Discrimination

  • September 23, 2022

    Court Tosses Fired Cardiologist's Claims Of Gender Bias

    A New York federal judge tossed a cardiologist's lawsuit claiming he was fired because of false reports that he refused to work with female lab technicians, finding concerns about his qualifications existed even before anyone complained.

  • September 23, 2022

    NY Forecast: Police Academy Retaliation Suit At 2nd Circ.

    The Second Circuit on Sept. 30 will consider a former New York police contractor's lawsuit claiming his contract at a police academy was not renewed because he reported concerns about improper conduct in public safety certification programs. Here, Law360 looks at that case and other major labor and employment cases on the docket in the state.

  • September 23, 2022

    Calif. Forecast: Airline Food Workers Seek $3.9M Wage Deal

    In the coming week, attorneys should watch for initial settlement approval in a proposed wage and hour class action against a pair of entities behind an airline catering company. Here's a look at that case and other labor and employment matters coming up in California.

  • September 23, 2022

    Another Constangy Brooks Atty Jumps To Fox Rothschild

    Fox Rothschild LLP has recruited another Constangy Brooks Smith & Prophete LLP labor litigator to join its employment practice as counsel in its San Francisco office.

  • September 22, 2022

    Tesla Countersues Calif. Agency Over Race Bias Claims

    The California Civil Rights Department's lawsuit that alleges widespread anti-Black harassment at a California Tesla Inc. factory is based on "underground rulemaking," in violation of state law, Tesla said in a countersuit against the agency Thursday.

  • September 22, 2022

    Chicago Urges Court Not To Revive Genetic Bias Damages Bid

    The city of Chicago told an Illinois federal judge that workers cannot restore claims for cash damages in their suit alleging that a city wellness program violated federal genetic discrimination law, saying the workers' bid to reinstate the claims is untimely and baseless.

  • September 22, 2022

    Rise In Remote Work May Help More Blind Workers Get Hired

    Blind Americans still face obstacles when it comes to finding work, but the pandemic-inspired shift toward telework and advances in technology mean employers have more opportunities than ever to bring on visually impaired employees. Here are three things employers can do to attract and retain them.

  • September 22, 2022

    Wash. High Court Mulls Alaska Air Family Leave Ruling

    Washington's Supreme Court on Thursday wrestled with ambiguous language in the state Family Care Act as justices tried to determine whether an Alaska Airlines flight attendant should have been able to use vacation leave at the last minute to care for a sick child, even when she had scheduled the vacation time for months in the future.

  • September 22, 2022

    Texas Ex-Professor Settles Microaggression Critique Suit

    The University of North Texas and a former professor told a Texas federal judge on Thursday that they had settled the professor's lawsuit alleging he was fired for criticizing the concept of microaggressions and refusing to apologize.

  • September 22, 2022

    Former Ga. City Employee Reaches Deal In Retaliation Suit

    A former equal opportunity director for Augusta, Georgia, and her employer reached a settlement in a retaliation suit over her termination, which went to the Eleventh Circuit after a federal judge found that she wasn't engaging in protected activity.

  • September 22, 2022

    MLB Umpire Refutes League's Claims Of Poor Performance

    A Cuban-born Major League Baseball umpire accused the league of cherry-picking incidents of poor behavior to explain why he wasn't promoted or given opportunities to officiate the World Series, telling the Second Circuit that he had a positive record of feedback but was passed over because of his race.

  • September 22, 2022

    Ex-Cop Fired After Bipolar Diagnosis Loses ADA Bias Suit

    An Illinois federal judge ruled that a former Chicago-area police officer was not discriminated against when he was removed from his job after he was diagnosed with bipolar disorder, granting judgment in favor of his ex-employer and shuttering the suit.

  • September 22, 2022

    Bias Suit Accuses Amazon Of Refusing To Hire Sex Offenders

    A registered sex offender sued Amazon and a background check provider in California federal court, alleging the companies illegally used information about his past rape conviction to deny him a job in one of the online retail giant's fulfillment centers.

  • September 22, 2022

    Fed. Circ. Upholds Air Force's Win In Pension Deposit Dispute

    The Federal Circuit on Thursday shut down a civilian Air Force employee's challenge to a requirement that he pay a deposit each time he takes military leave in order to receive credit toward retirement, ruling the obligation does not violate a law protecting service members from discrimination.

  • September 22, 2022

    2nd Circ. Won't Revive NYU Langone Worker's Retaliation Suit

    The Second Circuit on Thursday rejected an appeal by a former worker for New York University Langone Hospitals who sought to revive her suit claiming she was fired for helping a co-worker sue NYU Langone for sexual orientation bias, saying she hadn't linked her termination to assisting her colleague.

  • September 22, 2022

    SEIU Local 32BJ Escapes Member's Grievance Bias Suit

    A Service Employees International Union local has defeated litigation claiming it violated anti-discrimination laws by taking an Albanian member's grievance to arbitration while tabling a Hispanic member's similar grievance, with a New York federal judge saying the union supported its argument that a non-discriminatory reason motivated its choice.

  • September 22, 2022

    EEOC Republicans Force Vote On Putting Plan In Fed Register

    The U.S. Equal Employment Opportunity Commission's members clashed at a meeting Thursday over a vote to publish the agency's enforcement plan in the Federal Register, which would open up the comments the agency receives on the proposal to public view.

  • September 22, 2022

    Security Worker Illegally Fired After Heart Attack, EEOC Says

    A security firm violated federal age and disability bias laws by firing an employee after he had a heart attack and replacing him with a much younger worker, the U.S. Equal Employment Opportunity Commission said in a suit filed in New York federal court.

  • September 22, 2022

    Calif. Ban On Forced Arbitration On Ice As 9th Circ. Regroups

    Nearly two years after California enacted a sweeping crackdown on businesses requiring arbitration agreements as a condition of employment, the law's future is uncertain as the business community gets a renewed shot to challenge it.

  • September 22, 2022

    TV Co. Violated ADA By Firing Bipolar Worker, EEOC Says

    Sinclair Broadcast Group ran afoul of federal disability bias law when it fired a help desk worker after finding out she had bipolar disorder, according to a suit from the U.S. Equal Employment Opportunity Commission.

  • September 21, 2022

    DOJ Inks Job Ad Bias Deals With Walmart, Capitol One, Others

    The U.S. Department of Justice announced Wednesday it has reached settlements with four companies including Walmart and Capitol One to resolve claims the businesses discriminated against non-U.S. citizens by posting job advertisements with illegal citizen status restrictions.

  • September 21, 2022

    EEOC Age Bias Suit Survives Ohio State's Dismissal Bid

    An Ohio federal judge knocked down Ohio State University's attempt to toss a U.S. Equal Employment Opportunity Commission lawsuit alleging the institution replaced a human resources worker with a younger candidate, ruling Wednesday that the worker put forward enough detail to show potential pretext.

  • September 21, 2022

    Worker Who Called Cops On Black Birder Loses Firing Suit

    A New York federal judge on Wednesday tossed a race and sex discrimination lawsuit brought against investment firm Franklin Templeton by former employee Amy Cooper, who was let go after a viral video surfaced of her calling the police on a Black birdwatcher.

  • September 21, 2022

    IHOP Franchisee Settles EEOC Sex Harassment Suit

    An IHOP franchisee has agreed to pay $125,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging it failed to intervene when a manager sexually harassed two female workers until they quit, according to an agreement that obtained court approval Wednesday.

  • September 21, 2022

    10th Circ. Upholds Frito-Lay Union Win In Bias Suit

    A former Frito-Lay worker failed to support claims that a union representing him mishandled his grievance over his termination because of his race, a Tenth Circuit panel ruled Wednesday, affirming a lower court's decision tossing the suit.

Expert Analysis

  • 6th Circ. Ruling Guides On Settlements With Older Workers

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    The Sixth Circuit’s recent decision in Jackson v. General Electric, refusing to enforce a settlement that the employee agreed to but ultimately did not sign after a consideration period, highlights key lessons for compliance with the Older Workers Benefit Protection Act when drafting settlement agreements in employment cases, says Robin Shea at Constangy Brooks.

  • W.Va. Ruling Highlights FMLA Landmines For Employers

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    Though the West Virginia high court's decision in Fairmont Tool v. Opyoke denies strict liability for employers that fail to provide Family Medical Leave Act notices, it also highlights the narrow margin for employer error, say Shelby Hicks-Merinar and Allison Williams at Steptoe & Johnson PLLC.

  • More Employment Regs May See 'Major Questions' Challenges

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    The U.S. Supreme Court's recent use of the major questions doctrine to strike down regulation has already been cited in lower court cases challenging U.S. Department of Labor authority to implement wage and hour changes, and could provide a potent tool to litigants seeking to restrain federal workplace and labor regulations, say Jeffrey Brecher and Courtney Malveaux at Jackson Lewis.

  • What New Cannabis Testing Restrictions Mean For Employers

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    As more jurisdictions pass legislation that protects employees' lawful off-duty cannabis use, employers in states that have legalized recreational and medical cannabis should study the nuances and exceptions written into these new laws before enforcing national blanket drug testing and disciplinary policies, say Patrick McMahon and Miranda Curtis at Foley & Lardner.

  • ADA Considerations For Neurodiversity Hiring Programs

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    Companies are increasingly using targeted neurodiversity hiring programs to mitigate biases against people with disabilities, but before launching an affirmative action project, employers must consider a range of obligations under the American with Disabilities Act, say Linda Hollinshead and Michael Bernick at Duane Morris.

  • Employers Can Use COVID Models To Address Monkeypox

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    With New York, Illinois and California recently declaring emergencies in response to the global monkeypox outbreak, employers can rely on COVID-19 frameworks to reduce the impact of monkeypox in the workplace, and to stay ahead of concerns related to federal anti-discrimination laws, say April Boyer and Erinn Rigney at K&L Gates.

  • Fla. Ruling Raises Risk Of Discrimination Suits For Small Cos.

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    A Florida court’s recent ruling in White v. AutoZone confirms that a Miami-Dade County anti-discrimination ordinance allows workers to sue small businesses, increasing the potential for — and changing how employers approach — bias complaints, say attorneys at Lewis Brisbois.

  • EEOC Guidance Creates Hurdles To On-Site COVID Testing

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    The Equal Employment Opportunity Commission's updated guidance on workplace COVID-19 testing shifts the onus of meeting Americans with Disabilities Act standards to employers, meaning that companies should diligently document their justification for mandated tests, say Maryam Maleki and Michael Cohen at Duane Morris.

  • How Unclear Company Policies Support Worker Bias Claims

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    The recent Utah Court of Appeals decision in Hexcel v. Labor Commission is a reminder for employers to review their policies and procedures, because a company rule that is vague, ever-evolving or inconsistently enforced will support an employee's claim for discrimination and retaliation, say attorneys at Ballard Spahr.

  • What Employers Can Learn From Military Discrimination Case

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    Both state and private employers should review the Uniformed Services Employment and Reemployment Rights Act carefully to ensure compliance after the U.S. Supreme Court's recent ruling that state sovereign immunity does not insulate state employers from being sued under USERRA, say Melissa Legault and Clara Davis at Squire Patton.

  • Key Points For Employers Reopening In-Person Workplaces

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    Jennifer Rubin at Mintz explores the legal perils and practical policies that employers should carefully consider to ensure that both workers and management experience a safe, sensible return to the physical workplace during the evolving COVID-19 era.

  • Workplace Protections For Employees Seeking Abortion Care

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    After the U.S. Supreme Court’s recent overturning of Roe v. Wade, even the most well-intentioned companies may be forced to comply with subpoenas for workers’ medical records, but existing federal and state workplace protections may facilitate employees’ access to abortion while minimizing disclosures to employers, say Rosa Aliberti and Alexandra Berke at Berke-Weiss.

  • 7th Circ. Race Bias Ruling Provides Reminders For Employers

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    The Seventh Circuit's recent ruling that an employee plaintiff failed to identify a proper comparator to support her allegations of discrimination against Health and Hospital Corporation of Marion County shows the importance of employers clearly and consistently documenting performance issues to prevent even the appearance of discriminatory intent behind corrective job actions, say attorneys at Seyfarth.