Discrimination

  • September 04, 2024

    3rd Circ. Revives Machinery Worker's Disability Bias Suit

    The Third Circuit reopened a former machinery worker's lawsuit alleging he was fired because he requested light-duty assignments following an on-the-job back injury, saying Wednesday a trial court used an outdated standard to conclude that federal law didn't consider his temporary pain a disability.

  • September 04, 2024

    Warner Music, Atlantic Beat Suit Over Alleged Abuse In 1980s

    A New York state judge released Warner Music Group and Atlantic Records from a suit claiming their negligence allowed Atlantic's then-CEO to sexually assault the plaintiff in the 1980s and that they violated their duty of care by failing to fire him, finding the entities didn't exist at the time.

  • September 04, 2024

    Ex-Cop Cuts Deal To End Bias Suit That Rose To High Court

    The city of St. Louis has tentatively settled a former cop's bias suit claiming she was illegally transferred due to her gender, according to a court filing on Wednesday, potentially ending a legal battle that prompted the U.S. Supreme Court to clarify Title VII's scope.

  • September 04, 2024

    Ex-Twitter Worker Class Conditionally Certified In Age Bias Suit

    A California federal judge has conditionally certified a collective action on behalf of former Twitter workers aged 50 and older who were fired after Elon Musk acquired the company, saying while this isn't the stage "to weigh the evidence," the complaint shows "beyond mere speculation" Twitter may have discriminated against older employees.

  • September 04, 2024

    Jury Says Glass Co. Owes Black Applicant $1.1M In Bias Suit

    An Indiana federal jury said a glass manufacturer should pay nearly $1.1 million to a Black job applicant who said he was passed over in favor of several white candidates because of his race.

  • September 04, 2024

    Union Discriminates Against Blacks, Latinos, Technician Says

    An entertainment industry union local's admissions and job referral practices make it harder for Black and Latino applicants to secure union membership and positions at production studios like HBO and CBS, an electrical technician alleged in a proposed class action filed in New York federal court.

  • September 04, 2024

    2nd Circ. Hears Unvaxxed NY Judge's 'Exile' Challenge

    A Second Circuit panel on Wednesday voiced some skepticism of a bid to revive a New York state judge's lawsuit over his "exile" after he failed to get a religious exemption from the court system's COVID-19 vaccine mandate.

  • September 04, 2024

    Ex-Driver And Papa John's Settle Race Bias, Pay Suit

    An Alabama federal judge signed off on a settlement agreement between a Papa John's franchise and a Black former pizza delivery driver who alleged he faced a hostile work environment and was under-reimbursed for mileage, according to court papers.

  • September 04, 2024

    EEOC Tells 5th Circ. To Revive ADA Suit Over Service Dog Bid

    The U.S. Equal Employment Opportunity Commission backed a worker who said a school district unlawfully slow-walked its response to her request to bring a service dog to work, telling the Fifth Circuit that a trial court missed the big picture when it tossed her case.

  • September 04, 2024

    Construction Co. Strikes Deal In EEOC Sex Harassment Suit

    A highway construction company agreed to pay $80,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging it didn't appropriately respond when a female truck driver complained that male colleagues were sending explicit pictures and making sexual comments, the agency told a North Carolina federal court.

  • September 03, 2024

    Ex-VP Says Health Co. Tried To Call Firing Retirement

    A former vice president and chief human resources officer for The Elevance Health Companies Inc. claims it terminated his employment to hire a substantially younger person and tried to call it a retirement, according to an age discrimination suit filed in a Georgia federal court Tuesday.

  • September 03, 2024

    6th Circ. Revives Asthmatic Worker's Disability Bias Suit

    The Sixth Circuit reinstated a former employee's suit Tuesday claiming she was fired by a painting company after she asked to be placed in a department with fewer paint fumes to accommodate her asthma, stating a jury needs to sort out whether her request was reasonable.

  • September 03, 2024

    Seattle Court Accused Of Fostering Racist, Hostile Workplace

    An African American former employee at the Seattle Municipal Court has alleged that she was the target of racist and sexist comments and that a court administrator falsely claimed in a courtwide email that she had been arrested and charged with a serious crime when she was on sick leave.

  • September 03, 2024

    Retailer Says No Good Faith In Worker's Wash. Pay Range Suit

    Retailer Aaron's urged a Washington state court to throw out a job applicant's proposed class action accusing it of failing to post salary ranges in job advertisements, saying the worker's 15 other similar lawsuits show he had no interest in actually getting a job at the company.

  • September 03, 2024

    Union-Backed 'Captive Audience' Bill Heads To Calif. Governor

    The California Senate voted in favor of a union-backed bill that would bar employers from requiring employees to attend meetings related to religious or political matters — including company-organized meetings used to discourage union-formation — sending the so-called captive audience bill to the governor's desk.

  • September 03, 2024

    4 Argument Sessions Bias Attys Should Watch In September

    The Eighth Circuit will consider reviving a red state challenge to the U.S. Equal Employment Opportunity Commission's Pregnant Workers Fairness Act regulations, and the Eleventh Circuit will decide whether to let Florida bar a transgender teacher from sharing her preferred pronouns and title at work. Here, Law360 looks at four argument sessions employment discrimination attorneys should keep tabs on in September.

  • September 03, 2024

    8th Circ. Says Union Pacific Must Face Color Vision Bias Suit

    The Eighth Circuit revived a former Union Pacific conductor's lawsuit alleging he was unlawfully fired after failing a color vision test, ruling Tuesday that a lower court erroneously said his participation in a defunct class action couldn't save his claims.

  • September 03, 2024

    Ex-Teacher Asks 7th Circ. To Revive Bias Fight Over Pronouns

    An evangelical teacher urged the Seventh Circuit to revive his religious bias lawsuit alleging he was unlawfully fired for refusing to use transgender students' gender-affirming names and pronouns, arguing a 2023 U.S. Supreme Court decision backs keeping his case in court.

  • September 03, 2024

    Duane Morris Wants Bulk Of Atty's Equal Pay Suit Tossed

    Duane Morris LLP is asking a California federal court to toss most of the claims in a proposed class action alleging the firm systemically underpaid female and nonwhite attorneys, saying the attorney who filed the complaint has been fairly treated and compensated and her claims lack validity.

  • September 03, 2024

    Fla. Judge Faces DQ Bid Over 'Hostility' In Ex-Law Prof's Case

    A former law professor at Florida A&M University wants the federal judge assigned to her retaliation lawsuit against the university to recuse himself, saying he has shown a "pattern of hostility" toward her in multiple court orders, according to a motion filed Tuesday.

  • September 03, 2024

    Packaging Co. Fired Workers Over COVID-19 Vax, EEOC Says

    A gas packaging manufacturer illegally fired 10 employees who refused its COVID-19 vaccine mandate on religious grounds or because they had a disability, according to a U.S. Equal Employment Opportunity Commission suit filed in Oklahoma federal court.

  • September 03, 2024

    Sprouts Fired Worker For Reporting Harassment, Suit Says

    A former employee at an Atlanta-area Sprouts Farmers Market hit the grocery chain with a lawsuit alleging she was unlawfully fired for complaining about harassing comments a co-worker repeatedly made about her sexuality.

  • August 31, 2024

    EEOC's Sonderling Touts AI, Compliance Work As Successes

    Outgoing U.S. Equal Employment Opportunity Commission member Keith Sonderling told Law360 in an exclusive interview that elevating the agency's visibility on the artificial intelligence front and reviving the U.S. Department of Labor's use of opinion letters rank among his top accomplishments during his nearly decadelong stint in federal government.

  • August 30, 2024

    11th Circ. Reinstates Ex-Amerijet Worker's Discrimination Suit

    The Eleventh Circuit revived a former Amerijet employee's lawsuit alleging the cargo airline fired her because she's a Black woman, ruling Friday that a lower court used an erroneously high standard when tossing her claims.

  • August 30, 2024

    WWE Accuser's Discovery Bid Must Fail, Conn. Doctor Says

    The woman accusing World Wrestling Entertainment Inc. and two former executives of sexual abuse and trafficking in Connecticut federal court should lose her separate but related bid for discovery against a celebrity doctor who treated her, the doctor has argued in a motion to dismiss the state court action.

Expert Analysis

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Employer Pointers As Wage And Hour AI Risks Emerge

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    Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.

  • Race Bias Defense Considerations After 11th Circ. Ruling

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    In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.

  • 6 Ways To Minimize Risk, Remain Respectful During Layoffs

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    With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.

  • NYC Workplace AI Regulation Has Been Largely Insignificant

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    Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

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    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

  • In Focus At The EEOC: Protecting Vulnerable Workers

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    It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.

  • 4 Steps To Navigating Employee Dementia With Care

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    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Compliance Tips For Employers Facing An Aggressive EEOC

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    This year, the combination of an aggressive U.S. Equal Employment Opportunity Commission, a renewed focus on large-scale recruiting and hiring claims, and the injection of the complicated landscape of AI in the workplace means employers should be prepared to defend, among other things, their use of technology during the hiring process, say attorneys at Seyfarth Shaw.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • EEO-1 Ruling May Affect Other Gov't Agency Disclosures

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    By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.