Discrimination

  • July 09, 2024

    EEOC Asks 11th Circ. To Upend Coal Co. Win In Race Bias Suit

    The U.S. Equal Employment Opportunity Commission urged the Eleventh Circuit on Tuesday to reinstate a lawsuit against a coal company brought by two Black former workers, saying they adequately showed that a white worker was subjected to more lenient standards than they were.

  • July 09, 2024

    Transportation Co. Fined Daily For Ignoring EEOC Subpoena

    A Minnesota federal judge hit a medical transportation company with a $100-a-day fine for failing to hand over information requested by the U.S. Equal Employment Opportunity Commission to aid its investigation into claims that the company underpaid a female driver out of bias.

  • July 09, 2024

    Ex-Uber Driver Urges 9th Circ. To Rehear Race Bias Suit

    An Asian former Uber driver is asking the Ninth Circuit to overturn a panel's June ruling finding he failed to support his allegations that the ride-hailing giant's rating system is racially biased, saying the court held him to too high of a standard.

  • July 09, 2024

    Ex-Worker Says She Was Assaulted By Fulton Court Staffer

    A former Fulton County Clerk of Superior and Magistrate Courts employee has filed a lawsuit against the clerk and county for allegedly protecting and enabling a senior staff member who she says sexually assaulted and harassed her.

  • July 09, 2024

    Jackson Lewis Snags Proskauer Atty In NYC Office

    Nationwide employment law firm Jackson Lewis PC announced Tuesday that it has hired a former Proskauer Rose LLP associate as a principal in its New York City office.

  • July 09, 2024

    Akamai Can't Arbitrate Saleswoman's Sex Harassment Suit

    A New York federal judge said Akamai Technologies can't arbitrate a senior account executive's claims that she endured years of sexual harassment and was hit with sexist sales quotas, ruling that her sexual misconduct claims shield the entire case from arbitration under the Ending Forced Arbitration Act.

  • July 09, 2024

    Weinstein May Face Nov. Retrial As DA Vets New Rape Claims

    Manhattan prosecutors Tuesday said November is a "realistic" date for Harvey Weinstein's retrial on rape charges as they continue to investigate new claims that the disgraced Hollywood producer assaulted other women, saying they expect to seek a superseding indictment by late September.

  • July 09, 2024

    Alaska Senators Condemn District Judge After Resignation

    Alaska's two Republican senators reprimanded the federal judge from their state who was found by a special committee to have created a hostile work environment and had an "inappropriately sexualized relationship" with one of his clerks, and has resigned.

  • July 09, 2024

    Biz Groups, Nonprofits Back EEOC Harassment Guidelines

    Several business groups and nonprofits urged a Tennessee federal court to reject a bid from a coalition of Republican state attorneys general to block new guidance from the U.S. Equal Employment Opportunity Commission, saying the agency's guidelines are necessary for safeguarding LGBTQ+ individuals from workplace harassment.

  • July 09, 2024

    UNC Health Worker's Age Bias Mediation Ends In Stalemate

    The University of North Carolina Health Care System and a former supply chain manager have reached an impasse trying to resolve his age discrimination claims outside of court, according to a mediator's recent report.

  • July 08, 2024

    Fintech Co. Current Can't Stop Ex-GC's Depo In Bias Case

    Fintech company Current must allow the deposition of its former general counsel in a suit claiming it fostered a discriminatory work culture, a New York federal magistrate judge has ruled though the judge limited the deposition to focus on discrimination the general counsel may have personally experienced or witnessed.

  • July 08, 2024

    Polsinelli Adds Prominent Employment Attys To Calif. Offices

    Polsinelli LLP has added a pair of experienced labor and employment attorneys to its Los Angeles and San Francisco offices, bolstering the firm's wage-and-hour and general employment practice in the Golden State, according to an announcement made Monday.

  • July 08, 2024

    UPS Beats 'Old Boys' Club' Gender Bias Suit For Good

    United Parcel Service Inc. scored a pretrial win Monday in a lawsuit claiming it passed over women for promotions and gave men better pay and working conditions after a California federal judge ruled that the three plaintiffs hadn't done enough to show the shipping company discriminated against them.

  • July 08, 2024

    Biggest Michigan Decisions Of 2024: A Midyear Report

    Michigan's appellate courts started off the year with notable labor and no-fault insurance opinions, allowing retaliation claims from a whistleblower's friends who didn't make any complaints themselves, and clarifying confusing auto insurance coverage changes after legislative reforms. Here is a look at some of the biggest decisions in Michigan so far this year.

  • July 08, 2024

    State Pay Equity Laws May Ease Path For EEOC Salary Survey

    While the U.S. Equal Employment Opportunity Commission's first attempt to collect salary details from employers faced strong headwinds, experts said the proliferation of state-level pay transparency mandates may make a fresh wage data collection effort an easier lift for businesses.

  • July 08, 2024

    World Economic Forum Illegally Fired Black Worker, Suit Says

    The World Economic Forum fired a Black employee the day she returned from maternity leave and replaced her with a white worker who wasn't pregnant, even though she was told her position had been eliminated, according to a suit filed Monday in New York federal court.

  • July 08, 2024

    American Airlines Faces New Claim In ADA Suit Over Firings

    An HIV-positive former flight attendant suing American Airlines over his firing for taking leaves has added as a plaintiff a fellow ex-attendant who claims she was terminated for taking time off to deal with health issues wrought by poor work conditions.

  • July 08, 2024

    Judge Rightly Axed Guard's Bias Claim, Union Tells 6th Circ.

    An Ohio federal judge properly dismissed a fired white female prison guard's claim that her union failed to fight as hard for her reinstatement as it did for the Black male guard fired alongside her, the union told the Sixth Circuit, saying her claims lack merit.

  • July 08, 2024

    Ohio Woman Says Clinic Fired Her Because Of Disabled Son

    A Cleveland-based kidney dialysis clinic allegedly fired a technician for telling it she might have to return to a less demanding work schedule to help treat her son's medical condition, according to a complaint filed Monday.

  • July 08, 2024

    11th Circ. Backs Orlando's Win In Worker's Race Bias Suit

    The Eleventh Circuit declined Monday to reinstate a race discrimination lawsuit a Black former employee brought against the city of Orlando, Florida, saying she failed to show that her firing and other actions she experienced were motivated by racial animus.

  • July 08, 2024

    11th Circ. Revives Fla. Worker's Retaliation Claim

    The Eleventh Circuit partially revived a retaliation suit brought by a Florida construction worker who claims he was harassed for being Cuban and unable to speak English and threatened and assaulted after reporting the behavior, before being fired by a company that said it found him sleeping on the job.

  • July 08, 2024

    K&L Gates Labor Atty Moves To Cozen O'Connor In Pittsburgh

    Cozen O'Connor expanded its Pittsburgh office this week with the addition of an attorney with nearly two decades of experience in labor and employment law, who moved his practice after more than five years with K&L Gates LLP.

  • July 08, 2024

    NFL Disputes Reporter's Racism, Retaliation Claims

    The NFL has pointedly denied allegations by journalist Jim Trotter that it ignored his concerns about discriminatory hiring and increased its focus on him and his work after he raised them, telling a New York federal judge Friday that it knew nothing of his interactions with supervisors about those concerns.

  • July 08, 2024

    Dollar General Settles EEOC Age Bias Suit Before Trial

    Dollar General has settled a U.S. Equal Employment Opportunity Commission suit alleging the discount store chain allowed a regional manager to harass older district managers, two weeks before the case was scheduled for trial, according to an Oklahoma federal court filing Monday.

  • July 08, 2024

    Hospital Must Face Ex-Worker's Religious Bias Suit

    An Oregon federal judge refused to release a hospital from a former employee's suit claiming she was fired because she objected to receiving a COVID-19 vaccine in light of her Christian beliefs, saying a jury is best suited to decide if there was bias when the company refused to accommodate her.

Expert Analysis

  • Navigating Harassment Complaints From Trans Employees

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    The Eleventh Circuit's recent decision in Copeland v. Georgia Department of Corrections, concerning the harassment of a transgender employee, should serve as a cautionary tale for employers, but there are steps that companies can take to create a more inclusive workplace and mitigate the risks of claims from transgender and nonbinary employees, say Patricia Konopka and Ann Thomas at Stinson.

  • Employer Considerations Before Title IX Rule Goes Into Effect

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    While the U.S. Department of Education's final rule on Title IX is currently published as an unofficial version, institutions and counsel should take immediate action to ensure they are prepared for the new requirements, including protections for LGBTQ+ and pregnant students and employees, before it takes effect in August, say Jeffrey Weimer and Cori Smith at Reed Smith.

  • 5 Employer Actions Now Risky After Justices' Title VII Ruling

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    Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.

  • Breaking Down EEOC's Final Rule To Implement The PWFA

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    Attorneys at Littler highlight some of the key provisions of the U.S. Equal Employment Opportunity Commission's final rule and interpretive guidance implementing the Pregnant Workers Fairness Act, which is expected to be effective June 18, and departures from the proposed rule issued in August 2023.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • Address Complainants Before They Become Whistleblowers

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    A New York federal court's dismissal of a whistleblower retaliation claim against HSBC Securities last month indicates that ignored complaints to management combined with financial incentives from regulators create the perfect conditions for a concerned and disgruntled employee to make the jump to federal whistleblower, say attorneys at Cooley.

  • Why Corporate DEI Challenges Increasingly Cite Section 1981

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    As legal challenges to corporate diversity, equity and inclusion initiatives increase in the wake of the U.S. Supreme Court's ruling on race-conscious college admissions last year, Section 1981 of the Civil Rights Act is supplanting Title VII as conservative activist groups' weapon of choice, say Mike Delikat and Tierra Piens at Orrick.

  • Inside OMB's Update On Race And Ethnicity Data Collection

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    The Office of Management and Budget's new guidelines for agency collection of data on race and ethnicity reflect societal changes and the concerns of certain demographics, but implementation may be significantly burdensome for agencies and employers, say Joanna Colosimo and Bill Osterndorf at DCI Consulting.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • The Shifting Landscape Of Physician Disciplinary Proceedings

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    Though hospitals have historically been able to terminate doctors' medical staff privileges without fear of court interference, recent case law has demonstrated that the tides are turning, especially when there is evidence of unlawful motivations, say Dylan Newton and Michael Horn at Archer & Greiner.

  • Anti-DEI Complaints Filed With EEOC Carry No Legal Weight

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    Recently filed complaints against several companies' diversity, equity and inclusion programs alleging unlawful discrimination against white people do not require a response from the U.S. Equal Employment Opportunity Commission, and should not stop employers from rooting out ongoing discriminatory practices, says former EEOC general counsel David Lopez.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • What Minority Biz Law Ruling Could Mean For Private DEI

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    A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.