Discrimination

  • December 02, 2022

    Ex-Chief Of Staff For LA County DA Lodges Retaliation Suit

    The former chief of staff for Los Angeles County District Attorney George Gascón has accused him of retaliating against her for flagging some of Gascón's directives and hires as illegal, according to a suit filed in Los Angeles County Superior Court.

  • December 02, 2022

    Ex-Philly Hospital Worker Gets Jury Win In Retaliation Case

    A Pennsylvania federal jury said Friday that the Children's Hospital of Philadelphia should pay $590,000 to a former worker who claimed she suffered retaliation for complaining that male employees got better work assignments.

  • December 02, 2022

    2nd Circ. Won't Revisit Delta's Win In Race Bias Suit

    The Second Circuit refused Friday to reconsider a Black former flight attendant's suit claiming Delta fired her for complaining about a passenger's racist remark and a pilot's reaction to it, keeping in place a split panel ruling that ended the case.

  • December 02, 2022

    Ohio Hospital's Vax Policy Violated Religious Rights, Suit Says

    A hospital in Cleveland ordered dozens of employees to get COVID-19 and flu vaccines last year despite their religious opposition and only granted exemptions after several of them quit, according to a federal class action against The MetroHealth System that seeks more than $2 million in damages.

  • December 02, 2022

    Coverage Capped At $2M In Discrimination Suit, Insurer Says

    A health and rehabilitation center accused of racial discrimination is only subject to a maximum coverage limit of $2 million in its directors and officers policy for employment practices claims, RSUI Indemnity Co. told a Florida federal court.

  • December 02, 2022

    UPS Business Agent Backs EEOC Bias Suit Against Teamsters

    A UPS business manager raised new allegations in the Equal Employment Opportunity Commission's sexual harassment lawsuit against a Teamsters local on her behalf, claiming a former International Brotherhood of Teamsters presidential candidate denied that a union business agent engaged in harassment.

  • December 02, 2022

    NYC 'Salt Bae' Steakhouse Sued For Transphobic Behavior

    A transgender woman who was fired from the Manhattan location of an international chain of steakhouses founded by Turkish butcher and social media star Nusret "Salt Bae" Gökçe has sued the restaurant on claims it looked the other way while she was misgendered and harassed.

  • December 02, 2022

    11th Circ. Revives Ex-Popeyes Worker's Retaliation Suit

    The Eleventh Circuit on Friday resurrected a former Popeyes worker's suit alleging that the operator of a Florida restaurant location failed to step in after another employee assaulted and intimidated him, finding a lower court tossed the suit based on a rationale that wasn't raised by either party.

  • December 02, 2022

    Shell Faces Religious Bias Suit Over COVID Vaccine Mandate

    A Shell worker hit one of the oil giant's subsidiaries with a Texas federal court suit claiming his religious rights were violated when the company refused to grant him an exemption to its requirement that all offshore workers get vaccinated against COVID-19.

  • December 02, 2022

    NY Forecast: 2nd Circ. Hears Suit Over Bias At GM Plant

    This week, the Second Circuit will hear arguments from a former GM worker who is seeking to revive her claim that she was discriminated against because of her race and sex and retaliated against for taking medical leave. Here, Law360 looks at that case and other major labor and employment cases on the docket in the Empire State.

  • December 02, 2022

    EEOC Weekly Recap: GC Nominee Set For Full Senate Vote

    A key Senate committee voted in favor of the nominee to be the U.S. Equal Employment Opportunity Commission's general counsel, and the agency announced it had reached an $8 million deal with a chain of convenience stores and gas stations over pregnancy and disability discrimination allegations. Here's what happened at the EEOC last week.

  • December 02, 2022

    AFGE Local Settles Office Return Spat With EEOC

    The Equal Employment Opportunity Commission and an American Federation of Government Employees affiliate reached a settlement ending the union's unfair labor practice proceeding over the agency's return-to-office plans and decision to end telework.

  • December 02, 2022

    Senators Pitch Bill To Shore Up Harassment Protections

    Democratic lawmakers have introduced legislation meant to strengthen Title IX's harassment protections and other anti-discrimination statutes, something legislators say is necessary after years of court rulings that have made civil rights enforcement more difficult.

  • December 02, 2022

    Service Members See Suit Trimmed In Bias Row With Amazon

    A Washington federal judge tossed out several claims that former Amazon employees brought against the company saying it discriminates against service members by firing those who take time off for military leave, ruling that many of the workers' claims "lack clarity."

  • December 02, 2022

    Calif. Forecast: COVID Hazard Pay Arguments At 9th Circ.

    Over the next week, California attorneys should watch for oral arguments before the Ninth Circuit in a hospital's challenge to a city's COVID-19 hazard pay ordinance. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • December 02, 2022

    Barnes & Thornburg Adds Former Fisher Phillips Partner In LA

    Barnes & Thornburg expanded its ranks in Los Angeles with the addition of a former Fisher Phillips lawyer who spends the lion's share of her time helping employers deal with compliance issues stemming from the COVID-19 pandemic, according to the firm. 

  • December 01, 2022

    Meta Algorithm Biases Job Ads, Female Truckers Tell EEOC

    Meta Platforms discriminates against women and older people through biased algorithms that disproportionately serve certain Facebook job listing advertisements to younger men, an advocacy group for female truckers alleged in a Thursday complaint filed with the U.S. Equal Employment Opportunity Commission.

  • December 01, 2022

    Pilots To Appeal Dismissal Of Paid Military Leave Suit

    A class of pilots accusing American Airlines of violating the Uniformed Services Employment and Reemployment Rights Act by denying pay for time spent on military leave will appeal the dismissal of their wage claims.

  • December 01, 2022

    Advocacy Orgs, States Tell 4th Circ. To Back Gay Teacher

    Dozens of interest groups and 18 attorneys general have urged the Fourth Circuit not to disrupt a gay North Carolina teacher's win over a Catholic high school that fired him for announcing his marriage on Facebook, arguing the school wants an overly broad religious exception to anti-discrimination law.

  • December 01, 2022

    T-Mobile Settles Ex-Worker's COVID-19, LGBTQ Bias Suit

    T-Mobile has agreed to settle a former worker's suit claiming that he was illegally denied disability medical leave after contracting COVID-19 and that he was subjected to discriminatory comments as a member of the LGBTQ community.

  • December 01, 2022

    Jerry Jones Photo Is Hit To NFL's Image Amid Race Bias Suit

    The revelation of a 1957 photo in which then-teenaged Jerry Jones — now the owner of the Dallas Cowboys — was watching a violent reaction to school integration is yet another race-related headache for both Jones and the NFL as the league grapples with a proposed class action alleging racial bias in hiring practices.

  • December 01, 2022

    Suit Targets Perdue Foods For Sex, Pregnancy Discrimination

    A former laborer at a Perdue Foods LLC processing facility in Houston County, Georgia alleges that the company failed to take any steps to accommodate her after she became pregnant, and instead forced her to take short-term disability leave and then discharged her for taking that leave.

  • December 01, 2022

    Trans W.Va. Medicaid Participants Urge 4th Circ. To Affirm Win

    Transgender Medicaid patients urged the Fourth Circuit to reject West Virginia's challenge to a lower court's ruling that a state health program illegally denied them gender-affirming care, saying the state can't prove its exclusion isn't discriminatory.

  • December 01, 2022

    NJ Law Firm Can't Beat DQ Bid In ShopRite Insurance Suit

    The New Jersey Appellate Division Thursday disqualified Gold Albanese & Barletti LLC from representing a Passaic County liquor store in a suit against its insurer because the firm has already worked with the insurer on other cases for years and has inside knowledge of its legal strategy.

  • December 01, 2022

    8th Circ. Backs Conagra Win In Ex-Worker's Race Bias Suit

    The Eighth Circuit refused Thursday to reinstate a Black ex-employee's race bias suit against Conagra, affirming a trial court's win for the food company despite the U.S. Equal Employment Opportunity Commission throwing its weight behind the former worker's appeal.

Expert Analysis

  • Employers Must Look Beyond Legal Rights To Lower Risk

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    Cases concerning reasonable accommodation requests and discipline decisions demonstrate that employers should not focus solely on legal rights and obligations, or they will miss other opportunities to lower legal risks, particularly when a person is still employed, says Dabney Ware at Foley & Lardner.

  • Bias Suit Ruling Offers Disability Accommodation Guidelines

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    The Eleventh Circuit's recent decision in the bias suit Owens v. Georgia Governor's Office of Student Achievement provides clear guidance on the scope of an employee's obligations when seeking disability accommodation, and points to employer best practices to handle such requests, says Scott Hetrick at Adams and Reese.

  • ADA Ruling Uses Low Bar For Rare Employer Meddling Claim

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    A Pennsylvania federal court's recent decision in U.S. Equal Employment Opportunity Commission v. Geisinger Health should prompt companies to examine whether their policies could violate the Americans With Disabilities Act's rarely invoked Title V prohibition against "meddling" with employees pursuing their ADA rights, say David Rowland and Sarah Bauman at Seyfarth.

  • Employer Lessons From Google's $118M Equal Pay Deal

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    The recent $118 million settlement in the Ellis v. Google class action over a systemic scheme directed at underpaying women can be used as the foundation for employers to implement better business practices and avoid lawsuits of this magnitude, say attorneys at Gordon & Rees.

  • How Employers Can Prevent And Remedy Antisemitism

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    The Brooklyn Nets' recent suspension of Kyrie Irving for espousing antisemitism is a reminder that employers must not tolerate discrimination in the workplace, and should should take steps to stop and abate the effects of the antisemitism, says Amy Epstein Gluck at FisherBroyles.

  • State Law Compliance Considerations For Remote Job Posts

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    In light of the increasing prevalence of state and local laws mandating a salary range on job listings, employers should provide pay transparency when looking for remote workers in order to avoid potential penalties and litigation, says Eric Fox at Gordon & Rees.

  • Jury Verdict For EEOC Highlights Employer ADA Lessons

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    The U.S. Equal Employment Opportunity Commission recently convinced a Tennessee federal jury that a nursing home violated the Americans with Disabilities Act by terminating an employee who requested Family and Medical Act leave to address anxiety, highlighting several points about disability bias litigation and enforcement for health care employers, says John Bennett at Freeman Mathis.

  • Employers Should Note Post-Midterms State Law Changes

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    State ballot measures in the recent midterm elections could require employers to update policies related to drug use, wages, collective bargaining and benefit plans that offer access to abortion care — a reminder of the challenges in complying with the ever-changing patchwork of state workplace laws, say attorneys at Jackson Lewis.

  • Navigating Whether Workers' Cannabis Use Is Protected

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    Although a recent Nevada decision that an employee's nonwork cannabis consumption wasn’t protected against employer retaliation suggests state "lawful activities" laws may not always cover off-duty cannabis use, employers must also ensure policies and practices don’t run afoul of such statutes, says Jennifer Mora at Seyfarth.

  • Weighing Workplace Surveillance For Remote Workers

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    Workers who opt to continue working remotely after the COVID-19 pandemic remain under the watchful eye of their employers even from their own homes, but given the potential legal risks and adverse impacts on employee well-being, employers must create transparent policies and should reconsider their use of monitoring technologies at all, says Melissa Tribble at Sanford Heisler.

  • Ending Affirmative Action Would Hurt High Court's Credibility

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    In the U.S. Supreme Court’s pending University of North Carolina and Harvard affirmative action cases, relying on a mischaracterization of Brown v. Board of Education to prohibit the consideration of race in college admissions would entrench long-standing educational inequities, subvert decades of precedent and damage the court's integrity, say Amber Koonce and Alexsis Johnson at Legal Defense Fund.

  • What May Shape The Scope Of Affirmative Action Ruling

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    During oral arguments for the University of North Carolina and Harvard College affirmative action cases, questions from former President Donald Trump’s three U.S. Supreme Court appointees suggested race-conscious admissions will come to an end, but divisions within the court's conservative bloc may shape the breadth of holdings for the cases' common petitioner, say attorneys at Robinson & Cole.

  • Employer Medical Records Responsibilities After Dobbs

    Excerpt from Practical Guidance
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    Betsy Johnson at Ogletree considers the effects of the U.S. Supreme Court decision in Dobbs on employer medical record-keeping and confidentiality requirements under the Family and Medical Leave Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act and the Health Insurance Portability and Accountability Act.