Discrimination

  • January 04, 2023

    5th Circ. Reinstates Sex Bias Suit Against Construction Co.

    The Fifth Circuit revived a former construction worker's suit alleging she was harassed on the job and blocked from career advancement because she is a woman, ruling that a lower court improperly tackled factual disputes that should have gone to a jury.

  • January 03, 2023

    Washington Pay Transparency Law Takes Effect

    The state of Washington now requires employers to include salary and benefits information in all job postings, joining a bevy of other states seeking to increase pay transparency.

  • January 03, 2023

    5th Circ. Upholds Lumber Liquidators' Win In Race Bias Suit

    The Fifth Circuit affirmed a win Tuesday for Lumber Liquidators in a former assistant manager's bias suit claiming she was fired because she is Black, finding that the company put forward enough evidence to show it fired her for poor performance, not her race.

  • January 03, 2023

    Apple Atty Says She Was Fired For Reporting Death Threats

    A former director of patent litigation at Apple says she was fired months after publicly complaining about a "gun-toting colleague" at the company who allegedly abused her and then terrorized her with death threats. 

  • January 03, 2023

    Dollar General Can Appeal ADA Decision In EEOC Suit

    An Alabama federal judge said Tuesday that Dollar General can get the Eleventh Circuit's take on whether disability bias law bars job requirements that intentionally screen out candidates based on a medical exam, noting that district and circuit courts across the country are split on the issue.

  • January 03, 2023

    Southwest Seeks New Trial In Anti-Abortion Worker's Bias Suit

    Southwest Airlines Co. asked a Texas federal judge for a new trial after the court ordered the reinstatement of a worker who claimed she was fired for her anti-abortion views, with the airline arguing that the court didn't properly instruct the jury and that a religious accommodation "would have imposed an undue hardship."

  • January 03, 2023

    Divided 11th Circ. Upholds Transgender Bathroom Ban

    The full Eleventh Circuit upheld a Florida school board's policy requiring transgender students to use bathrooms that correspond to their assigned sex at birth, reversing decisions from a district court and two appellate panels that found the rule unconstitutional.

  • January 03, 2023

    Ex-Lab Manager Says Takeda Unit Allowed Bias, Retaliation

    A Hispanic former employee of a unit of Takeda Pharmaceutical Co. has accused it of discriminating against her during her time as a senior manager of laboratory operations, saying she was excluded from key meetings and fired for piping up about discriminatory disciplinary practices at the company.

  • January 03, 2023

    Littler Adds 2 Attorneys In San Francisco

    Littler Mendelson PC is starting the new year by expanding its San Francisco team, announcing Tuesday that it has added two attorneys — litigators from Buty & Curliano LLP and Roxborough Pomerance Nye & Adreani LLP.

  • January 03, 2023

    'Poorest' Atty Performance Triggers Ethics Referral

    After what he called "the poorest performance by an attorney" he has seen in a dozen years on the bench, a Chicago federal judge concluded that a plaintiffs lawyer with a history of "deficient representation" should face a disciplinary probe and potential disbarment from the district court.

  • January 03, 2023

    Federal Law Overrides Ex-UPS Driver's Unpaid Break Claim

    A Kansas federal judge tossed a former UPS driver's claim that the delivery service violated state wage law by failing to pay him for meal breaks, ruling that the claim falls under jurisdiction of federal law because it requires analysis of the worker's collective bargaining agreement.

  • January 03, 2023

    10th Circ. Says Fired Walmart Worker's Suit Is A Rehash

    A Tenth Circuit panel refused Tuesday to reinstate a former Walmart employee's lawsuit claiming the company unlawfully fired her for unexcused absences after denying her medical leave, saying her allegations already had been dealt with in a prior case.

  • January 03, 2023

    Ex-Law Firm Worker Settles Sex Harassment, Bias Claims

    A former worker who accused an office manager at Parnas & Associates PC of sexual harassment settled with the law firm and others for an undisclosed amount in New York federal court last week.

  • January 03, 2023

    Pa. Hotel Can't Trim Job-Seeker's Drug Discrimination Suit

    A Pennsylvania hotel can't duck potential punitive damages for a job applicant's claim that it discriminated against her by rejecting her after she disclosed that she was on a methadone treatment, a federal magistrate judge found.

  • January 03, 2023

    McDermott Accused Of Disability Bias In Firing Tech Trainer

    A former employee of McDermott Will & Emery LLP has accused the firm of disability discrimination for demanding that he return to in-person work despite his multiple sclerosis and firing him when he refused, according to a new lawsuit.

  • January 03, 2023

    Discrimination Attorneys Should Watch These Jan. Arguments

    The full Fifth Circuit will consider easing an employer-friendly rule governing bias claims and the Second Circuit will scrutinize nearly $160,000 in sanctions handed down against a nurse and her lawyer for fabricating evidence in a harassment case. Here, Law360 looks at five sets of oral arguments slated for this month that discrimination lawyers should have on their radar.

  • January 02, 2023

    Illinois Legislation To Watch In 2023

    Legislation taking effect this year in Illinois includes changes to leave law with which Prairie State employers should be ready to comply, which attorneys say reflects a growing trend to give employees more time off to deal with personal crises.

  • January 02, 2023

    4 EEOC Cases To Watch In 2023

    A groundbreaking U.S. Equal Employment Opportunity Commission suit challenging an automated hiring tool that allegedly screened out older applicants tops the list of agency suits discrimination lawyers will be keeping tabs on in the new year. Here, Law360 looks at four EEOC cases to watch in 2023.

  • January 02, 2023

    Discrimination Legislation And Regulations To Watch In 2023

    The U.S. Equal Employment Opportunity Commission may finalize long-stalled guidance on harassment and revisit hot-button topics like artificial intelligence and pay data, while Congress could tackle bills that would beef up protections for workers who have caregiving responsibilities. Here, Law360 looks at legislative and regulatory developments that discrimination lawyers should watch for in the new year.

  • January 02, 2023

    5 Cases Discrimination Lawyers Should Watch In 2023

    The U.S. Supreme Court will hand down decisions in closely watched cases on affirmative action in higher education and companies' ability to deny services to LGBTQ customers, plus trial is finally set to begin in a long-running sex bias class action against Goldman Sachs. Here, Law360 examines the battles that discrimination attorneys should have on their radar in the new year.

  • January 02, 2023

    Discrimination Cases Against Law Firms To Watch In 2023

    Jones Day, Davis Polk and Levi & Korsinsky are among the legal industry players embroiled in discrimination and harassment cases brought from within their ranks that will see major developments in the coming year. Here, Law360 looks at five ongoing employment suits against law firms worth keeping track of in 2023.

  • December 23, 2022

    Congress Sends $1.7T Spending Deal To Biden

    The U.S. House of Representatives voted 225-201 on Friday to pass a $1.7 trillion spending package funding the government through September and approving a number of last-minute policy agreements at the end of the congressional session.

  • December 22, 2022

    7th Circ. Backs Firefighters' Lobbying Retaliation Injunction

    The Seventh Circuit upheld a preliminary injunction rolling back an Indiana city's overhaul of its firefighters' schedules, with a majority of a three-judge panel backing a union's claim that the mayor engineered the change to punish the firefighters for lobbying the city council for raises.

  • December 22, 2022

    Anheuser-Busch Strikes Deal To End Worker's Retaliation Suit

    Anheuser-Busch has agreed to settle the remaining claims in a worker's retaliation lawsuit alleging she was stripped of her union steward duties after she complained of discrimination and filed a claim for workers' compensation, the parties said Thursday.

  • December 22, 2022

    ConEd, Former Worker Agree To End Bias Suits

    Consolidated Edison Co. and a former employee agreed Thursday to end two related suits, putting to rest a 6-year-old suit in New York federal court alleging the energy company engaged in retaliation and discrimination on the basis of race and gender.

Expert Analysis

  • Yale Deal Shows Pitfalls Of Penalty-Based Wellness Programs

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    Yale University’s recent settlement with workers who accused the school of violating anti-discrimination laws with its health expectation program highlights the risks associated with penalty- and incentive-based employer wellness programs, which may not be alleviated until the U.S. Equal Employment Opportunity Commission issues clarifying regulations, says Chad DeGroot at Laner Muchin.

  • Compliance Reminders For Workplace St. Patrick's Day Fun

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    As many employees head back to the office following two years of working remotely, companies aiming to boost morale with St. Patrick’s Day celebrations this week should share reminders about appropriate workplace attire and behavior, harassment reporting, and sick leave entitlements to foster a safe environment and protect against litigation, say Keith Markel and John Fulfree at Morrison Cohen.

  • ABA's New Anti-Bias Curriculum Rule Is Insufficient

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    The American Bar Association's recently approved requirement that law schools educate students on bias, cross-cultural competency and racism, while a step in the right direction, fails to publicly acknowledge and commit to eradicating the systemic racial inequality in our legal system, says criminal defense attorney Donna Mulvihill Fehrmann.

  • New Harassment Arbitration Ban Is Complicated In Practice

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    Though a new law prohibiting mandatory arbitration of workplace sexual harassment claims appears straightforward, its application may be uncertain if a complaint asserts additional claims, so employers should consider several ways of structuring their arbitration programs moving forward, says Jonathan Wetchler at Duane Morris.

  • Law Curbing Sexual Harassment Arbitration Is Not Enough

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    A recently enacted law that bans forced arbitration of workplace sexual assault and harassment claims is an important step for protecting American workers, but it falls short by failing to extend the prohibition to all employment-related disputes, say Kalpana Kotagal and Brendan Schneiderman at Cohen Milstein.

  • Navigating Return Of Calif. COVID-19 Supplemental Sick Leave

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    California employers must understand key similarities and important differences between a new law recently signed by Gov. Gavin Newsom that restores COVID-19-related benefits and the 2021 version of the legislation, and they should take several immediate steps to ensure compliance, say Sara Abarbanel and Krista Cabrera at Foley & Lardner.

  • Employer's Agenda: Allied Universal Counsel Talks Synergy

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    Compliance with continually evolving local, state and federal employment laws has become a central focus for in-house legal teams, which means regular communication and collaboration with departments like human resources, finance, IT and field operations are essential, says Deborah Pecci, global employment and litigation counsel at Allied Universal.

  • Employers Can't Hide Behind Inept Anti-Harassment Training

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    Once a recently passed act banning forced arbitration for workplace sexual harassment claims becomes law, employers will likely rely more heavily on trainings as a shield against liability, but this defense should be reserved for those using sincere, effective programs that address the root causes of harassment, says Lindsay Marum at Sanford Heisler.

  • Judge Jackson's Employment Rulings Embody Pragmatism

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    U.S. Supreme Court nominee Judge Ketanji Brown Jackson’s body of work on employment and labor law issues as a district court judge suggests she would defy stereotypical political descriptions and offer nuanced, pragmatic opinions if confirmed to the high court, say Stephanie Adler-Paindiris and Stephanie Lewis at Jackson Lewis.

  • What To Expect From High Court's Key FAA Cases This Term

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    Ahead of upcoming arguments in three U.S. Supreme Court cases concerning the Federal Arbitration Act, Mark Savignac at Steptoe & Johnson examines the eventual rulings’ potential implications for companies that rely on arbitration agreements, and offers considerations for practitioners seeking to enforce such contracts.

  • Settling Bias Claims: Q&A With Dorf & Nelson's David Warner

    Excerpt from Practical Guidance
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    Dorf & Nelson labor and employment department co-chair David Warner answers questions from Elias Kahn at LexisNexis about trends in executing settlement and severance agreements for employment discrimination, harassment and retaliation claims.

  • NYC Employers May Want To Revisit Vax Exemption Policies

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    In light of a lawsuit recently filed in New York federal court that challenges the religious exemption guidance for New York City’s indoor activity COVID-19 vaccine requirements — which is similar to the employer vaccine mandate guidance — companies should examine worker accommodation request protocols to mitigate litigation risks, say Kelly Cardin and Jessica Schild at Ogletree.

  • 2 High Court Cases That Can Alter Arbitration Playing Field

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    Two matters currently pending before the U.S. Supreme Court — Badgerow v. Walters and Morgan v. Sundance — could significantly affect employment and business contracts that contain arbitration clauses, and attorneys will be well-advised to study not only the disposition of the cases but the specific reasoning of the court, say attorneys at Porter Wright.