Discrimination

  • August 13, 2024

    Defunct Class Action Saves Union Pacific Disability Bias Suit

    The Fifth Circuit breathed new life into a former Union Pacific train conductor's lawsuit alleging he was unlawfully fired after failing the company's updated color vision test, ruling his one-time inclusion in a defunct class action had extended the deadline for asserting his claims.

  • August 13, 2024

    EEOC Backs Gay Walmart Worker's Bias Suit At 10th Circ.

    The U.S. Equal Employment Opportunity Commission told the Tenth Circuit that a district court was too quick to toss a former Walmart worker's suit claiming he was demoted and fired for being gay, arguing the lower court applied incorrect legal standards to his case.

  • August 13, 2024

    State Street Fired 9/11 Victim During Cancer Bout, Suit Says

    A former State Street employee filed a lawsuit claiming the Boston-based megabank illegally fired her for taking medical leave for 9/11-related cancer treatments and for internally reporting more than a million dollars in alleged fraudulent bills sent to customers.

  • August 12, 2024

    WWE Accuser Says Doc's Lawsuit Threat Meant To Silence Her

    A celebrity doctor with alleged ties to World Wrestling Entertainment Inc. and ex-CEO Vince McMahon should be sanctioned for filing a "vexatious" presuit discovery request in an effort to intimidate the woman who claimed the company and former executives sexually abused and trafficked her, she argued in a Monday motion.

  • August 12, 2024

    Morgan Stanley Trims Black Recruiter's Bias Suit For Now

    An Illinois federal judge on Monday partially dismissed a lawsuit brought by a Black recruiter claiming Morgan Stanley's "entrenched race discrimination" caused him to get lower commissions on minority workers hired at lower wages, but allowed him to amend his complaint to include more detailed allegations.

  • August 12, 2024

    3 Things Discrimination Lawyers May Have Missed In July

    A Sixth Circuit panel split over a challenge to a school district's policy banning students from misgendering each other, the Labor Department issued guidance outlining the process for federal contractors to expedite the resolution of bias claims and New Hampshire joined the list of states that ban hair-based discrimination. Here, Law360 catches you up on three developments that flew under the radar. 

  • August 12, 2024

    Another Christian Org. Cleared To Fight Wash. Bias Law

    The Ninth Circuit on Monday said a Christian nonprofit that wants to hire only other Christians can sue to block Washington state from enforcing its antidiscrimination law, echoing an earlier panel that found a Christian university with anti-LGBTQ+ hiring practices could contest the law. 

  • August 12, 2024

    WNBA Team Traded Star For Getting Pregnant, Suit Says

    A WNBA player and Olympic medalist was traded to a less prestigious team after announcing she was pregnant and punished after she complained to the league about how she was being treated, according to a Monday complaint in Nevada federal court.

  • August 12, 2024

    Cable Giant Hit With ADA Suit By Director After Stroke

    A director of electrical wiring and cable giant Southwire Co. has alleged in a North Carolina federal court complaint that the company added non-essential functions to his job description while he was on medical leave that have prevented him from performing his workplace duties.

  • August 12, 2024

    Staffing Co. Settles EEOC Disability Bias Suit Over Urine Test

    A staffing company said Monday it will pay the U.S. Equal Employment Opportunity Commission $35,000 to close a Texas federal court suit alleging it failed to accommodate a job applicant's kidney disease by neglecting to find an alternative drug-testing method beyond a urine sample.

  • August 12, 2024

    Ill. To Require Employers To Notify Workers When Using AI

    Illinois employers will soon have to tell workers and applicants when they're using artificial intelligence in employment decisions and be barred from using technology that has a discriminatory impact under legislation signed by Democratic Gov. JB Pritzker.

  • August 12, 2024

    2nd Circ. Says Arbitration Ban Protects Sex Harassment Suit

    The Second Circuit said Monday that because a financial services worker said she continued to experience harassment after a law went into effect curbing mandatory arbitration for workplace sex misconduct disputes, her case can't be kicked out of court.

  • August 12, 2024

    10th Circ. Upholds UPS' Win In Ex-Driver's Bias Suit

    The Tenth Circuit declined Monday to grant a new trial for a former United Parcel Service driver who sued for disability discrimination after a bout with heat exhaustion, finding he hadn't properly raised his arguments that the trial proceedings were unfair.

  • August 12, 2024

    Ogletree Adds Ex-Polsinelli Employment Class Co-Chair

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC has expanded its offerings in Utah with the addition of a former leader of Polsinelli PC's employment class and collective actions practice group.

  • August 12, 2024

    Firefighter Union President Says City Retaliated Against Him

    A High Point, North Carolina, firefighter who leads his department's union said he's faced serious retaliation from higher-ups for standing up for workers' rights and is now at risk of losing his job for his advocacy work, according to a new lawsuit in North Carolina federal court.

  • August 12, 2024

    6th Circ. Backs Library Worker Fired Over Anti-BLM Meme

    A split Sixth Circuit panel ruled that an Ohio library shouldn't have fired a security guard for sharing an insensitive Facebook meme about Black Lives Matter protesters, saying his post hadn't disrupted the library's operations and was therefore shielded by the First Amendment.

  • August 12, 2024

    Lack Of Specific Promotion Denial Dooms FAA Age Bias Suit

    A 65-year-old Federal Aviation Administration employee failed to show how her supervisor stood in the way of her career advancement, a Texas federal judge ruled, tossing the worker's suit claiming she was passed over for promotions because of her age.

  • August 09, 2024

    Tesla Can't Duck Workers' PAGA Case Under Anti-SLAPP

    A California appellate court has rejected Tesla's attempt to ditch a Private Attorneys General Act case brought by former employees seeking personnel records, agreeing with a lower court that the workers' status as members of a class in a related action against Tesla doesn't entitle the electric-car maker to protection under anti-SLAPP.

  • August 09, 2024

    Lifting Of Worker Suspension​​ Upheld In Hospital-Union Fight

    A healthcare union has scored a victory against an Ohio hospital that suspended one of its attendants after he tested positive for cannabis, with a federal judge ruling that an arbitration decision upending the disciplinary action was totally valid.

  • August 09, 2024

    3rd Circ. Won't Reopen Bank Teller's Bias, Retaliation Suit

    The Third Circuit backed a Philadelphia-area bank's win over a Black former teller's lawsuit alleging she faced a hostile work environment and was ultimately forced out because her complaints about a customer's racist comments weren't taken seriously, saying Friday the company followed its standard policy to sever ties with the client.

  • August 09, 2024

    Judge Slams Justices For 'Eschewing' History In Trump Case

    The U.S. Supreme Court spurned historical analysis and "fundamentally" changed the presidency when it granted Donald Trump broad criminal immunity from federal charges that he interfered with the 2020 presidential election while in office, a Massachusetts federal judge wrote in a ruling Friday that ended an ex-public defender's sexual harassment lawsuit.

  • August 09, 2024

    Texas Justices To Answer SMU Law Prof's Defamation Query

    The Texas Supreme Court on Friday agreed to answer a question posed by the Fifth Circuit regarding the interpretation of the state's human rights act in a case involving a former Southern Methodist University law professor who sued the school and several administrators after being denied tenure.

  • August 09, 2024

    DC Circ. Revives EPA Worker's Allergy Accommodation Suit

    The D.C. Circuit on Friday revived a U.S. Environmental Protection Agency employee's lawsuit alleging the agency mishandled his complaint about being seated next to a co-worker whose perfume triggered his severe allergies.

  • August 09, 2024

    Calif. Car Wash's $1.95M Settlement Not Covered, Insurer Says

    An insurer doesn't have to cover a $1.95 million settlement an insured car wash operator reached in an underlying lawsuit accusing the business of a litany of employment violations, the carrier told a California federal court, arguing that the business settled well above coverage limits without the insurer's authorization.

  • August 09, 2024

    NJ Paralegal Resolves Suit Over Firing After Broken Foot

    A former paralegal for the Law Offices of Geoffrey D. Mueller LLC has resolved her lawsuit against the Westwood, New Jersey, office after accusing it last year of firing her in violation of state anti-discrimination law after she asked for a leave of absence to recover from a broken foot, according to a notice of settlement filed in Bergen County Superior Court.

Expert Analysis

  • NY, Minn. Set Pace For Employee Breastfeeding Protections

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    Breastfeeding employees have gotten increased legal protections through recently effective amendments in New York and Minnesota, and the laws underline the need for employers to watch for state-level legislative efforts to extend these protections beyond federal requirements, say John Litchfield and Miranda Curtis at Foley & Lardner.

  • Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • What To Expect From High Court's Whistleblower Case

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    The U.S. Supreme Court's upcoming decision in Murray v. UBS Securities will likely have widespread implications for the future of anti-retaliation whistleblower litigation, and could make it more difficult for would-be whistleblower-employees to succeed on anti-retaliation claims under the Sarbanes-Oxley Act, say Ann-Elizabeth Ostrager and Diane McGimsey at Sullivan & Cromwell.

  • 'Equal Harassment' Is No Shield Against Title VII Claims

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    The Ninth Circuit’s decision in Sharp v. S&S Activewear, rejecting an employer's claim that it did not create a sexually hostile work environment because the misogynist music it played offended all workers equally, reminds companies that they can face Title VII liability even when misconduct does not target a specific group, says Laura Lawless at Squire Patton.

  • Recent Changes Mark A Key Moment For New York High Court

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    Recent developments in the New York Court of Appeals — from rapid turnover and increasing diversity, to a perception among some of growing politicization — mark an important turning point, and the court will continue to evolve in the coming year as it considers a number of important cases, say attorneys at Gibson Dunn.

  • How End Of Forced Arb. Is Affecting Sex Harassment Cases

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    A little over a year after the Ending Forced Arbitration of Sexual Assault Act became effective, we have started seeing substantive interpretation of the EFAA, almost exclusively from the U.S. district courts in New York, and there are two key takeaways for employers, says Lisa Haldar at Lawrence & Bundy.

  • Adjusting Anti-Harassment Policies For Remote Work

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    Limited employee oversight and a lack of privacy in virtual meetings are just two examples of drawbacks to remote work that increase the risk of workplace harassment — but employers can adapt their existing anti-harassment policies to better suit these circumstances, says Ellen Holloman at Cadwalader.

  • Worker Accommodations After Justices' Religious Bias Ruling

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    While the U.S. Supreme Court's recent Groff v. DeJoy decision makes it easier for employees to obtain religious accommodations under Title VII, it also guarantees more litigation over what counts as a substantial hardship for businesses, as lower courts will have to interpret the exact contours of the new standard, says Caroline Corbin at the University of Miami School of Law.

  • The Differing Court Approaches To Pay Equity Questions

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    Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Calif. Whistleblower Decision Signals Change For Employers

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    Because the California Supreme Court's recent The People v. Kolla's decision significantly expands employee whistleblower protections, employers should ensure that internal reporting procedures clearly communicate the appropriate methods of reporting and elevating suspected violations of law, say Alison Tsao and Sophia Jimenez at CDF Labor Law.

  • What Affirmative Action Ruling Means For Higher Ed And Cos.

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    The U.S. Supreme Court's holding that race-conscious admissions programs at two educational institutions violate the Constitution's equal protection clause applied the "strict scrutiny" standard that governs race-conscious programs in a way that will be very difficult for educational institutions and other entities to satisfy, say attorneys at Jenner & Block.

  • Pay Transparency And ESG Synergy Can Inform Initiatives

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    The proliferation of pay transparency laws and ESG initiatives has created unique opportunities for companies to comply with the challenging laws while furthering their social aims, says Kelly Cardin at Ogletree.