Discrimination

  • November 03, 2022

    Dance Co. Biased Against Female Parents, Ex-Costumer Says

    New York City-based Paul Taylor Dance Co. for years has mistreated female employees, targeting pregnant and breastfeeding women with statements and policies meant to dissuade them from working while being parents, according to a former costumer's suit filed Thursday.

  • November 03, 2022

    Conn. Bus Drivers' Disability Bias Claims Move Ahead

    A subsidiary of Connecticut's Department of Transportation must face claims from three Black bus drivers that they were retaliated against after they began having allergic reactions to the company's new disinfectants used to clean the vehicles, but a federal judge cut their race bias allegations for lack of evidence.

  • November 03, 2022

    PG&E Gets Black Worker's Bias Suit Sent to Arbitration

    A Black ex-worker's claims against Pacific Gas & Electric Co. and its affiliates that his co-workers referred to him using racial slurs and supervisors unfairly criticized his performance must head into arbitration per his independent contractor agreement, a California federal judge ruled.

  • November 03, 2022

    Does The ADA Require Employers To Let Workers Relocate?

    Employee requests to work from a different geographic location will likely increase since the pandemic made businesses rethink the need for an in-office presence, experts say, and employers that don't carefully handle those requests risk violating the Americans with Disabilities Act. Here are three things businesses need to consider when a worker asks for permission to move as an ADA accommodation.

  • November 03, 2022

    Apple Says Exec's Age Bias Suit Short On Facts, Redundant

    Apple Inc. asked a California federal judge to toss an executive's discrimination case, arguing he hadn't shown he was passed over for a hefty stock bonus because of his age and had already filed an identical version of the same suit.

  • November 03, 2022

    Women's Soccer Team Attys Seek $6.6M Of $24M Bias Deal

    U.S. women's national soccer players sought final approval of a $24 million deal to end their equal pay suit against the U.S. Soccer Federation in California federal court, revealing how much particular players are slated to receive as their attorneys seek $6.6 million in fees.

  • November 03, 2022

    Ga. Deputy AG Mistreated Black Paralegal, Suit Says

    A Black former paralegal in the Georgia Attorney General's Office has filed a federal suit alleging she was mistreated because of her race by a white agency lawyer and was unlawfully terminated in December 2020.

  • November 03, 2022

    Temporary Farmworkers Hit Orchard Co. With Fifth Complaint

    Two Mexican nationals who worked as contracted agricultural workers for an apple orchard company re-alleged in Washington federal court Wednesday that the company regularly threatened their employment and withheld their work permits by holding them accountable to unauthorized production standards.

  • November 03, 2022

    Ex-Housekeeper Hits Bezos With Discrimination, Wage Suit

    A Hispanic former housekeeper for Jeff Bezos slapped the billionaire Amazon founder with a lawsuit in Washington state court, claiming she was ridiculed by white supervisors and eventually fired for complaining about bias and poor working conditions.

  • November 03, 2022

    Digital Real Estate Co. Wants Out Of Sexual Harassment Suits

    Metaverse startup Everyrealm Inc. told a New York federal court that sexual harassment claims in separate suits from an ex-human resources director and a former NFL tight end amount to nothing more than petty slights and are part of efforts to pressure the company to take settlements.

  • November 03, 2022

    DOL Says Nursing Home Illegally Sued Witness In Wage Trial

    A Pennsylvania nursing home retaliated against a former employee by suing her when she was scheduled to testify at trial in a wage case that the U.S. Department of Labor brought against the nursing home, the agency said in a lawsuit in Pennsylvania federal court.

  • November 03, 2022

    Transparency Laws Could Lift Fog Around Equal Pay Landscape

    The need to compare jobs to discern unlawful pay disparities in equal pay litigation remains challenging, but new pay transparency laws may provide a clearer roadmap for employers and employees alike in assessing such differences, attorneys said.

  • November 02, 2022

    CBS, Moonves Settle #MeToo Insider Trading Probe For $9.7M

    CBS Corp. and its former CEO Les Moonves have agreed to pay a combined $9.75 million to end New York state claims that the company concealed Moonves' sexual assaults and that other executives dumped CBS shares knowing the allegations would emerge, the attorney general's office announced Wednesday.

  • November 02, 2022

    American Airlines Grounds Pilots' Suit Over Military Leave

    A Pennsylvania federal judge has tossed a suit accusing American Airlines of treating military leave differently from time off for jury duty or bereavement, ruling military leave is too distinct and frequent among pilots for it to be considered comparable.

  • November 02, 2022

    3 Appellate Rulings Discrimination Attys Might Have Missed

    A California appeals court ruled that employment firm CDF Labor Law LLP can't push a former equity partner's bias suit into arbitration, and the Seventh Circuit reminded courts not to be too myopic when comparing colleagues as it revived a white worker's race discrimination suit. Here, Law360 catches you up on appeals court rulings that flew under the radar In October.

  • November 02, 2022

    Scrutiny Of Snyder May Lead To Big Money Commanders Sale

    Daniel Snyder's decision to possibly sell the Washington Commanders reaffirms that owners in the NFL and other major American sports leagues will refuse to give up their teams except under extreme circumstances, and experts say the situation illustrates how valuable professional football franchises can be.

  • November 02, 2022

    Ogletree Adds 2 Partners To Ohio, Calif. Offices

    Ogletree Deakins announced Wednesday that it has snapped up two new partners, one of whom will litigate class actions on the West Coast, while the other plans to continue defending employers from disability and discrimination claims in the Midwest.

  • November 02, 2022

    NJ Atty Won't Get Probe Of Ex-Ethics Director's Firing

    A New Jersey judge ruled Wednesday that the recent firing of the head of the state's Office of Attorney Ethics does not justify postponing the trial in a long-running case accusing that office of sex discrimination in order to investigate the removal.

  • November 02, 2022

    4th Circ. Upholds Military's Win In Ex-Worker's Race Bias Suit

    The Fourth Circuit refused Wednesday to revive a suit accusing the U.S. Army of delaying a Black civilian employee's promotion because she complained that co-workers were criticizing her and denying her opportunities because of her race, saying it saw nothing wrong with a trial court's decision to spike the case.

  • November 02, 2022

    Chicago Transit Authority Sued Over Vax Policy Religious Bias

    A former bus operator lodged a proposed class action accusing the Chicago Transit Authority of infringing upon his Christian faith when it fired him after he refused to get a COVID-19 vaccine.

  • November 02, 2022

    1st Circ. Upholds Insurance Co.'s Win In Wrongful Firing Suit

    The First Circuit on Tuesday upheld a ruling tossing claims that an insurance company fired an employee for voicing disagreement with the outcome of a sexual harassment investigation.

  • November 02, 2022

    Retail REIT Accused Of Age Bias By Ex-Leasing Director

    A 66-year-old former employee of a shopping mall real estate investment trust has alleged in Georgia federal court that the company discriminated against him on account of his age by firing him and filling his position with someone 23 years younger.

  • November 02, 2022

    Harvard Stuck With Admissions Suit Tab After Insurance Flub

    Harvard University will have to pay the legal tab it racked up during the affirmative-action case recently argued before the U.S. Supreme Court after a federal judge ruled Wednesday that the school was late in telling Zurich American Insurance Co. about the landmark suit.

  • November 02, 2022

    San Diego State Gets Title IX Aid Suit Trimmed For Now

    A California federal judge tossed the bulk of a proposed class action accusing San Diego State University of awarding female varsity student-athletes less financial aid than their male counterparts, ruling that they hadn't shown they were denied aid because of their gender but that they proved that women's teams were treated unfairly.

  • November 02, 2022

    Ex-Zionist Org. Exec Seeks $1.2M In Whistleblower Bias Suit

    A former executive of a pro-Israel nonprofit organization has asked a New York state court for $1.2 million in damages in a suit alleging he was fired from his job for filing a whistleblower report accusing the organization's leader of racist and misogynistic behavior toward staff.

Expert Analysis

  • 10 DOL Policy And Enforcement Priorities To Expect In 2022

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    This year, it’s likely the U.S. Department of Labor will approach policy and enforcement aggressively, with a focus on issues like employee classification, overtime exemption, Employee Retirement Income Security Act fiduciary duties, and more, say Timothy Taylor and Tessa Tilton at Holland & Knight.

  • Mass. At-Will Termination Gets Complex For Employers

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    The Massachusetts Supreme Judicial Court's recent decision in Meehan v. Medical Information Technology protects at-will employees from termination when they respond to legitimate performance critiques from supervisors in an intemperate and contentious manner, making a no-brainer firing decision much more fraught, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • Regulation Of AI Hiring Tools Is A Work In Progress

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    As the U.S. Equal Employment Opportunity Commission works on guidance for the use of artificial intelligence in hiring and states try to fill in the gaps via legislation, employees and applicants continue to lack the necessary awareness to challenge discrimination caused by these technologies, say Christine Webber and Samantha Gerleman at Cohen Milstein.

  • Avoiding The Most Common Employee-Termination Mistake

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    The recent surprising firing of an NFL head coach brings awareness to the importance of the termination process, making it a good time to consider how managers can ensure an employee isn’t blindsided when terminated for performance issues, which reduces the likelihood that the employee will cry foul, says Kenneth Winkler at Berman Fink.

  • Employer's Agenda: Toyota Counsel Talks Worker Retention

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    Michael Martinez, managing counsel for labor and employment at Toyota Motor North America, discusses how companies and in-house counsel can address the pandemic-related labor shortage, and avoid common pitfalls when implementing wage increases, remote work setups and other well-meaning efforts to attract new workers.

  • What Workplace Class Settlement Trends Mean For 2022

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    2021 saw the value of workplace class action settlements reach an all-time high, and employers should prepare for an increasingly challenging legal environment in the coming year, with more class litigation and higher settlement demands as a determined plaintiffs bar, a pro-labor White House and an ongoing pandemic pave the way for fresh pressures, say Gerald Maatman and Jennifer Riley at Seyfarth.

  • Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

  • What High Court Rulings Mean For Employer Vax Mandates

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    While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

  • Workplace AI Raises Issues Only Legislators Can Address

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    The U.S. Equal Employment Opportunity Commission recently announced plans to study the use of AI in hiring decisions, but the trade-off between accuracy and disproportionate outcomes for protected classes can only be addressed by legislatures, not courts or administrative agencies, says Stephen Fink at Holland & Knight.

  • Settling Bias Claims: Q&A With Lewis Brisbois' Brian Pete

    Excerpt from Practical Guidance
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    Lewis Brisbois partner Brian Pete answers questions from Elias Kahn at LexisNexis about trends in executing settlement and severance agreements for employment discrimination, harassment and retaliation claims.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Top 10 Employer Resolutions For 2022: Part 2

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy continue their discussion of employer priorities for the new year, including plans to mitigate discrimination claims from remote workers, ensure LGBTQ inclusion, adapt vacation policies and more.

  • Top 10 Employer Resolutions For 2022: Part 1

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy discuss how a constantly changing employment law landscape — especially concerning COVID-19 issues — requires employer flexibility when addressing priorities for the new year.