Discrimination

  • December 22, 2022

    Hodgson Russ Chooses 6 Buffalo Attys To Become Partners

    Hodgson Russ LLP said Wednesday that it had chosen six attorneys from its Buffalo office to become partners at the beginning of 2023.

  • December 22, 2022

    Proposal Would Halt Weakening Of NYC Workers' Protections

    New York City Council member Lincoln Restler introduced legislation Wednesday that would stop employers from making workers sign contracts that shorten the statute of limitations to file claims and complaints of unlawful discriminatory practices, harassment or violence, and commence civil actions.

  • December 22, 2022

    EEOC Can't Score Pretrial Win In Trucking Co. ADA Suit

    A Colorado federal judge refused to hand the EEOC a pretrial win in a long-running Americans with Disabilities Act lawsuit claiming a Denver-based trucking company's policies prevent people with disabilities from being hired or returning to work, saying a jury needs to sort out myriad factual disputes.

  • December 22, 2022

    Ex-Worker Says Disney World Fired Her For Mask Refusal

    A former Disney World employee filed a religious bias lawsuit in Florida federal court accusing the company of blowing off her request for an exemption to Disney's COVID-19 vaccination mandate and firing her when she refused to wear a mask at work.

  • December 22, 2022

    US Women's Soccer Rebuts Hope Solo's Atty Fee Objections

    The U.S. women's national soccer team urged a California federal judge to reject former player Hope Solo's bid to ax the team's request for $6.6 million in attorney fees, saying the requested fee was reasonable and her objection should not fare any better than her previous complaints.

  • December 22, 2022

    Employers Weigh Emoji Bans To Curb Bias, Harassment Suits

    Emojis are popping up more often in workplace discrimination and harassment cases, prompting some employment lawyers to advise their clients to ban their use altogether in the office.

  • December 22, 2022

    Congress Adds Pregnant Workers Bill To Spending Package

    The U.S. Senate voted Thursday to attach a bill to a pending $1.7 trillion spending package that would require employers to offer the type of accommodations already mandated for disabled workers to pregnant employees. 

  • December 21, 2022

    Wells Fargo Defeats Ex-Trader's Wrongful Termination Suit

    A California state court has sided with Wells Fargo in a former trader's suit alleging that the bank wrongfully sacked him because he planned to flag its purportedly problematic Foreign Exchange compensation program, ruling that the evidence shows Wells Fargo had "independent, legitimate reasons to terminate him."

  • December 21, 2022

    Veteran Hits Palm Beach County With Discrimination Suit

    An ex-staffer for Palm Beach County, Florida's senior and veterans' services department accused the county on Wednesday of fostering a discriminatory work environment and firing her in retaliation for complaining about the abuse she and her co-workers received.

  • December 21, 2022

    Fired Host Secures Partial Win In EEOC Pregnancy Bias Suit

    A Kansas federal judge ruled Wednesday that a former host at a Wichita restaurant did enough to secure another job after she was fired, siding with the U.S. Equal Employment Opportunity Commission in its pregnancy bias suit against the eatery.

  • December 21, 2022

    Judicial Aide Says NY Court System Silenced Her Rape Claim

    A New York state court employee accused the court system Wednesday of conspiring to protect a judge she claims sexually assaulted and harassed her for years, adding claims under the Adult Survivors Act to her advancing federal civil rights lawsuit.

  • December 21, 2022

    Insurance Co. Strikes Deal To End EEOC Retaliation Suit

    An insurance company has agreed to pay $67,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging it unlawfully suspended a Black worker after she complained to the agency that she had faced race discrimination.

  • December 21, 2022

    Fox Rothschild, Ex-Aide Settle Sex Harassment Suit

    Fox Rothschild LLP wrapped up a lawsuit Wednesday from a former aide who claimed the firm ignored her complaints that one of its then-associates sent her lewd text messages and tried to rape her.

  • December 21, 2022

    Top Government Contracts Cases Of 2022

    Law360 reviews seven of the highest-profile government contracts-related cases from 2022, including a circuit court decision calling into question a long-held principle of procurement law and another establishing jurisdiction for challenges of prototype deals.

  • December 21, 2022

    Ex-Spa Worker Hits Hershey With Leave Accommodation Suit

    A former esthetician for Hershey accused the entertainment and resort company of refusing to accommodate her schedule so she could care for her son who suffered a seizure and wrongly interpreting her seeking jobs elsewhere as a resignation.

  • December 21, 2022

    The 6 Biggest 1st Circ. Rulings Of 2022

    2022 saw the nation's smallest federal court of appeals weigh in on thorny employment issues, a Black Lives Matter face mask lawsuit, and a novel criminal prosecution against a state court judge.

  • December 21, 2022

    How A BigLaw Probe Led To A Record NBA Franchise Sale

    A little over a year after an explosive November 2021 report spotlighting allegations of racism and misogyny by Robert Sarver led to a BigLaw investigation of the Phoenix Suns' owner, Sarver sold both the Suns and the WNBA's Phoenix Mercury this week. Here, Law360 breaks down the path that led to Sarver selling his teams for a record $4 billion.

  • December 21, 2022

    NYC Firm Wants Ex-Receptionist's Sex Bias Suit Tossed

    A New York City law firm told a federal judge Wednesday to toss a former receptionist's suit claiming she was fired after reporting to a founding partner that an associate had tried to rape her, arguing that she failed to show her accusation caused her termination.

  • December 21, 2022

    Cake Decorator Wants 2nd Circ. To Revive COVID Leave Suit

    A former cake decorator asked the Second Circuit to revive her suit alleging Rich Products fired her for requesting sick leave when she had a suspected COVID-19 case in early 2020, arguing that due to the pandemic her illness should be reevaluated as sufficiently serious to afford her leave.

  • December 21, 2022

    NY Adopts Statewide Pay Transparency Law

    New York became the latest state to mandate that employers disclose salary ranges in advertisements for jobs and promotion opportunities under a new law that Gov. Kathy Hochul signed Wednesday, following in the footsteps of Colorado, California and other states that have recently adopted similar requirements.

  • December 20, 2022

    Spirit Airlines Wants Out Of Flight Attendants' FMLA Suit

    Spirit Airlines urged a Florida federal judge to toss two flight attendants' lawsuit alleging its medical leave policy violates the Family and Medical Leave Act, saying the workers' argument is based on the faulty claim that the airline's leave policy is identical to one under a collective bargaining agreement.

  • December 20, 2022

    1st Circ. Backs Dismissal Of Teacher's Union Bias Suit

    A public school teacher lost her appeal of a district court's decision dismissing her retaliation, defamation and First Amendment claims related to her union activities, the First Circuit ruled, saying the lower court did not err when it sided with a Massachusetts town and its school officials.

  • December 20, 2022

    Red Roof Inn Strikes Deal In EEOC Disability Bias Suit

    Red Roof Inn will pay an employee $40,000 to resolve a suit brought by the U.S. Equal Employment Opportunity Commission in Ohio federal court alleging the company blocked an employee from a promotion because he is blind, according to a Tuesday filing.

  • December 20, 2022

    DC Council OKs Bill Expanding Domestic Worker Protections

    The Council of the District of Columbia unanimously passed a bill Tuesday that would expand employment protections for domestic workers, including anti-discrimination and fair pay protections.

  • December 20, 2022

    Raytheon Settles Ex-Manager's Age, Disability Bias Suit

    Raytheon Technologies Corp. agreed Tuesday to resolve a former program manager's suit claiming he was fired because of his age and his need to take time off after a cancer diagnosis, according to a filing in Indiana federal court.

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.