Discrimination

  • December 16, 2022

    4 Huge Discrimination Litigation Developments From 2022

    The U.S. Supreme Court said a public high school football coach could pray on the field after games, the U.S. Soccer Federation agreed to a $24 million settlement with female players, and Google said it would pay $118 million to wrap up a pay equity battle of its own. Here, Law360 reviews four blockbuster developments in discrimination cases in 2022.

  • December 15, 2022

    6th Circ. Affirms Tool Co.'s Win In Race Bias Suit

    A Sixth Circuit panel upheld a tool production company's win Thursday in a former employee's lawsuit alleging he was fired because he is Black rather than because of a safety violation, ruling that the lower court correctly found the worker failed to show white employees were treated differently.

  • December 15, 2022

    Calif. Panel Wary Of Tesla's Bid To Arbitrate Race Bias Suit

    A California state appellate panel expressed doubt Thursday that Tesla could force contractors who later became employees to arbitrate all their claims in a suit accusing the company of tolerating anti-Black harassment, suggesting that allegations stemming from the period before they signed arbitration pacts could be fair game.

  • December 15, 2022

    9th Circ. Backs Order Tossing Skycaps' Age Bias Claims

    Skycaps at Los Angeles International Airport can't move forward with age discrimination claims against their employer and union over the loss of seniority benefits, the Ninth Circuit ruled Thursday, saying federal labor law preempts the workers' allegations.

  • December 15, 2022

    NY AG James, Ex-Aide Khan Sued Over Alleged Sex Assault

    New York Attorney General Letitia James and her former chief of staff Ibrahim Khan were sued in state court Thursday by one of their former aides alleging that she was sexually assaulted by Khan, and that James employed him despite knowing about his history of sexual assault. 

  • December 15, 2022

    Cuomo Can't Probe AG's Denial Of Defense In Trooper's Suit

    A New York state judge on Thursday denied former Gov. Andrew Cuomo's request to investigate the attorney general's decision not to defend him in a state trooper's sexual harassment lawsuit, but the judge questioned whether the AG had "clear-cut" evidence to support denying him a defense.

  • December 15, 2022

    UPS Gets 'Old Boys' Club' Gender Bias Suit Thrown Out

    A California federal judge tossed a suit claiming UPS harbored a company-wide "old boys' club" culture that cost female workers job opportunities and equal pay, faulting the lawsuit for being long on assertions and short on supporting evidence.

  • December 15, 2022

    Rehab Workers Say Bias Coverage Capped At $5M, Not $2M

    A rehabilitation center accused of racial discrimination should have $5 million in coverage instead of the $2 million argued for by its insurer, the employees alleging the discrimination told a Florida federal court, saying an endorsement adds to the coverage limits instead of capping them.

  • December 15, 2022

    Cook Co. Prosecutor Fired For Arrest Conduct, Not Disability

    An Illinois federal judge handed the Cook County state's attorney's office a summary judgment win Thursday in a discrimination lawsuit filed by a former prosecutor who claimed he was fired based on his Parkinson's disease, saying his conduct while being arrested on suspicion of drunken driving failed to comply with office policies.

  • December 15, 2022

    Coca-Cola Distributor Fired Medical Pot Patient, Suit Alleges

    One of the largest distributors of Coca-Cola drinks in the U.S. unlawfully fired an employee after he tested positive during a drug test, even though the employer knew about the worker's medical marijuana prescription, according to a new lawsuit filed in Pennsylvania federal court.

  • December 15, 2022

    Health System Seeks to End Ex-Worker's Gender Bias Suit

    A regional health care system urged an Illinois federal judge to throw out an ex-ultrasound technician's suit alleging he was wrongfully fired after a female patient accused him of inappropriately touching her, arguing he never proved he was treated differently from female colleagues.

  • December 15, 2022

    Report Flags Rampant Abuse Of Pro Women's Soccer Players

    An investigation into U.S. professional women's soccer spearheaded by Covington & Burling LLP and Weil Gotshal & Manges LLP found years of sexual misconduct as well as toxic working conditions in the sport, corroborating the findings of a blockbuster report King & Spalding LLP unveiled this fall.

  • December 15, 2022

    Transparency Drove 2022's Biggest Workplace Bias Bills

    The federal government defied the odds in 2022 with the enactment of two solidly bipartisan bills aimed at protecting victims of workplace sexual harassment, while state and local legislatures continued to greenlight pay transparency bills at a rapid pace. Here, Law360 looks at the legislative efforts that shifted the employment discrimination landscape this past year.

  • December 15, 2022

    NCAA Names Mass. Gov. Charlie Baker As Next President

    Massachusetts Gov. Charlie Baker will succeed Mark Emmert as president of the National Collegiate Athletic Association, the organization announced Thursday.

  • December 14, 2022

    Real Estate Co. Hit With Third Discrimination, Harassment Suit

    Metaverse real estate startup Everyrealm Inc., its parent company Republic Compound LLC and its CEO have been accused of racial discrimination and sexual harassment by a third ex-employee.

  • December 14, 2022

    Rail Dispute Could Spur Executive Order On Paid Sick Time

    Rail unions' high-profile battle for paid sick time shined a spotlight on a gap in federal protections for workers who are ill or need to care for loved ones, attention that experts said could prompt President Joe Biden to take unilateral action.

  • December 14, 2022

    Georgia Agencies Sued For Failure To Cover Trans Benefits

    Four transgender government employees across three departments hit Georgia agencies and several top government officials with an employment discrimination suit in federal court Wednesday, challenging the State Health Benefit Plan's continued denial of gender-affirming care.

  • December 14, 2022

    Ex-Law Firm Employee Seeks Sanctions In Discrimination Suit

    A woman accusing a South Carolina law firm's founding partner of sexual harassment urged a federal court to sanction him and his three businesses, saying on Wednesday that there were no excuses to defy a court's order to obtain new counsel.

  • December 14, 2022

    10th Circ. Says Late Filing Sinks Bias Suit Against Army Corps

    The Tenth Circuit refused Wednesday to revive a former U.S. Army Corps of Engineers cartographer's suit claiming she wasn't allowed to work remotely to help manage her post-traumatic stress disorder, saying she waited too long to file a presuit charge with the U.S. Equal Employment Opportunity Commission.

  • December 14, 2022

    Steel Co. Veto'd Job Offer After Positive Pot Test, Suit Says

    An engineer hit steelmaker Cleveland-Cliffs Inc. with a discrimination suit in Pennsylvania federal court, alleging the company rescinded its job offer after he tested positive for marijuana, in violation of a state law that prohibits employers from refusing to hire people solely based on their medical marijuana use.

  • December 14, 2022

    DOD Asks 11th Circ. To Restore COVID Vax Mandate

    The U.S. Department of Defense on Wednesday asked the Eleventh Circuit to remove a lower court order halting the COVID-19 vaccine requirement for service members, arguing that unvaccinated commanders could diminish the readiness of rapid-response units.

  • December 14, 2022

    Siemens Strikes Deal To End Worker's Vax Mandate Suit

    Siemens Medical Solutions and a former worker who said the company violated her religious rights by firing her after she refused a COVID-19 vaccine have reached a deal to end her lawsuit, according to a federal court filing Wednesday.

  • December 14, 2022

    3rd Circ. Considers Philly Officers' Free Speech Rights

    In a case involving Philadelphia police officers disciplined for racist and violent social media posts, the Third Circuit on Wednesday considered whether police officers forfeit their free speech rights when they put on the badge.

  • December 14, 2022

    Nurse Against Abortion Hits VA With Religious Rights Suit

    A nurse slapped the U.S. Department of Veterans Affairs with a lawsuit asking a Texas federal court to block regulations directing VA facilities to provide abortions, saying that forcing her to participate would violate her religious rights and expose her to possible prosecution.

  • December 14, 2022

    Pa. Pot Patient Says She Was Illegally Fired Over Drug Test

    Construction and civil engineering company BrandSafway Industries illegally fired a Pennsylvania medical cannabis cardholder because of her status as a patient, a lawsuit in state court contends.

Expert Analysis

  • Mental Health Discrimination And Protections At Work: Part 2

    Excerpt from Practical Guidance
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    Jennifer Mathis and Lewis Bossing at Bazelon Center for Mental Health Law, and Sara Frank at Cozen O'Connor, discuss workplace discrimination issues related to psychiatric disabilities, including U.S. Equal Employment Opportunity Commission case law, hiring best practices and concerns related to COVID-19.

  • Employers Face New Risks Under State Anti-Harassment Laws

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    With sexual harassment claims likely to rise as new state laws expand employee protections and in-person work returns, now is a good time for employers to brush up on the legislative trends that may expand their liability and ensure compliance accordingly, say Buena Vista Lyons and Nicole Herron at FordHarrison.

  • Mental Health Discrimination And Protections At Work: Part 1

    Excerpt from Practical Guidance
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    Jennifer Mathis and Lewis Bossing at Bazelon Center for Mental Health Law, and Sara Frank at Cozen O'Connor, examine key considerations for employing people with psychiatric disabilities, as well as legal protections available to employees and job applicants who face discrimination for mental health challenges.

  • How Federal Vaccine Mandate Will Affect Gov't Contractors

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    Daniel Kelly at McCarter & English provides an in-depth look at the Biden administration's federal workplace vaccine mandate, and offers compliance tips for the requirement that federal contractors and subcontractors be fully vaccinated against COVID-19 by Dec. 8, even if they are not working directly on a government contract.

  • 5th Circ. Rulings Guide On Avoiding FMLA Retaliation Claims

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    Two recent Fifth Circuit decisions in Lindsey v. Bio-Medical Applications of Louisiana and Campos v. Steves & Sons highlight the potential consequences for employers that retaliate against workers covered by the Family and Medical Leave Act, as well as administrative best practices, including proper documentation and progressive discipline policies, says Lionel Schooler at Jackson Walker.

  • Job App Compliance As State Fair Hiring Laws Proliferate

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    As more states and localities continue to pass fair hiring laws that bar employers from soliciting certain information from candidates at the prehire stage, businesses may need to eliminate employment application questions related to age, criminal history records, prior salary and more, say Carly Baratt and Nancy Popper at Epstein Becker.

  • Pa. Ruling Reminds Employers To Rethink Cannabis Testing

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    A Pennsylvania state court’s recent decision in Palmiter v. Commonwealth Health Systems joins other state court rulings prohibiting cannabis-related job discrimination, underscoring the need for businesses to develop drug testing policies that account for varying legal nuances and talent-specific considerations, say attorneys at Vorys Sater.

  • LGBTQ Ruling Shows Limits Of Title VII Religious Exception

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    A North Carolina federal court’s recent ruling in Billard v. Charlotte Catholic High School, finding the school unlawfully fired a gay teacher, narrows an exception that allows religious employers to evade Title VII bias claims when the facts point to a wholly secular job description, says Amy Epstein Gluck at FisherBroyles.

  • What Forced Arbitration Ruling Means For Calif. Employers

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    As a result of the Ninth Circuit's surprising, peculiar decision this week in Chamber of Commerce v. Bonta, employers in California once again face the very real prospect of incurring criminal and civil penalties for simply requesting that employees and applicants agree to arbitrate future disputes, says Anthony Oncidi at Proskauer.

  • 3 Lessons From 10th Circ. College Tenure Denial Ruling

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    The Tenth Circuit’s recent decision in Tudor v. Southeastern Oklahoma State University, holding that the school must reinstate a professor who was illegally fired over her transgender status, provides a clear road map for litigating denial of tenure cases, with takeaways for expert witness testimony, judicial deference and available remedies, say Alan Kabat and Devin Wrigley at Bernabei & Kabat.

  • Imposing Insurance Surcharges On Unvaccinated Workers

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    Employers that are not covered by President Joe Biden’s new COVID-19 action plan or that want to further encourage vaccination may consider imposing a health insurance premium surcharge on unvaccinated workers, but compliance with myriad federal, state and local laws must be addressed before raising rates, say attorneys at Reed Smith.

  • Employer Lessons In Avoiding Intersectional Bias Claims

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    Given evolving case law and President Joe Biden’s recent executive order instructing federal agencies to counteract intersectional discrimination, employers should closely scrutinize data collection, training and more to foster inclusive working environments and ward off claims that allege converging biases, say attorneys at Sanford Heisler.

  • How Employers Can Enforce Compliant Vaccine Mandates

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    Attorneys at Epstein Becker lay out the practical considerations for employers enforcing vaccine mandates, explaining compliance measures under the Americans with Disabilities Act and Title VII, and how factors like industry, geography, workspace design and customer interaction should determine a company’s approach.