Discrimination

  • April 12, 2024

    NY Forecast: 2nd Circ. Hears Tech Co. Retaliation Suit

    This week, the Second Circuit will consider a former marketing manager's lawsuit claiming that the head of the technology company where she worked sexually harassed her and that she was fired after she refused his advances. Here, Law360 explores this and other cases on the docket in New York.

  • April 12, 2024

    Off-Road Vehicle Dealer Strikes Deal In EEOC Sex Bias Suit

    A motor sports retailer will settle a U.S. Equal Employment Opportunity Commission suit alleging it told a female sales manager her role was being scrapped and fired her, only to replace her with a less-experienced man, according to a filing in Oklahoma federal court.

  • April 11, 2024

    4th Circ. Backs Navy's Win In Black Employee's Bias Case

    The Fourth Circuit refused to upend the U.S. Navy's defeat of a Black civilian employee's lawsuit alleging he lost a promotion because he'd complained about being treated worse than white colleagues, finding Thursday he failed to overcome the government's reasoning that another candidate had better qualifications.

  • April 11, 2024

    Split 6th Circ. Upends Jail Worker's $1.5M Win In USERRA Suit

    A split Sixth Circuit panel on Thursday overturned a former county jail employee's $1.5 million jury trial win in his lawsuit alleging he was wrongly accused of taking invalid military leave and then fired, despite a dissent calling the majority's finding that he waived his right to sue "deplorable."

  • April 11, 2024

    Jewish Attys Sue Union Over Dues After Pro-Palestine Stance

    A public defenders union violated the First Amendment by forcing two Jewish attorneys who oppose its pro-Palestine rhetoric to continue paying dues, the New York City-based attorneys claimed in a federal lawsuit filed Thursday, naming the city and their employer as defendants as well.

  • April 11, 2024

    Full 8th Circ. Hears Ark. Bid To Revive Youth Trans Care Ban

    An en banc panel of the Eighth Circuit weighing whether to revive an Arkansas state law that banned gender-affirming care for children and teens heard oral arguments Thursday, as Arkansas officials sought to demonstrate that the law does not unconstitutionally discriminate based on sex.

  • April 11, 2024

    2nd Circ. Rules Flores Can't Block NFL's Arbitration Challenge

    The Second Circuit on Thursday handed the NFL a win in its effort to overturn a decision that kept former Miami Dolphins head coach Brian Flores' racial discrimination lawsuit out of arbitration, ruling Flores cannot cross-appeal the NFL's appeal of a lower court decision leaving the suit in federal court.

  • April 11, 2024

    Black Workers, Fish Farm Settle Claims Of Migrant Hiring Bias

    Black farmers and a Mississippi-based fish farm have agreed to settle claims that the farm pushed out the U.S. citizen farmers in favor of Mexican migrant workers, they announced to a Mississippi federal court on Thursday.

  • April 11, 2024

    Supermarket Chain Settles Fired Manager's Sex Bias Suit

    A supermarket chain will pay a former store manager $25,000 to shutter her New York federal court suit claiming she was paid less than her male counterparts, and she was fired after complaining that her male supervisor favored those male colleagues, according to a Thursday filing.

  • April 11, 2024

    Texas Staffing Co. Settles Noncitizen Bias Claims

    A Texas staffing company settled the federal government's claims that it discriminated against a man by requiring he show his green card to prove he can work in the U.S., the U.S. Department of Justice announced Thursday.

  • April 11, 2024

    Ex-COO Sues NJ Law Firm, Claiming Sexual Harassment

    The former chief operating officer of New Jersey personal injury giant Garces Grabler & LeBrocq PC sued the firm Wednesday for sexual harassment and discrimination, alleging firm leaders unfairly impeded her from doing her job and made lewd comments about her.

  • April 11, 2024

    Ex-NFL Players Near Settlement In Race-Norming Benefits Suit

    Two former players whose lawsuit accuses the NFL's disability benefit plans of awarding them lower benefits because they are Black told a Maryland federal court they have had "productive" meetings with the defendants and are near a settlement proposal.

  • April 11, 2024

    Tech Co. To Pay Ex-Worker $7K To End Anxiety Firing Suit

    A computer and cellphone accessory manufacturer will pay nearly $7,000 to end a former worker's suit alleging unpaid overtime as well as a failure to accommodate her extreme anxiety, a Georgia federal judge ordered Thursday, approving the deal.

  • April 11, 2024

    Eye Care Company Settles EEOC Sex Harassment Probe

    A Colorado-based eye care company struck a deal with the U.S. Equal Employment Opportunity Commission to end an agency investigation into allegations that the company's owner sexually harassed an employee until that employee quit, the EEOC said Thursday.

  • April 11, 2024

    Ex-Ellenoff Grossman Atty Faces Possible Firing Suit Remand

    A former Ellenoff Grossman & Schole LLP associate's suit saying she was fired for protesting sexual harassment should return to state court, a New York federal judge recommended, saying the federal court can't enforce arbitration pacts invalidated by a 2022 amendment to the Federal Arbitration Act.

  • April 11, 2024

    United Airlines Defeats Religious Bias Suit Over Vax Mandate

    United Airlines workers failed to furnish "basic factual details" to back up their case alleging the airline discriminated against employees for their religious beliefs by requiring a COVID-19 vaccination, an Illinois federal judge said, tossing the suit.

  • April 11, 2024

    Apple Must Face Former Executive's Trimmed Age Bias Suit

    A California federal judge narrowed a former Apple executive's suit alleging his age led the company to withhold bonuses, though the suit stands, as the judge said it sufficiently showed a contract was breached when the company did not pay a hefty stock retention bonus.

  • April 10, 2024

    Disney Defends Right To Fire 'Star Wars' Actor Over X Posts

    The Walt Disney Co. and Lucasfilm Ltd. asked a California federal judge to toss Gina Carano's claims that she was unlawfully fired from "The Mandalorian" for her social media posts, arguing they have a constitutional right as artistic creators to decide which actors to employ to express their artistic messages.

  • April 10, 2024

    Marshalls Failed to Stop Sex Harassment, Cashier Says

    A Marshalls cashier said in a suit filed in New York federal court Wednesday that the company failed to step in when she complained that a male co-worker sexually harassed her and other customers, and instead moved her into more physically demanding jobs out of retaliation.

  • April 10, 2024

    Littler Adds Shareholder With Gov. Background To Wis. Office

    Littler Mendelson PC brought on a shareholder who beefed up his practice serving as acting chief legal counsel to former Wisconsin Gov. Scott Walker, a role that now informs his work defending employers undergoing government investigations.

  • April 10, 2024

    Wells Fargo Can't Bar Atty From Deposition, NC Judge Rules

    Wells Fargo lost its bid to stop the lawyer of a fired investment director, who is accusing the bank of disability discrimination, from questioning his former supervisor, with a North Carolina federal judge saying the bank fell short of showing that the attorney's previous representation of the supervisor was related in any way to the current action.

  • April 10, 2024

    Novant Wants Fired Exec's Atty Fees Cut After Trip To 4th Circ.

    An attorney representing a former Novant Health executive should receive about $140,000 after prevailing on claims that his client was fired for being white amid a diversity push, the healthcare network said, urging a North Carolina federal judge to reduce the ex-executive's request for about $152,000 in attorney fees.

  • April 10, 2024

    3rd Circ. Revives Retaliation Suit Against Pa. House GOP

    The Third Circuit breathed new life Wednesday into a former district office manager's lawsuit alleging she was fired by the Pennsylvania House Republican Caucus for reporting she had discovered mold in a state representative's office, finding she was acting outside her job duties when she spoke up.

  • April 10, 2024

    DOJ Sues School District For Denying Remote Work Request

    An Arkansas school district violated federal anti-discrimination law when it denied an asthmatic employee's request to switch to temporary telework during the early days of the COVID-19 pandemic, according to a lawsuit filed Tuesday by the U.S. Department of Justice.

  • April 10, 2024

    Ohio Appeals Court Remands AFSCME Reinstatement Row

    An Ohio appeals court sent back to a lower court an arbitration award dispute over a township's claim that a maintenance worker "abandoned his position," finding Wednesday that an arbitrator did had the power under a labor contract to order reinstatement and make the employee whole.

Expert Analysis

  • 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.

  • Texas Hair Bias Ruling Does Not Give Employers A Pass

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    A Texas state court’s recent decision, holding that a school could discipline a student with locs for refusing to cut his hair, should not be interpreted by employers as a license to implement potentially discriminatory grooming policies, says Dawn Holiday at Jackson Walker.

  • Broadway Ruling Puts Discrimination Claims In The Limelight

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    A New York federal court's recent decision in Moore v. Hadestown Broadway that the employers' choice to replace a Black actor with a white actor was shielded by the First Amendment is the latest in a handful of rulings zealously protecting hiring decisions in casting, say Anthony Oncidi and Dixie Morrison at Proskauer.

  • Breaking Down California's New Workplace Violence Law

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    Ilana Morady and Patrick Joyce at Seyfarth discuss several aspects of a new California law that requires employers to create and implement workplace violence prevention plans, including who is covered and the recordkeeping and training requirements that must be in place before the law goes into effect on July 1.

  • Studying NY, NJ Case Law On Employee Social Media Rights

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    While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • What Texas Employers Should Know After PWFA Ruling

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    After a Texas federal judge recently enjoined federal agencies from enforcing the Pregnant Workers Fairness Act against the state of Texas, all employers must still remain sensitive to local, state and federal protections for pregnant workers, and proactive in their approach to pregnancy-related accommodations, says Maritza Sanchez at Phelps Dunbar.

  • AI In Performance Management: Mitigating Employer Risk

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    Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.