Discrimination

  • January 26, 2022

    Aramark Must Face Sex Bias Suit From Former Exec.

    A Pennsylvania federal court rejected food service company Aramark's bid to throw out a longtime executive's suit claiming her gender got her fired, ruling that her claims that she had to work in a sexist "boys club" atmosphere at the Philadelphia Phillies ballpark should go to trial.

  • January 26, 2022

    Atty's Parental Leave Row Fit For Arbitration, 1st Circ. Says

    The First Circuit on Wednesday refused to revive an attorney's sex discrimination lawsuit claiming he was fired for taking parental leave, adopting a Boston federal judge's explanation that a hiring letter mandated arbitration.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    Marilyn Manson Says Ex-Assistant's Sex Assault Suit Barred

    Marilyn Manson urged a Los Angeles judge on Wednesday to toss a suit from his former assistant accusing the rock star of sexual assault, battery and harassment in a lawsuit, saying the decade-old allegations are barred by statutes of limitations.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    Buchalter Welcomes 4 New Attorneys In Sacramento

    Buchalter PC has added four attorneys to its Sacramento office, a team of three trusts and estates attorneys from Murphy Austin Adams Schoenfeld LLP and a labor and employment attorney who was previously general counsel at a construction materials firm.  

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

  • January 26, 2022

    Justice Breyer To Retire From High Court

    Justice Stephen Breyer, one of the longest-serving liberal members of the U.S. Supreme Court, will resign his post after more than 27 years on the bench.

  • January 26, 2022

    Wis. School District Paid Female Workers Less, EEOC Says

    A Wisconsin school district paid 10 female employees less than two male employees despite performing the same job and having comparable experience, the U.S. Equal Employment Opportunity Commission said in a complaint filed in federal court.

  • January 25, 2022

    NY Court Reporters Challenge Courthouse Vax Mandate

    The New York State Unified Court System "disparaged and rejected" the religious beliefs of court employees when it denied their exemption requests from the system's COVID-19 vaccination requirement, a group of court reporters alleged Tuesday in a federal lawsuit. 

  • January 25, 2022

    NY's Mask Mandate Back In Force After Appellate Stay

    A New York appellate judge on Tuesday reinstated the state's mask mandate just a day after a lower court blocked the measure, agreeing with state officials that the mandate should stay in place while the matter is being appealed.

  • January 25, 2022

    EEOC, Walmart Urge High Court To Skip Religious Bias Appeal

    The U.S. Equal Employment Opportunity Commission and Walmart joined forces to ask the U.S. Supreme Court not to review the Seventh Circuit's ruling that a religious job applicant — on whose behalf the EEOC litigated a bias suit — waited too long to strike out on his own as a party.

  • January 25, 2022

    How Vaccine Mandates Impact Employment Insurance Policies

    The U.S. Supreme Court recently blocked the Biden administration's vaccine mandates for large employers, but mandates by local governments and companies themselves could still lead to increased exposure for employers' employment practices liability insurance carriers, experts say.

  • January 25, 2022

    Va. Insurance Co. Agrees To Settle Hiring Bias Claims

    A Virginia insurance company agreed to a civil penalty and to submit to federal monitoring to end allegations that it refused to consider or hire qualified green card holders for open positions, according to the U.S. Department of Justice.

  • January 25, 2022

    Billionaire Calls Wigdor LLP Sanctions Bid 'Baseless'

    Billionaire Leon Black fired back at a bid for sanctions from a law firm he accused of extorting him by representing a woman who claimed he sexually assaulted her, dropping racketeering claims against Wigdor LLP but saying his lawsuit was a sensible reaction to the accusations.

  • January 25, 2022

    AT&T Unit Forced Out Black Worker Over Pay Spat, Suit Says

    A black former saleswoman sued an AT&T division in Tennessee federal court claiming a hostile manager gave her flak and forced her to quit after she returned from medical leave and asked for back pay.

  • January 25, 2022

    Amtrak Seeks To Toss Union Workers' Race Bias Suit

    Amtrak told a D.C. federal judge that a racial discrimination suit from hundreds of union-represented employees and job applicants should be dismissed because the complaint has "glaring pleading deficiencies," and the claims first made in a separate suit more than 20 years ago are time-barred.

  • January 25, 2022

    4 Times Big-Dollar Discrimination Verdicts Got Slashed

    As a California federal judge mulls whether to reduce what he called an "extremely high" $137 million win for a Black worker who brought a race bias suit against Tesla, Law360 looks back at four recent examples of judges slicing multimillion-dollar discrimination awards.

  • January 25, 2022

    Ex-NFLers, Wives Back Race-Norming Deal, But With Caveats

    A group of roughly 75 former NFL players and spouses joined a letter urging the federal judge overseeing the NFL concussion settlement to approve an agreement to end the controversial use of race-norming to assess settlement payouts, while saying many players felt "burned" by the issue and that "deep concerns remain."

  • January 25, 2022

    PNC Gets Early Win Over Nursing Mom's Discrimination Suit

    A Pennsylvania federal judge on Tuesday granted PNC Financial Services Group's bid for an early win over a former employee's claims that it failed to accommodate her need to pump breast milk, holding that the alleged harassment was neither objectively severe nor pervasive enough to constitute a hostile work environment.

  • January 25, 2022

    3rd Circ. Tackles Religious Accommodations For Mail Carrier

    The Third Circuit on Tuesday wrestled with how to balance the needs of an employer with shifts to cover and a worker whose religious beliefs limited his availability, as a Christian, former mail carrier sought to revive his workplace bias lawsuit against U.S. Postmaster General Louis DeJoy.

  • January 25, 2022

    6th Circ. Revives Age Bias Suit Against Insurance Co.

    A split Sixth Circuit panel revived a former employee's lawsuit claiming an Ohio Farmers Insurance Co. subsidiary discriminated against him by not hiring him for a remote role following a cross-country move, citing his allegations that managers made comments about his age.

  • January 25, 2022

    Ex-Chase Worker's Gay Bias Suit Heads To Arbitration

    A former JPMorgan Chase Bank worker who claimed he was fired for being gay after a former romantic partner emailed nude photos of him to his supervisor told an Ohio federal court he would hash out his dispute with the financial services giant in arbitration.

  • January 25, 2022

    Employment Group Of The Year: Seyfarth

    Employment attorneys at Seyfarth Shaw LLP notched several wins in recent months, including a Ninth Circuit ruling that clarified when a joint employer can force workers into arbitration and a settlement that ended a class action against Jimmy John's that threatened its franchise business model, earning the firm a place as one of Law360's 2021 Practice Groups of the Year.

  • January 25, 2022

    Mass. Labor Atty Suing Uber, Whole Foods Launches AG Bid

    A prominent Massachusetts labor attorney who's served workers-rights complaints on Whole Foods, Starbucks, Uber, Lyft and FedEx announced Tuesday she's running to be the Bay State's next attorney general.

Expert Analysis

  • 10 DOL Policy And Enforcement Priorities To Expect In 2022

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    This year, it’s likely the U.S. Department of Labor will approach policy and enforcement aggressively, with a focus on issues like employee classification, overtime exemption, Employee Retirement Income Security Act fiduciary duties, and more, say Timothy Taylor and Tessa Tilton at Holland & Knight.

  • Mass. At-Will Termination Gets Complex For Employers

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    The Massachusetts Supreme Judicial Court's recent decision in Meehan v. Medical Information Technology protects at-will employees from termination when they respond to legitimate performance critiques from supervisors in an intemperate and contentious manner, making a no-brainer firing decision much more fraught, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • Regulation Of AI Hiring Tools Is A Work In Progress

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    As the U.S. Equal Employment Opportunity Commission works on guidance for the use of artificial intelligence in hiring and states try to fill in the gaps via legislation, employees and applicants continue to lack the necessary awareness to challenge discrimination caused by these technologies, say Christine Webber and Samantha Gerleman at Cohen Milstein.

  • Avoiding The Most Common Employee-Termination Mistake

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    The recent surprising firing of an NFL head coach brings awareness to the importance of the termination process, making it a good time to consider how managers can ensure an employee isn’t blindsided when terminated for performance issues, which reduces the likelihood that the employee will cry foul, says Kenneth Winkler at Berman Fink.

  • Employer's Agenda: Toyota Counsel Talks Worker Retention

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    Michael Martinez, managing counsel for labor and employment at Toyota Motor North America, discusses how companies and in-house counsel can address the pandemic-related labor shortage, and avoid common pitfalls when implementing wage increases, remote work setups and other well-meaning efforts to attract new workers.

  • What Workplace Class Settlement Trends Mean For 2022

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    2021 saw the value of workplace class action settlements reach an all-time high, and employers should prepare for an increasingly challenging legal environment in the coming year, with more class litigation and higher settlement demands as a determined plaintiffs bar, a pro-labor White House and an ongoing pandemic pave the way for fresh pressures, say Gerald Maatman and Jennifer Riley at Seyfarth.

  • Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

  • What High Court Rulings Mean For Employer Vax Mandates

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    While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

  • Workplace AI Raises Issues Only Legislators Can Address

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    The U.S. Equal Employment Opportunity Commission recently announced plans to study the use of AI in hiring decisions, but the trade-off between accuracy and disproportionate outcomes for protected classes can only be addressed by legislatures, not courts or administrative agencies, says Stephen Fink at Holland & Knight.

  • Settling Bias Claims: Q&A With Lewis Brisbois' Brian Pete

    Excerpt from Practical Guidance
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    Lewis Brisbois partner Brian Pete answers questions from Elias Kahn at LexisNexis about trends in executing settlement and severance agreements for employment discrimination, harassment and retaliation claims.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Top 10 Employer Resolutions For 2022: Part 2

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy continue their discussion of employer priorities for the new year, including plans to mitigate discrimination claims from remote workers, ensure LGBTQ inclusion, adapt vacation policies and more.

  • Top 10 Employer Resolutions For 2022: Part 1

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy discuss how a constantly changing employment law landscape — especially concerning COVID-19 issues — requires employer flexibility when addressing priorities for the new year.