Discrimination

  • November 02, 2022

    Amazon Seeks 2nd Circ. Appeal In Military Leave Suit

    Amazon told a New York federal court that the Second Circuit should review an August decision denying dismissal of a suit alleging the company treated military leave differently than other paid leaves, arguing that military leave is distinct from other types of leave.

  • November 02, 2022

    Ex-Emory Exec Says CFO Discrimination Drove Retirement

    A former Emory Healthcare executive alleges she endured years of harassment and retaliation from the hospital chain's top financial officer, behavior the company allowed to persist that eventually forced her into early retirement, according to a discrimination lawsuit filed in Georgia federal court.

  • November 02, 2022

    Calif. Pay Equity Law May Resonate Outside The State, Too

    California's new law requiring employers to include estimated salary ranges in job ads will directly impact applicants who will work in that state, and could have ripple effects beyond its borders, experts told Law360.

  • November 02, 2022

    Dan Snyder Confirms He's Looking At Selling Commanders

    Washington Commanders owner Daniel Snyder said Wednesday that he has hired an outside financial firm to "consider potential transactions," an announcement that comes as Snyder faces mounting pressure from investigations by Congress and the NFL into sexual harassment and a toxic workplace environment, as well as from fellow team owners who have been critical of his actions.

  • November 01, 2022

    FedEx Doubts It'll Have To Pay Full $366M Retaliation Verdict

    FedEx said Tuesday that it doesn't anticipate paying the full $366 million awarded to a Black former saleswoman who said she was disciplined and eventually fired by the company because of her race, according to a filing with the U.S. Securities and Exchange Commission.

  • November 01, 2022

    6th Circ. Won't Revive Michigan Officers' Retaliation Suits

    The Sixth Circuit refused on Tuesday to reopen several suits alleging the Michigan State Police demoted, refused to promote or fired white officers because they complained about efforts to diversify the police force, saying the officers' complaints weren't protected by federal civil rights law.

  • November 01, 2022

    Staff Say Texas County DA Office Is A 'Misogynistic Fraternity'

    A Texas county’s criminal district attorney allegedly made unwanted sexual advances toward female employees while the second-highest ranking prosecutor in the office created a “misogynistic fraternity” environment which included hazing, six employees claimed.

  • November 01, 2022

    U. of Wash. Says Prof's Views Don't Belong In School Docs

    The University of Washington urged a Seattle federal judge Monday to toss a professor's claims he suffered retaliation after opposing the university's suggestion that syllabi acknowledge the Indigenous inhabitants of the land where the school is located, saying he's free to express political views outside of official school documents.

  • November 01, 2022

    4 Ways COVID-19 Reshaped Employees' Expectations

    Many adjustments businesses made to weather the COVID-19 pandemic have drastically changed what workers expect from employers, experts say. Here are four things employees will be looking for as U.S. workplaces forge ahead with the new normal.

  • November 01, 2022

    EEOC Pushes 9th Circ. To Keep Calif. Out Of Activision Suit

    The U.S. Equal Employment Opportunity Commission has urged the Ninth Circuit to reject California's request to intervene in a sexual harassment case against Activision Blizzard that ended with an $18 million settlement, arguing that the state presented only speculative concerns about the deal.

  • November 01, 2022

    Kean Miller Wraps Up File Clerk's Race Discrimination Suit

    Louisiana and Texas firm Kean Miller LLP has settled claims of racial discrimination, including a "Juneteenth fried chicken celebration," brought by a Black former file clerk who left the firm in 2021.

  • November 01, 2022

    EEOC Jumped The Gun On Atty Fee Bid, Red Roof Says

    A U.S. Equal Employment Opportunity Commission bid for attorney fees stemming from efforts to get documents in a disability bias suit should fail because the EEOC never conferred with Red Roof Inns before seeking court intervention, the hotel chain told an Ohio federal judge.

  • November 01, 2022

    Real Estate Co. Says Racial Bias Suit Doesn't Stand

    Real estate company The RMR Group LLC wants a suit that was initiated by a former Black employee accusing the company of racial discrimination and unlawful termination tossed, arguing the employee signed an arbitration agreement and can't bring the issue to court. 

  • November 01, 2022

    Ala. County DA Dodges Black Ex-Worker's Retaliation Suit

    An Alabama county district attorney won't have to face a suit alleging he fired a Black employee because she complained about race discrimination, after a federal judge said too much time passed between her complaint and firing to show the events were connected.

  • October 31, 2022

    Key Moments From Justices' Affirmative Action Hearings

    Monday's marathon Supreme Court hearings on the fate of affirmative action touched on fundamental questions ranging from what it means to be an American, to more Supreme Court-focused concerns like potential implications for hiring clerks and the dearth of female high court advocates. Here, Law360 recaps the key moments from the most closely watched cases of the term.

  • October 31, 2022

    Wells Fargo Says SEC Probing Its Hiring Practices

    Wells Fargo revealed Monday that the U.S. Securities and Exchange Commission is investigating its hiring practices, just months after the U.S. Department of Justice opened its own investigation.

  • October 31, 2022

    High Court 'Counting The Years' Until Affirmative Action's End

    A handful of words in a landmark U.S. Supreme Court decision could give the current high court an avenue to end the use of race in college admissions, experts told Law360 as they pointed to the justices' interest in affirmative action's purported sunset day.

  • October 31, 2022

    Kent State Can't Dodge Field Hockey Coach's Wage Bias Suit

    Kent State University must face a suit accusing it of paying its field hockey coach less than several male coaches because of her sex, after an Ohio federal judge said it should be left to a jury to decide whether the coaches had similar responsibilities.

  • October 31, 2022

    Ex-Union Officer Loses Membership Bid, Keeps Jury Win

    A Washington, D.C., federal judge on Monday tossed what remained of a former American Federation of Government Employees officer's suit to restore his standing, days after the D.C. Circuit upheld the official's $100,000 jury win in a separate bias suit over his 2017 ouster.

  • October 31, 2022

    3rd Circ. Finds No Bias Against Verizon Worker Hurt In Crash

    A former Verizon employee working from home after being injured in a car crash can't revive her claims she was wrongly fired because of her injury, given that a court found she'd been a poor performer at her job even before she was hurt, a Third Circuit panel ruled Monday.

  • October 31, 2022

    EEOC Disavows Ex-GC's Warnings About Abortion Travel

    The U.S. Equal Employment Opportunity Commission said its former general counsel was expressing personal views and not agency positions when she warned that the EEOC might sue employers if they provide assistance to workers seeking abortions but not other medical procedures.

  • October 31, 2022

    Music Prof Says Remote Work Denial Violated ADA

    A retired music professor with chronic respiratory issues has slapped Georgia State University with a federal lawsuit, saying the school violated disability bias law when it refused to let him teach remotely from California.

  • October 31, 2022

    Enforcing Vax Mandate Caused Distress, CBP Supervisor Says

    The Biden administration's COVID-19 vaccine mandate for federal employees improperly forced managers to enforce a policy they found discriminatory and unconstitutional, a U.S. Customs and Border Protection supervisor said in a suit filed in California federal court.

  • October 31, 2022

    Ex-Worker Can Pursue Gender Bias Claim Against Amazon

    A former employee who has accused Amazon Digital Services of firing her for taking time off that is permitted under Washington's Domestic Violence Leave Act can also pursue her claim of gender discrimination, a Washington state judge has ruled.

  • October 31, 2022

    Fired Dollar General Worker's FMLA Claim Cleared For Trial

    A former Dollar General warehouse employee won the green light to go to trial on her claim that the company sacked her for taking time off under the Family and Medical Leave Act, as an Indiana federal judge found that the worker brought enough evidence to merit a jury's review.

Expert Analysis

  • What Employers Should Note In 6th Circ. Age Bias Ruling

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    The Sixth Circuit’s recent decision in Sloat v. Hewlett-Packard, holding that a jury should decide whether a former employee’s termination was motivated by age discrimination, includes several important lessons for employers with regard to influenced decision makers, as well as email and pretextual evidence, says Cayman Caven at Burr & Forman.

  • 10 Developments That Shaped Employment Law In 2021

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    Attorneys at Proskauer count down 10 of the most influential employment law developments of the year, each of which is profoundly affecting employers' risk calculations and workplace practices with their employees, with California becoming an even more challenging jurisdiction.

  • Courts Must Recognize Title VII 'Terms And Conditions' Claims

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    For too long, courts have narrowly interpreted Title VII by categorically dismissing claims of discrimination in terms, conditions and privileges of employment, but recent cases have produced hopeful momentum toward changing the long-standing, extratextual doctrines that have failed to enforce the statute's promise to eradicate workplace discrimination, says Carolyn Wheeler at Katz Marshall.

  • Employer Retaliation Refresher In Light Of EEOC Virus Update

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    A recent update to the U.S. Equal Employment Opportunity Commission’s COVID-19 technical guidance clarifies that anti-retaliation principles apply to pandemic-related discrimination complaints, presenting employers with an opportunity to reprise some fundamental risk management practices, says Kenny Broodo at Foley & Lardner.

  • Employer Best Practices For Biometrics Compliance: Part 2

    Excerpt from Practical Guidance
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    Attorneys at Hunton outline the major court rulings affecting companies’ use of employee biometric information as well as proposed legislation in this arena, and provide guidance on audits, third-party agreements, training and more.

  • Employer Best Practices For Biometrics Compliance: Part 1

    Excerpt from Practical Guidance
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    As the legal landscape shifts around technology that allows companies to collect their employees' biometric information for purposes like timekeeping and security, employers must understand their obligations under state and federal law regarding consent, retention and more, say attorneys at Hunton.

  • Cannabis Ruling Guides Pa. Employers On Bias Claims

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    A Pennsylvania federal court’s recent decision in Reynolds v. Willert Manufacturing exemplifies how employers may overcome workers’ discrimination claims under the state’s Medical Marijuana Act, but companies should pay close attention to compliance as more cities and states bar preemployment cannabis testing, say Ruth Rauls and Matthew Smith at Saul Ewing.

  • 9th Circ. Jurisdiction Ruling Guides On Class Action Strategy

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    The Ninth Circuit's recent decision revoking class certification in Moser v. Benefytt punted on personal jurisdiction questions left by the U.S. Supreme Court’s Bristol-Myers decision, but provides some guidance on how to raise jurisdictional defenses in nationwide class actions, say attorneys at Dechert.

  • What Employers Should Know About Title VII Carveout Ruling

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    Despite a recent Texas federal court decision in Bear Creek v. U.S. Equal Employment Opportunity Commission granting a religious exception to LGBTQ workers' Title VII rights, the odds of a flood of similar defenses are slim, and employers should take heed that arguing for religious exceptions remains an expensive gamble, say Heather Sherrod and Shauna Clark at Norton Rose.

  • 5 Tips For Navigating The Vax-Or-Test Mandate

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    To help implement the long-awaited, but potentially fluid, COVID-19 emergency temporary standard detailing the federal vaccine-or-testing mandate, big employers should consider a series of strategies that balance flexibility with preparedness, say attorneys at Greenwald Doherty.

  • Case Law, EEOC Guidance Bolster Employer Vax Mandates

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    Despite legal and logistical challenges presented by employees not vaccinated against COVID-19, recently updated guidance from the U.S. Equal Employment Opportunity Commission, as well as court decisions skeptical of workers’ efforts to avoid inoculation, provide ample support for companies that choose to issue mandates, say Sarah Turner and Robert Gillette at Gordon Rees.

  • NFL Should Have Monitored Emails To Prevent Hate Speech

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    The National Football League, now facing the fallout from recent reports that power brokers used hate speech in emails going back decades, should have taken proactive steps to monitor and police workplace communications, because all employers must weed out such discriminatory behavior — starting at the top, says Arash Homampour at the Homampour Law Firm.

  • Employer Lessons From Facebook's Anti-US Bias Settlement

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    After Facebook’s recent record-setting settlement with the U.S. Departments of Justice and Labor addressing allegations of hiring discrimination that favored visa holders over U.S. workers, employers that process permanent labor certifications should review their recruitment methods for potential Immigration and Nationality Act liability, say attorneys at Faegre Drinker.