Discrimination

  • January 26, 2023

    6th Circ. Vexed By Ex-Smuckers Workers' COVID-19 Vax Suit

    A Sixth Circuit panel on Thursday questioned why a lawsuit alleging that J.M. Smucker Co. violated the constitutional rights of workers who were denied religious exemptions from its COVID-19 vaccine mandate targeted just the company and not the Biden administration, given that the employees likened the company officials to "state actors."

  • January 26, 2023

    Video Producer Asks 11th Circ. To Revive Wrongful Firing Suit

    A South Florida video producer urged the Eleventh Circuit on Thursday to revive her suit against her former employer BrandStar Studios Inc., arguing the lower court should have let a jury hear her claims that BrandStar violated the Americans with Disabilities Act and the Family and Medical Leave Act when it fired her while she was caring for her sick father. 

  • January 26, 2023

    Feds Hit Wisconsin Military Affairs Dept. With Pay Bias Suit

    The U.S. Department of Justice on Thursday accused the Wisconsin Department of Military Affairs of offering a female job applicant a lower salary than what men were paid for the same position, asserting it violated federal civil rights law.

  • January 26, 2023

    GlaxoSmithKline Biased Against Older Workers, Chemist Says

    GlaxoSmithKline LLC discriminated against older employees by systematically firing seven medicinal chemistry workers over the age of 50 while keeping "substantially" younger employees, according to a new lawsuit.

  • January 26, 2023

    Chicago Teacher Can Continue Race Bias Litigation

    A Chicago teacher can continue litigating her discrimination claims against her former union, the city's Board of Education and a school administrator, an Illinois federal judge ruled, dismissing the union's bid to toss her amended suit. 

  • January 26, 2023

    2nd Circ. Mulls Whether One Peer Can Sustain Pay Bias Suit

    A Second Circuit panel on Thursday dissected the U.S. Equal Employment Opportunity Commission's argument that a single example of a higher-paid worker of the opposite sex is enough for a viable Equal Pay Act claim, appearing open to the position but parsing whether it should apply across the board.

  • January 26, 2023

    How A 4th Circ. Decision Hints At Equal Pay Battles To Come

    A recent Fourth Circuit decision shows how battles over what constitutes substantially similar or substantially equal work and over the validity of pay history as a justification for pay differences will dominate the courts in years to come, attorneys say.

  • January 26, 2023

    AstraZeneca Sales Reps See Pay Bias Suit Axed, For Now

    Three female AstraZeneca sales representatives didn't deliver enough facts to support their claims that the company paid them less than men, an Illinois federal judge ruled in dismissing their suit.

  • January 26, 2023

    London Fischer Settles Ex-Atty's Terminal Cancer Firing Suit

    A former London Fischer LLP attorney has settled an Americans with Disabilities Act suit brought in New York federal court after alleging the firm fired him upon learning he had been diagnosed with an incurable cancer.

  • January 26, 2023

    Hawkins Parnell Appoints New Labor & Employment Chair

    Hawkins Parnell & Young LLP announced Thursday that it has chosen one of its longtime partners to become chair of its labor and employment practice group.

  • January 26, 2023

    4th Circ. Seems Poised To Back UPS In ADA Suit

    A Fourth Circuit panel Thursday appeared inclined to uphold a win for UPS in a disability discrimination lawsuit filed by a driver, indicating that it bought the delivery giant's arguments that the driver's request for a smaller truck wasn't a reasonable accommodation.

  • January 26, 2023

    Walmart Broke OT, Equal Pay, FMLA Laws, Ex-Managers Say

    Seven former Walmart managers in Georgia and Florida accused the company of denying them overtime pay in a federal lawsuit, which also includes claims that a woman was discriminated against because of her sex and that the company fired a manager after he took medical leave.

  • January 25, 2023

    Ex-Fox News Staffer Sues Under Sex Assault Lookback Law

    Fox News was hit in New York state court Wednesday with another sexual harassment lawsuit from an ex-employee, this time from a onetime booking director who accused the company of inaction when the late executive Roger Ailes repeatedly sexually assaulted and filmed her so he could threaten blackmail.

  • January 25, 2023

    NC Trans Care Exclusion Draws Tough Questions At 4th Circ.

    A Fourth Circuit panel on Wednesday seemed skeptical of a North Carolina state health plan's efforts to reverse an order blocking it from refusing to cover treatments related to gender dysphoria and gender transition, appearing inclined to back the decision finding that the exclusion was discriminatory.

  • January 25, 2023

    Nurse Fired After Reporting Racist Remark, 11th Circ. Told

    An attorney representing a Florida nurse who complained of a supervisor saying to her face that "Blacks are lazy" told the Eleventh Circuit on Wednesday the remark was discriminatory and that she was allegedly wrongly fired, despite a lower court ruling that found in favor of her former employer.

  • January 25, 2023

    District Can Fire Teacher Over Tweets, Texas Panel Says

    A Texas school district can fire a teacher over social media posts directed at former President Donald J. Trump that targeted students over their immigration status and ethnicity, a Lone Star State appeals court ruled Wednesday.

  • January 25, 2023

    8th Circ. Reinstates Age, Sex Bias Suit Against Oil Co.

    The Eighth Circuit ruled Wednesday that a trial court erred by tossing a 55-year-old worker's suit accusing an energy company of unlawfully letting her go after it acquired the company she worked for, saying the question of whether a reduction in force occurred had to be answered.

  • January 25, 2023

    22 Republicans Appointed To House Employment Committee

    U.S. House Committee on Education and Workforce Chair Rep. Virginia Foxx, R-North Carolina, on Wednesday appointed 22 Republicans to the committee.

  • January 25, 2023

    Bristol Myers Settles Workers' Vax Exemption Claims

    Two fired workers told a New York federal court they had reached an agreement with Bristol Myers Squibb to drop out of a proposed class action accusing the drugmaker of violating federal law by denying religious exemptions to its COVID-19 vaccination mandate.

  • January 25, 2023

    Constangy Brooks Taps Longtime Atty To Lead Macon Post

    Employment and labor law firm Constangy Brooks Smith & Prophete LLP has named a longtime equity partner to lead its Macon, Georgia, office as managing partner.

  • January 25, 2023

    Miller & Martin Names New Litigation And Labor Members

    Miller & Martin PLLC promoted a corporate litigation attorney and a labor and employment attorney to the membership, the Tennessee-based firm announced.

  • January 25, 2023

    Polsinelli's New Labor Head Shares Vision For Global Practice

    Harry D. Jones is preparing to lead Polsinelli PC's international labor and employment group with a philosophy that helping companies navigate work-related issues around the globe means connecting them to specialist attorneys with a nuanced understanding of how the law, business and culture intersect in different nations.

  • January 25, 2023

    NJ State Bar, Black Staffer Agree To End Race Bias Suit

    A Black staff member for the New Jersey State Bar Association who alleged she was passed over for a salary hike and promotion in favor of a less qualified white candidate has agreed to end her claims, according to a joint stipulation of dismissal filed in New Jersey state court.

  • January 25, 2023

    Bressler Amery Adds 8 Attys Across 3 States

    Bressler Amery & Ross PC has added a labor and employment litigation partner in Birmingham, as well as seven other attorneys in Alabama, New Jersey and Florida and a new managing director of operations.

  • January 25, 2023

    3rd Circ. Won't Revive Energy Co. Worker's Retaliation Suit

    The Third Circuit refused to reinstate a former energy company worker's retaliation lawsuit against his employer, saying too much time elapsed between his allegation that a co-worker had inappropriately touched him and his firing to suggest a connection.

Expert Analysis

  • Preparing For An Era Of Regulated Artificial Intelligence

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    In light of developing regulatory activity aimed at governing the use of artificial intelligence, companies should implement best practices that focus on the fundamental principles that are driving regulators' actions, say attorneys at Troutman Pepper.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

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    In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2022

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

  • 5 Recruiting Trends Shaping Employment Law's New Frontier

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    As remote recruiting comes under more legal scrutiny at the state and local level, U.S. employers should mitigate risk by practicing pay transparency, developing compliant background check processes, training managers on proper data storage, and more, say Jessica Shpall Rosen and Kevin Doherty at Greenwald Doherty.

  • What We Learned From 2022's Top FCRA Developments

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    Significant Fair Credit Reporting Act activity in 2022 — from Article III standing decisions to regulatory guidance for consumer reporting agencies and furnishers — will provide crucial direction to industry, courts and litigants in 2023, say attorneys at Troutman Pepper.

  • Insights On New Protections For Pregnant, Nursing Workers

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    Amy Epstein Gluck at FisherBroyles discusses how the recently enacted Pregnant Workers Fairness and PUMP Acts build on protections for pregnant and nursing workers that are not provided by existing anti-discrimination laws, and explains next steps for employer compliance.

  • NY Adult Survivors Act Look-Back: What Orgs Must Know

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    With the look-back window for New York's Adult Survivors Act now open, survivors of past sexual abuse have a new opportunity to file civil claims — so organizations that could face litigation should take specific steps to ensure best practices both before and after lawsuits arise, say Michael Appelbaum and Christina Holdsworth at Goldberg Segalla.

  • How To Navigate New State Pay Transparency Laws In 2023

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    A recent wave of state pay transparency laws has confused many employers about how to recruit across state lines, so companies may consider overhauling recruiting practices, standardizing job postings and including hourly wage or salary ranges for all positions, say Sara Higgins and Michael Ryan at Foley & Lardner.

  • Key Calif. Law Changes Employers Should Know This Year

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    With many of the California employment laws passed last year already in effect, now is the time for companies to update their handbooks and policies regarding off-work cannabis use, reproductive health protections, pay data reporting and more, say Lisa Reimbold and Monique Eginli at Clark Hill.

  • The Top FMLA And ADA Lessons Of 2022: Part 2

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    Attorneys at Dechert dissect several significant Americans with Disabilities Act decisions handed down by U.S. circuit courts in 2022 to clarify when employers are obliged to provide reasonable accommodations and offer tips for staying compliant with recent interpretations of the ADA.

  • The Top FMLA And ADA Lessons Of 2022: Part 1

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    Attorneys at Dechert review lessons from the biggest Family and Medical Leave Act and Americans with Disabilities Act opinions of 2022 to help employers develop clear employee call-in policies, determine remote worker FMLA eligibility and tackle fraudulent use of leave while staying compliant with these complicated statutes.

  • What Employers Must Know About Speak Out Act Compliance

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    The recently enacted Speak Out Act prohibits predispute employment contracts from including nondisclosure and nondisparagement clauses related to sexual harassment and assault, so employers may want to check their agreements for overly broad language, as well as compliance with more-expansive state laws, says Joe Hatley at Spencer Fane.

  • Top 10 Employer Resolutions For 2023

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    A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.