Penn State Football Team Doc Wins $5.25M Retaliation Suit

    A Pennsylvania jury awarded $5.25 million to a former doctor for the Pennsylvania State University football team who claimed he was fired for reporting that head coach James Franklin pressured him to push student-athletes back onto the field before they were ready, according to a verdict sheet made public Friday.

  • May 31, 2024

    DC Delegate Floats Bill To Create Sexual Harassment Panel

    U.S. Del. Eleanor Holmes Norton of the District of Columbia has introduced a bill that would create a national commission to study workplace sexual harassment and recommend changes to lawmakers and regulators. 

  • May 31, 2024

    Calif. Forecast: State Justices To Hear 'Sovereignty' Args

    In the coming week, attorneys should watch for oral arguments at the California Supreme Court regarding whether all public entities are exempt from certain state labor law wage requirements. Here's a look at that case and other labor and employment matters coming up in California.

  • May 31, 2024

    IBEW Exits Fired Utility Worker's Sexual Harassment Suit

    A Tennessee federal judge cut the International Brotherhood of Electrical Workers loose from a fired employee's suit claiming her union stood by while her supervisor sexually harassed her, rejecting arguments from the Memphis utility she worked for that it was unfair to let the IBEW out of the case.

  • May 31, 2024

    EEOC, Hotel Co. Resolve Suit Over Missing Demographic Data

    The U.S. Equal Employment Opportunity Commission and a Florida hospitality company told a federal court they've agreed to resolve the agency's lawsuit alleging the company neglected to report demographic information about its employees.

  • May 30, 2024

    Army Vet Again Files Retaliation Suit Against Casino Owners

    A disabled U.S. Army veteran and former table games dealer has again filed suit against Harrah's Casino and its parent company, Caesar's Entertainment, claiming his employment was wrongfully terminated after he requested time off to deal with the aftermath of a fire alarm that triggered his post-traumatic stress disorder.

  • May 30, 2024

    Chamber Backs Home Depot In BLM Slogan Row At 8th Circ.

    The U.S. Chamber of Commerce backed Home Depot's challenge of a National Labor Relations Board decision finding the retailer illegally told a worker to remove a Black Lives Matter slogan on their apron, telling the Eighth Circuit that the board hadn't shown a connection between individual and group actions.

Expert Analysis

  • An Employer's Guide To EEOC Draft Harassment Guidance

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • 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.