Discrimination

  • November 10, 2022

    Tenn. Nutrition Co. Fined For Violating Worker's FMLA Rights

    A nutritional product developer in Tennessee is on the hook for nearly $13,000 after it refused to let an employee approved for intermittent leave return to work, the U.S. Department of Labor said Thursday.

  • November 10, 2022

    Railway Can't Knock Out Race Bias Suit Over Child Care Time

    An Illinois federal judge refused to throw out a Black railway employee's claim that he had enough evidence to show he was unlawfully fired for taking time off to care for a sick child, but shut down his claim that the railway violated its collective bargaining agreement.

  • November 09, 2022

    Coke Distributor Narrows But Can't Sink BLM Mask Bias Suit

    A Pennsylvania federal judge trimmed disability bias claims Wednesday from a Black warehouse worker's suit claiming he was fired for wearing a Black Lives Matter mask and taking medical leave while letting his retaliation claims move forward.

  • November 09, 2022

    4 Military Leave Cases To Keep On Your Radar

    From the Ninth Circuit to federal district courts in Illinois, Pennsylvania, and New York, judges are wrestling with whether military leave is a benefit under federal employment law for service members and if it’s compensable. Here, Law360 zeroes in four cases employment law practitioners should know about as this litigation trend continues to gather steam.

  • November 09, 2022

    9th Circ. Backs Feds In Muslim Ex-Delta Worker's Bias Suit

    The Ninth Circuit on Wednesday upheld the dismissal of a former Delta Air Lines worker's suit claiming his rights were violated when he was put on the terrorist watch list for refusing to be an FBI snitch, ruling the Black Muslim worker couldn't sue an individual FBI agent and that he had no right to a security clearance.

  • November 09, 2022

    11th Circ. Shuts Down Bias Suit Over Post-Birth Telework Bid

    The Eleventh Circuit refused Wednesday to revive a disability bias suit filed by a state worker who was terminated after seeking to telework following a C-section birth, tackling an issue of first impression and ruling that she hadn't linked her telework request to a disability.

  • November 09, 2022

    10th Circ. Upholds Hospital's Win In Nurse's Sex Bias Suit

    The Tenth Circuit said Wednesday it won't reinstate a nurse's lawsuit accusing a Colorado hospital of denying her transfer request and firing her as payback for reporting a manager's sexism, finding that she had a history of insubordination that predated any complaints to human resources.

  • November 09, 2022

    Ga. City Worker Claims Race Bias During Pandemic

    A former code enforcement officer for Tucker, Georgia, claims he was forced to go out in public during the pandemic when his white colleagues were allowed to work from home, according to a suit in Georgia federal court.

  • November 09, 2022

    Hilton Hotel Co. Strikes Deal In Ex-Chef's Sex Harassment Suit

    A Hilton hotel operator agreed to settle a former chef's sexual harassment suit filed in Connecticut federal court alleging the business didn't respond to his complaints when a co-worker touched him inappropriately.

  • November 09, 2022

    School District Settles Sex Bias Suit Over Topless Selfie

    A Long Island public school district has agreed to end a former middle school teacher's lawsuit alleging she was illegally fired because of a bare-chested selfie sent to an ex-boyfriend, and fellow teacher, years earlier, according to filings in New York federal court.

  • November 08, 2022

    Control Of Congress Too Close To Call

    Control of both chambers of Congress remained up for grabs on Wednesday, with the House and the Senate too close to call amid unexpectedly strong Democratic performance across the country in Tuesday's elections.

  • November 08, 2022

    6th Circ. Won't Reinstate Highway Tech's Opioid Disability Suit

    The Sixth Circuit refused Tuesday to revive a former highway technician's lawsuit that accused the Ohio Department of Transportation of breaking federal disability bias law when it fired him after learning that he was taking opioids to treat pain following a motorcycle accident.

  • November 08, 2022

    CSX Urges 4th Circ. Not To Derail FMLA Suit Win

    CSX Transportation told the Fourth Circuit it shouldn't give nearly 60 ex-employees a second chance at a suit alleging they were terminated in violation of the Family and Medical Leave Act, saying it genuinely believed the workers had submitted fraudulent doctors' notes.

  • November 08, 2022

    Miss. Garbage Co. Settles EEOC Sexual Orientation Bias Probe

    A Mississippi garbage disposal company struck a deal with the U.S. Equal Employment Opportunity Commission after the agency said the company violated federal law by letting a worker endure a hostile work environment and stopped giving him work because he was gay, the agency said.

  • November 08, 2022

    Tesla Board Claims It Fought Discrimination In Shareholder Row

    Tesla's board of directors and CEO Elon Musk did not allow a "toxic" workplace culture to run rampant at the company and looked out for the best interests of its shareholders, the company argued in a bid to escape an investor lawsuit in Texas federal court.

  • November 08, 2022

    From Courts To Polls: BigLaw Turns Out To Protect The Vote

    Dozens of BigLaw firms, including Reed Smith LLP, Latham & Watkins LLP and Simpson Thacher & Bartlett LLP, turned out to protect voting rights in the midterm elections by manning voter hotlines on Tuesday and taking charge of high-stakes litigation.

  • November 08, 2022

    Walmart Can't Upend EEOC Win In Down Syndrome Bias Suit

    A Wisconsin federal judge rejected Walmart's attempt to overturn the U.S. Equal Employment Opportunity Commission's win in a suit alleging the retailer illegally fired a worker with Down syndrome, despite Walmart's argument that it was unaware of her disability.

  • November 08, 2022

    Philly Firm Can't Escape Lawyer's Sex Bias Suit

    A discrimination case against Philadelphia law firm Pond Lehocky Giordano LLP will move forward after a federal judge denied the defendant's motion to dismiss.

  • November 08, 2022

    NHL Settles Firing Suit From Officials Who Flagged Racism

    The National Hockey League told a Florida federal judge that it had reached a settlement with two former Tampa Bay Lightning officials who said they were fired for calling attention to a supervisor's racist remarks.

  • November 08, 2022

    United Settles EEOC Suit Over AA Meetings For Buddhist Pilot

    A New Jersey federal judge approved a $305,000 deal Tuesday between United Airlines and the U.S. Equal Employment Opportunity Commission to ground a suit alleging the airline required a Buddhist pilot to attend monotheistic Alcoholics Anonymous meetings to get clearance to fly. 

  • November 07, 2022

    Engineering Cos. Settle Ex-Rigger's Retaliation Suit

    Two engineering companies have agreed to end a suit alleging they allowed a supervisor to harass a Black former rigger after he complained about a co-worker's racist comments and jokes, according to a Monday filing in Louisiana federal court.

  • November 07, 2022

    W.Va. Urges 4th Circ. To Reverse Trans Medicaid Bias Ruling

    West Virginia asked the Fourth Circuit on Monday to reverse a lower court's ruling that it illegally denied gender-affirming care to transgender Medicaid participants, arguing that the finding infringed on its duty to protect residents' well-being and taxpayer money.

  • November 07, 2022

    Philly, Auditor Reach Deal To End FMLA Retaliation Fight

    The City of Philadelphia and an auditor from its Licenses and Inspections Department have settled claims that the city stripped him of responsibilities and rebuffed requests for promotion in retaliation for his protected use of medical leave.

  • November 07, 2022

    4 Questions As NYC's Pay Transparency Law Kicks In

    New York City recently joined the ranks of jurisdictions that require employers to disclose a pay range in job advertisements, adding to an assortment of state and local pay transparency laws that are creating compliance and recruiting challenges for large employers. Here are four questions facing businesses as more pay transparency laws come online.

  • November 07, 2022

    6th Circ. Backs U. Of Louisville's Defeat Of Age Bias Suit

    The Sixth Circuit said it won't give a former surgical assistant another chance at a lawsuit claiming the University of Louisville fired him because of his age, saying Monday that a supervisor's comment about his gray hair wasn't enough to sustain his case.

Expert Analysis

  • 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.

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • What Mandatory Arbitration Limits Could Mean For Employers

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    In light of legislation recently passed by the U.S. House of Representatives and the U.S. Senate that would allow employees alleging workplace sexual harassment to bypass mandatory arbitration clauses, Bernadette Sargeant and Emily Monroe at Stinson answer key questions about the practical impact and discuss how employers can proactively prevent workplace harassment.

  • How Cos. Can Keep Up With Pay, Workplace Equity Evolution

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    Legislatures, policy leaders and plaintiffs lawyers are increasingly linking pay equity concerns with broader racial and gender equality issues in the workplace, and employers who want to stay ahead of the curve must focus not just on how much employees are paid, but also on the jobs they hold and the workplace opportunities afforded to them, say Erin Connell and Kayla Grundy at Orrick.

  • NFL Suit Spotlights How Employee Bias Claims Are Weighed

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    Former Miami Dolphins head coach Brian Flores’ recently filed race discrimination class action against the NFL highlights the variety of factors courts consider to establish pretext and decipher employer motivations in such cases, including hiring statistics, qualifications of similarly situated individuals and more, say Dove Burns and Stacey Pitcher at Obermayer Rebmann.

  • Defending Retaliation Claims After Calif. Whistleblower Ruling

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    A recent ruling from the California Supreme Court in Lawson v. PPG Architectural Finishes lowers the standard of proof for employee whistleblower retaliation claims, which means employers must carefully and regularly document workers' performance issues to establish clear and convincing evidence as a defense, says Elyssa Sternberg at Sheppard Mullin.

  • What Employers Should Know About Paid Military Leave Trend

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    A batch of recently decided and ongoing federal court cases concerning pay for military leave demonstrate a growing acceptance of claims if the employer provides for paid leave in other circumstances, underscoring the need for companies to review all leave types that offer pay or benefits, say Robert Duffy and Brenna Wildt at Quarles & Brady.

  • Employer's Agenda: Honeywell Counsel Talks ESG

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    As companies face more pressure from shareholders to operate as agents of change, employment attorneys must engage in efforts to reduce risks and optimize opportunities related to environmental, social and governance factors — because workplace issues are salient in all three categories, says Lindsay Hedrick, chief labor and employment counsel at Honeywell.

  • Mental Health Discrimination: A Rising Risk For Employers

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    Thanks to the COVID-19 pandemic, the number of people seeking help for mental health conditions has skyrocketed, which should alert employers to prepare for a likely increase in mental health concerns and discrimination claims from job applicants and workers, say attorneys at Proskauer.

  • An Affirmative Action Reminder For Gov't Contractors

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    A recent administrative decision from the U.S. Department of Labor and new mandates by the Office of Federal Contract Compliance Programs have made clear that failure to comply with affirmative action and nondiscrimination obligations can result in significant sanctions, suspension and debarment from federal contracting, say attorneys at Perkins Coie.

  • Employer's Agenda: Cognizant Counsel Talk Remote Work

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    The pandemic-induced shift to hybrid remote work models poses new employment law risks, but in-house and outside counsel can take practical steps to manage wage and hour requirements, variations in state laws, and the complicated web of federal and state vaccine mandates, say Michael Ferrans and Aliya Horne, associate general counsel for labor and employment at Cognizant.