Discrimination

  • January 03, 2023

    Divided 11th Circ. Upholds Transgender Bathroom Ban

    The full Eleventh Circuit upheld a Florida school board's policy requiring transgender students to use bathrooms that correspond to their assigned sex at birth, reversing decisions from a district court and two appellate panels that found the rule unconstitutional.

  • January 03, 2023

    Ex-Lab Manager Says Takeda Unit Allowed Bias, Retaliation

    A Hispanic former employee of a unit of Takeda Pharmaceutical Co. has accused it of discriminating against her during her time as a senior manager of laboratory operations, saying she was excluded from key meetings and fired for piping up about discriminatory disciplinary practices at the company.

  • January 03, 2023

    Littler Adds 2 Attorneys In San Francisco

    Littler Mendelson PC is starting the new year by expanding its San Francisco team, announcing Tuesday that it has added two attorneys — litigators from Buty & Curliano LLP and Roxborough Pomerance Nye & Adreani LLP.

  • January 03, 2023

    'Poorest' Atty Performance Triggers Ethics Referral

    After what he called "the poorest performance by an attorney" he has seen in a dozen years on the bench, a Chicago federal judge concluded that a plaintiffs lawyer with a history of "deficient representation" should face a disciplinary probe and potential disbarment from the district court.

  • January 03, 2023

    Federal Law Overrides Ex-UPS Driver's Unpaid Break Claim

    A Kansas federal judge tossed a former UPS driver's claim that the delivery service violated state wage law by failing to pay him for meal breaks, ruling that the claim falls under jurisdiction of federal law because it requires analysis of the worker's collective bargaining agreement.

  • January 03, 2023

    10th Circ. Says Fired Walmart Worker's Suit Is A Rehash

    A Tenth Circuit panel refused Tuesday to reinstate a former Walmart employee's lawsuit claiming the company unlawfully fired her for unexcused absences after denying her medical leave, saying her allegations already had been dealt with in a prior case.

  • January 03, 2023

    Ex-Law Firm Worker Settles Sex Harassment, Bias Claims

    A former worker who accused an office manager at Parnas & Associates PC of sexual harassment settled with the law firm and others for an undisclosed amount in New York federal court last week.

  • January 03, 2023

    Pa. Hotel Can't Trim Job-Seeker's Drug Discrimination Suit

    A Pennsylvania hotel can't duck potential punitive damages for a job applicant's claim that it discriminated against her by rejecting her after she disclosed that she was on a methadone treatment, a federal magistrate judge found.

  • January 03, 2023

    McDermott Accused Of Disability Bias In Firing Tech Trainer

    A former employee of McDermott Will & Emery LLP has accused the firm of disability discrimination for demanding that he return to in-person work despite his multiple sclerosis and firing him when he refused, according to a new lawsuit.

  • January 03, 2023

    Discrimination Attorneys Should Watch These Jan. Arguments

    The full Fifth Circuit will consider easing an employer-friendly rule governing bias claims and the Second Circuit will scrutinize nearly $160,000 in sanctions handed down against a nurse and her lawyer for fabricating evidence in a harassment case. Here, Law360 looks at five sets of oral arguments slated for this month that discrimination lawyers should have on their radar.

  • January 02, 2023

    Illinois Legislation To Watch In 2023

    Legislation taking effect this year in Illinois includes changes to leave law with which Prairie State employers should be ready to comply, which attorneys say reflects a growing trend to give employees more time off to deal with personal crises.

  • January 02, 2023

    4 EEOC Cases To Watch In 2023

    A groundbreaking U.S. Equal Employment Opportunity Commission suit challenging an automated hiring tool that allegedly screened out older applicants tops the list of agency suits discrimination lawyers will be keeping tabs on in the new year. Here, Law360 looks at four EEOC cases to watch in 2023.

  • January 02, 2023

    Discrimination Legislation And Regulations To Watch In 2023

    The U.S. Equal Employment Opportunity Commission may finalize long-stalled guidance on harassment and revisit hot-button topics like artificial intelligence and pay data, while Congress could tackle bills that would beef up protections for workers who have caregiving responsibilities. Here, Law360 looks at legislative and regulatory developments that discrimination lawyers should watch for in the new year.

  • January 02, 2023

    5 Cases Discrimination Lawyers Should Watch In 2023

    The U.S. Supreme Court will hand down decisions in closely watched cases on affirmative action in higher education and companies' ability to deny services to LGBTQ customers, plus trial is finally set to begin in a long-running sex bias class action against Goldman Sachs. Here, Law360 examines the battles that discrimination attorneys should have on their radar in the new year.

  • January 02, 2023

    Discrimination Cases Against Law Firms To Watch In 2023

    Jones Day, Davis Polk and Levi & Korsinsky are among the legal industry players embroiled in discrimination and harassment cases brought from within their ranks that will see major developments in the coming year. Here, Law360 looks at five ongoing employment suits against law firms worth keeping track of in 2023.

  • December 23, 2022

    Congress Sends $1.7T Spending Deal To Biden

    The U.S. House of Representatives voted 225-201 on Friday to pass a $1.7 trillion spending package funding the government through September and approving a number of last-minute policy agreements at the end of the congressional session.

  • December 22, 2022

    7th Circ. Backs Firefighters' Lobbying Retaliation Injunction

    The Seventh Circuit upheld a preliminary injunction rolling back an Indiana city's overhaul of its firefighters' schedules, with a majority of a three-judge panel backing a union's claim that the mayor engineered the change to punish the firefighters for lobbying the city council for raises.

  • December 22, 2022

    Anheuser-Busch Strikes Deal To End Worker's Retaliation Suit

    Anheuser-Busch has agreed to settle the remaining claims in a worker's retaliation lawsuit alleging she was stripped of her union steward duties after she complained of discrimination and filed a claim for workers' compensation, the parties said Thursday.

  • December 22, 2022

    ConEd, Former Worker Agree To End Bias Suits

    Consolidated Edison Co. and a former employee agreed Thursday to end two related suits, putting to rest a 6-year-old suit in New York federal court alleging the energy company engaged in retaliation and discrimination on the basis of race and gender.

  • December 22, 2022

    Twitter Says Disability Bias Played No Part In Layoffs

    Twitter told a California federal court to toss a proposed class action claiming recent layoffs and CEO Elon Musk's demands for long hours and an immediate return to the office violated disability discrimination laws, arguing that workers have failed to show people with disabilities were treated differently.

  • December 22, 2022

    Cleaning Co. Settles EEOC Sex Harassment Probe

    A Washington state-based janitorial services company has agreed to compensate a custodian who filed a complaint with the U.S. Equal Employment Opportunity Commission alleging the company failed to step in when a supervisor sexually harassed her, the agency said Thursday.

  • December 22, 2022

    Senate Passes $1.7 Trillion Spending Bill With Policy Riders

    The U.S. Senate voted Thursday to pass a massive $1.7 trillion bill funding the government through September ahead of a looming deadline this week, approving a package that included a number of last-minute agreements and policy preferences at the end of the congressional session.

  • December 22, 2022

    2nd Circ. Affirms Dismissal Of NYC Teacher's Bias Suit

    The Second Circuit upheld the New York City education department's win Thursday in a teacher's disability and religious bias suit, finding she hadn't shown that discipline and criticism she received on the job stemmed from her health issues or religious views.

  • December 22, 2022

    Fired NJ Pipeline Co. Workers Launch Race, Wage Claims

    A pipeline infrastructure management firm subjects its workers to racist abuse, underpays them and fires those who stand up for themselves, three ex-employees alleged in a suit filed in New Jersey state court.

  • December 22, 2022

    Fisher Phillips Continues Philly Growth With New Litigator

    Labor and employment firm Fisher Phillips has expanded its Philadelphia office with the addition of a litigator with a decade of experience representing companies in workplace law disputes.

Expert Analysis

  • 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.

  • 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.