Discrimination

  • December 11, 2024

    Kroger Unit Can't Dodge EEOC Suit Over Clerk's Harassment

    Supermarket chain Fred Meyer must face a U.S. Equal Employment Opportunity Commission lawsuit claiming it allowed a male sales clerk to leer at and stalk female colleagues, a Washington federal judge said Wednesday, rejecting the superstore chain's argument that the commission's complaint wasn't detailed enough.

  • December 11, 2024

    Ye's Cos. Default In Another Private School Worker Lawsuit

    A California judge held three of Ye's companies in default Wednesday for failing to retain counsel in litigation from a former teacher at the Donda Academy private school, the latest sanction for nonresponsiveness in a slew of employment suits against the rapper previously known as Kanye West.

  • December 11, 2024

    Uber Worker Can Arbitrate Firing Claim, Calif. Court Says

    A California state appeals court backed a trial court's move to revive a former Uber employee's arbitration dispute with the company claiming she was fired for complaining about sex bias, ruling an arbitrator was wrong to find she attempted to restart the clock on her allegations.

  • December 11, 2024

    NFT Co. Must Face Former Exec's FMLA Retaliation Suit

    A New York federal judge refused to toss a lawsuit a former vice president lodged against an NFT company alleging he was fired after asking to take parental leave, saying he was eligible for the leave despite not working for the company for a year when he requested it.

  • December 11, 2024

    Google Targeted New Parents For Layoffs, Calif. Suit Says

    Google was sued in California state court Wednesday by a former training manager who says the tech giant chose her and six colleagues for layoffs last year because of their decisions to take parental leave.

  • December 11, 2024

    Ally Bank Worker Drops Emotional Pain Claims From Bias Suit

    A white, male Ally Bank worker who claimed he was denied a promotion because of the company's diversity push has dropped pain and suffering claims from his suit, according to a stipulation of partial dismissal.

  • December 11, 2024

    ​​​​​​​6th Circ. Probes Rationale For State Farm Worker's Firing

    The Sixth Circuit grappled Wednesday with whether to reopen a former State Farm employee's suit alleging she was illegally fired after counseling a colleague about a disability accommodation complaint, with one judge questioning if the insurer had looked into the worker's claim that she faced selective discipline.

  • December 11, 2024

    4th Circ. Seems Wary Of Reviving Post-Pregnancy Firing Suit

    The Fourth Circuit seemed skeptical Wednesday of a former Nexstar Media Inc. worker's bid to revive her pregnancy-related disability discrimination suit, reminding the ex-employee's counsel about the limits to how much accommodation an employer has to provide.

  • December 11, 2024

    Window Narrows For Federal Changes To Subminimum Wage

    The U.S. Department of Labor's proposed rule to end employers' ability to pay workers with disabilities less than the federal minimum wage comes as time is running out to end the long-standing but controversial program before Republicans take back the White House and Congress. Here, Law360 explores the debate over the program in a new audio feature.  

  • December 11, 2024

    Building Co. To Pay $350K To End OFCCP Harassment Probe

    The U.S. Department of Labor's federal contractor watchdog announced Wednesday that a construction company agreed to pay $350,000 to resolve allegations that company officials ignored and participated in sexual harassment and retaliated when workers complained. 

  • December 11, 2024

    EEOC Tells 5th Circ. Outdated Standards Sank ADA Case

    The U.S. Equal Employment Opportunity Commission urged the Fifth Circuit to revive a former General Motors employee's suit claiming she was fired because of work restrictions following an on-the-job accident, arguing the trial court used obsolete federal disability law standards to toss the case.

  • December 11, 2024

    Mass. Prison Fired Pregnant Officer For Vax Refusal, Suit Says

    A former Massachusetts corrections officer on Wednesday filed a suit against the state's prison system in federal court, saying she was wrongly denied a religious exemption to its COVID-19 vaccination mandate while she was pregnant, passed over for a promotion and ultimately fired.

  • December 11, 2024

    ConEd Escapes Fired In-House Atty's Gender, Age Bias Suit

    A New York federal judge tossed an attorney's suit claiming she was fired by Con Edison out of age and gender animus after complaining that her boss unfairly criticized her, ruling she failed to show that her identity rather than her yearslong performance issues got her canned.

  • December 10, 2024

    Jay-Z Says PI Atty Buzbee Has History Of False Diddy Claims

    Shawn "Jay-Z" Carter's lawyers told a New York federal judge on Tuesday that the law firm of Tony Buzbee, a high-profile personal injury attorney suing the music mogul for allegedly raping a 13-year-old girl alongside Sean "Diddy" Combs, tried to pressure a different woman into leveling false sexual assault claims against Diddy.

  • December 10, 2024

    3rd Circ. Reopens White Worker's Bias Suit Against Tech Firm

    The Third Circuit revived a white former manager's lawsuit alleging an Indian information technology company unlawfully favored South Asian job candidates and employees, ruling Tuesday that a trial court was wrong to say his failed attempt to join a separate class action couldn't extend the time limit for his claims. 

  • December 10, 2024

    Split 9th Circ. Won't Revive Tesla Worker's Whistleblower Suit

    A split Ninth Circuit refused to revive a terminated Tesla worker's Sarbanes-Oxley whistleblower claim alleging he was retaliated against for reporting unlawful activity, ruling on Tuesday the worker is precluded from re-litigating in district court whether he engaged in protected activity, since an arbitrator already decided that he did not.

  • December 10, 2024

    9th Circ. Judge Criticizes SF's 'Arbitrary' COVID Vax Mandate

    A Ninth Circuit panel doubted Tuesday whether a district judge followed the appellate panel's prior order requiring him to reconsider ex-San Francisco public employees' injunction bid in their civil rights case challenging the city's COVID-19 vaccination mandate, with one judge criticizing the city's since-expired worker vax mandate as "arbitrary."

  • December 10, 2024

    NJ Panel Revives Union's Suit Over Sick Leave Policies

    A New Jersey appeals court upended Jersey City's win in a firefighters union's lawsuit challenging two city policies pertaining to sick leave, finding Tuesday the union put forward enough information to defeat the city's dismissal bid.

  • December 10, 2024

    NJ Atty Hits Law Firm With Pregnancy Bias, Retaliation Suit

    A New Jersey lawyer has been hit with pregnancy discrimination and whistleblower claims by a former attorney at his firm who alleges that she was punished after announcing her pregnancy and for reporting what she believed to be fraudulent billing practices.

  • December 10, 2024

    Ex-NJ Workers' Comp Judge Loses Appeal Over Removal

    The New Jersey state appeals court on Tuesday affirmed the removal of a workers' compensation judge in part over comments she made calling fellow judges "snake" and "thief," finding Gov. Phil Murphy followed the applicable rules in taking her off the bench.

  • December 10, 2024

    Staffing Co., EEOC Ink $300K Deal In Hiring Bias Suit

    A construction staffing company in Minnesota will pay $300,000 to end a U.S. Equal Employment Opportunity Commission suit alleging it wouldn't find work for women, Black people or older people and prompted a worker who complained about it to resign, according to a federal court filing Tuesday. 

  • December 10, 2024

    Delivery Co. Strikes Deal To End EEOC Disability Bias Suit

    A delivery contractor agreed to settle a U.S. Equal Employment Opportunity Commission suit claiming the business violated disability bias law when it fired an employee after he suffered a flare-up of his autoimmune disease, according to a Georgia federal court filing.

  • December 10, 2024

    White Cops Can't Reinstate Race, Sex Bias Suit At 6th Circ.

    The Sixth Circuit refused to revive a sex and race bias suit against a Michigan city from two white, female cops who said they endured unfair drug testing and harassment, ruling they failed to link discrimination to their alleged mistreatment.

  • December 10, 2024

    Trump Taps Election Atty To Helm DOJ Civil Rights Division

    President-elect Donald Trump announced he would name Dhillon Law Group Inc. founder and managing partner Harmeet K. Dhillon to lead the U.S. Department of Justice's Civil Rights Division, elevating a staunch supporter and attorney who has represented him in cases across the country.

  • December 09, 2024

    Ex-Savannah State University Professor Sues For Racial Bias

    A Chinese-born former business professor at Savannah State University has filed suit in Georgia federal court alleging the university engaged in racial discrimination by failing to renew her teaching contract and then retaliating when she complained.

Expert Analysis

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • Eye On Compliance: ADA Accommodations For Obesity

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    As the classification of "obesity" as a disability under the Americans with Disabilities Act continues to evolve, employers should note federal district and state court deviations from U.S. Equal Employment Opportunity Commission guidelines, which have deemed obesity to be a qualifying impairment, no matter the cause, says Lauren Stadler at Wilson Elser.

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

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    A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

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    While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • What To Expect As Worker Bias Suit Heads To High Court

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    The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.

  • Mitigating Construction Employers' Risks Of Discrimination

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    Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.

  • Cos. Should Focus On State AI Laws Despite New DOL Site

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    Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.

  • How The Tide Of EEOC Litigation Rolled Back In FY 2024

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    An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.

  • The Key Changes In Revised FDIC Hiring Regulations

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    Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.

  • Employer Tips For PUMP Act Compliance As Law Turns 2

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    Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Mich. Whistleblower Ruling Expands Retaliation Remedies

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    The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.