Discrimination

Expert Analysis

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

  Excerpt from Practical Guidance

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.