Discrimination

  • 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.

  • 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.

Expert Analysis

  • 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.

  • Walmart Deal Could Signal New Wave Of Military Leave Claims

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    While commercial airlines have faced the brunt of paid leave claims under the Uniformed Services Employment and Reemployment Rights Act, Walmart’s recent $10 million class action settlement may represent the beginning of a second wave of military leave lawsuits against nonairline companies with certain risk factors, says Joe Skinner at Husch Blackwell.

  • EEOC Enforcement Activity Spike Points To A Busy 2022

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    The number of lawsuits filed by the U.S. Equal Employment Opportunity Commission in fiscal year 2021 increased back to prepandemic levels, signaling to employers an increase in agency aggressiveness and the potential for one of the busiest enforcement years ever in 2022, say attorneys at Seyfarth.

  • Calif. NDA Law May Have Surprising Effect On Settlements

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    California's recently enacted Silenced No More Act, which expands restrictions on confidentiality and nondisparagement provisions in workplace discrimination settlements, will likely broaden employee protections in several unexpected ways that could reach beyond the statute's primary intentions, say William Jhaveri-Weeks and Ally Girouard at The Jhaveri-Weeks Firm.

  • Tesla Race Harassment Verdict Is A Warning To Employers

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    A California federal jury’s recent $137 million verdict in favor of a Black former Tesla subcontractor sends a clear message to all employers: Serving as a joint employer does not provide a loophole to avoid liability for racial harassment claims, says Aimee Schnecker at Obermayer Rebmann.

  • Avoiding Preemployment Pitfalls In A Hot Job Market

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    In light of the pandemic’s turbulent effect on the labor market, employers may want to pay careful attention in preemployment negotiations to avoid liability exposure during verbal discussions and when drafting written agreements, says Travis Tatko at Capell Barnett.

  • State Actions Put Federal Contractors In COVID Vaccine Bind

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    As state-level efforts — such as an executive order in Texas and a new law in Arkansas — aim to counteract President Joe Biden’s COVID-19 vaccination mandates, government contractors are caught in a whipsaw because complying with both sets of requirements is not possible, says Karla Grossenbacher at Seyfarth.

  • Handling Vaccine Religious Exemptions In The COVID Era

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    Attorneys at Reed Smith answer employers’ top questions about religious exemptions for COVID-19 vaccine requirements, including how such requests differ from medical accommodations, whether it's appropriate to question an employee's sincerity, and how to handle inquiries based on nontraditional belief systems.

  • Activision Gender Bias Probe Is A Cautionary Tale

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    Activision's recent $18 million settlement with the U.S. Equal Employment Opportunity Commission is an example to all human resource and executive leaders of the consequences if they do not take the necessary steps to ensure that their workplaces are free from gender bias, say Thomas Eron and Theresa Rusnak at Bond Schoeneck.

  • How Health Care Cos. Can Untangle Web Of Vaccine Mandates

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    While health care companies anxiously await further guidance from various federal agencies on overlapping COVID-19 vaccine mandates, there are several steps industry employers can take to tackle the compliance conundrum and prepare for accommodation requests, staffing shortages and other likely challenges, say attorneys at K&L Gates.

  • AI Hiring Tools Could Draw Increased EEOC Scrutiny

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    Given the U.S. Equal Employment Opportunity Commission’s recent suggestion that commissioner charges may be used to investigate artificial intelligence hiring tools, employers should take several steps to ensure their use of AI complies with Title VII and the Americans with Disabilities Act, say Daniel Butler and Kevin White at Hunton.

  • Virus ADA Ruling May Prove To Be Double-Edged Sword

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    While a Pennsylvania federal court recently held in Matias v. Terrapin House that an employer illegally fired its worker for regarding her as disabled after she tested positive for COVID-19, the judge’s reasoning relied on outdated Americans with Disabilities Act case law, so plaintiffs should be careful when citing its authority, says Jonathan Mook at DiMuroGinsberg.