Discrimination

  • September 30, 2022

    8th Circ. Upholds Worker's Firing Over Bathroom Spy Cam

    The Eighth Circuit refused Friday to revive a suit from a Black nursing assistant who said he was fired for complaining about race bias, saying he hadn't rebutted his employer's claim that he had been fired for putting a camera in a bathroom to spy on co-workers.

  • September 30, 2022

    Calif. Forecast: Facebook Discrimination Suit Could Get Ax

    In the coming week, attorneys should keep an eye out for a potential tossing of a proposed citizenship discrimination class action against Facebook owner Meta Platforms Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • September 30, 2022

    No Signs Of Supreme Court's Conservatives Slowing Down

    The U.S. Supreme Court's last term was considered by many to be the most consequential in a generation as the court's conservative justices delivered key victories on abortion and guns. But one quick glance at the new term's docket suggests this new supermajority has only just begun shifting the law to the right.

  • September 30, 2022

    October Arguments Discrimination Attorneys Should Watch

    In October, the Fifth Circuit will hear arguments on vaccine mandates and cyberstalking, the Ninth Circuit will examine the evolving boundaries of military benefits law and the U.S. Supreme Court will consider an affirmative action battle. Here, Law360 previews six upcoming arguments that employment discrimination practitioners should have on their radar.

  • September 30, 2022

    How Well Do You Know Supreme Court History?

    As the U.S. Supreme Court kicks off its October 2022 term, it's the perfect time to dive into the court's history. Law360 will try to stump you with this 10-question quiz about the court. 

  • September 30, 2022

    Atlanta, Ex-Mayor Dodge White Worker's Race Bias Claims

    The city of Atlanta and its former mayor don't have to face allegations that a white department director was paid less than Black colleagues, after a Georgia federal judge said she hasn't shown that department head salaries were based on race rather than responsibilities.

  • September 30, 2022

    Aircraft Engine Co. Manager Fired For Bullying, Not Gender

    Aircraft engine manufacturer Continental Aerospace Technologies Inc. beat a fired plant manager's suit alleging she was fired because she was female with an Alabama magistrate judge finding she was fired for disrespecting co-workers, which had driven some to quit.

  • September 30, 2022

    Ex-Rutgers Law Fundraising Exec Launches Equal Pay Suit

    A former law school fundraising executive has slammed Rutgers University with a gender discrimination and equal pay lawsuit in New Jersey state court alleging she was improperly paid less than a male counterpart and ultimately fired for complaining about the inequitable treatment.

  • September 30, 2022

    11th Circ. Says Solid Atlanta Harassment Policy Dooms Suit

    The Eleventh Circuit on Friday backed the city of Atlanta's win in four female employees' lawsuit alleging the city didn't take proper action after they complained about a colleague sexually harassing them, ruling the city had a solid reporting policy in place that the workers failed to use.

  • September 30, 2022

    Calif. Expands Family Leave To Caring For Nonrelatives

    California employees can take up to 12 weeks of job-protected family leave to care for individuals who aren't a legal relative under a bill Democratic Gov. Gavin Newsom signed into law.

  • September 30, 2022

    Justice Ketanji Brown Jackson Takes Bench, Makes History

    Justice Ketanji Brown Jackson received her official commission Friday in a ceremony attended by President Joe Biden and Vice President Kamala Harris, becoming the first Black female justice to take the nation's top bench in its 230-year history.

  • September 29, 2022

    4 Discrimination Cases The High Court Could Take Up

    An ex-postal worker's push to have the U.S. Supreme Court rethink its workplace religious accommodation test and several requests for the justices to clarify their Title IX jurisprudence headline the list of discrimination law-related petitions that the high court will consider when its new term kicks off.

  • September 29, 2022

    Bulk Of Sex Harassment Suit Against Ex-Fox Host Continues

    A New York federal judge on Thursday wouldn't let former Fox News host Ed Henry out of the bulk of an ex-producer's suit alleging Henry repeatedly sexually harassed and later raped her, but ruled that nude photos Henry had provided as evidence weren't considered employment retaliation.

  • September 29, 2022

    Tech Co. Can't Slip Suit Alleging Non-South Asian Worker Bias

    A New Jersey federal judge narrowed a lawsuit Thursday that accused an Indian-based tech company of illegally favoring Indian or other South Asian workers, shutting down allegations of unintentional disparate impact discrimination but keeping claims of intentional bias alive.

  • September 29, 2022

    NJ High Court Skeptical Of Fee Challenge In Rite Aid Suit

    The New Jersey Supreme Court appeared skeptical Thursday of a former Rite Aid manager's challenge to a judge's ruling awarding less than a sixth of the roughly $5 million in counsel fees and costs he sought in his successful sexual orientation discrimination case, noting how the judge identified shortcomings with the request.

  • September 29, 2022

    6th Circ. Won't Block Cincinnati Police's Pro-Diversity Policy

    The Sixth Circuit on Thursday refused to block the Cincinnati Police Department from using a 35-year-old rule to promote Black and female candidates while two white officers challenge the policy's constitutionality, ruling the officers haven't shown that they're likely to be harmed while their suit is pending.

  • September 29, 2022

    DHS Urged To Give Guidance For Immigrant Labor Disputes

    Democratic lawmakers on Thursday urged the U.S. Department of Homeland Security to issue guidance giving workers, regardless of their immigration status, a way to protect their civil and labor rights and challenge employer labor violations without fear of retaliation.

  • September 29, 2022

    HSBC Wants Exec's Racial Bias, Retaliation Suit Tossed

    An executive who sued HSBC for discrimination and retaliation offered no evidence of actionable mistreatment or that she was treated differently due to her Indian origin, the bank told a New York federal court on Thursday.

  • September 29, 2022

    Buffalo Denied Win In Fight With Firefighter Axed For Med. Pot

    A New York state judge on Thursday denied the city of Buffalo a quick win in its legal battle with a terminated firefighter and medical cannabis patient who brought legal action to get his job back.

  • September 29, 2022

    Jackson Lewis Defeats Conn. Doctor's Defamation Suit

    A Connecticut federal judge on Thursday tossed a second attempt at a defamation suit brought by a doctor who lost his hospital job after a sexual assault investigation led by Jackson Lewis PC attorneys, saying the physician's theory that the attorneys defamed him in their report lacks any legal foundation.

  • September 29, 2022

    Teamsters Allowed 'Pervasive' Sex Harassment, EEOC Says

    A Colorado Teamsters local violated federal discrimination law by looking the other way when a union business agent harassed a female UPS employee by making offensive comments and asking her to send him nude photographs, the U.S. Equal Employment Opportunity Commission alleged in a new lawsuit.

  • September 29, 2022

    Amazon Beats Bias Suit Over Supervisor's Phone Calls

    A Delaware federal court found Thursday that Amazon doesn't have to face a suit alleging a Japanese American shift manager was harassed by her supervisor because of her sex and race, ruling that the supervisor's repeated phone calls weren't enough to sustain the case.

  • September 29, 2022

    Jury Backs Sonic Franchisee In EEOC Sex Harassment Suit

    The U.S. Equal Employment Opportunity Commission did not prove female workers at a Sonic franchise were harassed, a jury ruled in awarding the franchisee a win in Texas federal court.

  • September 29, 2022

    5th Circ. Won't Revive Ex-MGM Worker's Lactation Break Suit

    A split Fifth Circuit panel confirmed an MGM resort's win in a suit by an ex-worker who said she faced a lack of sympathy from management and harassment when she tried to take lactation breaks, though one judge said the ex-worker had a valid wage-and-hour claim.

  • September 28, 2022

    Calif. Law Sets Stage For More Pay Transparency Nationwide

    A new California law requiring employers to disclose salary ranges in job listings is likely to spur employers to revisit their pay practices and could be a "tipping point" that makes them opt for transparency even if it’s not yet legally required, attorneys say. Here’s what employers need to know about the statute.

Expert Analysis

  • 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.

  • FMLA May Still Cover Abortion-Related Leave In All 50 States

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    Though many states have recently banned or restricted abortion access after the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health, the U.S. Department of Labor has tools in its arsenal to enforce the Family and Medical Leave Act for employees seeking abortion-related leave, says Eric Meyer at FisherBroyles.

  • Employer Duties As Pandemic And Caregiver Law Evolve

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    Recent San Francisco employment law changes recognize how the pandemic has altered many employees' caregiving responsibilities outside of work, so California employers should review their obligations — and consider providing flexible work arrangements even where not required, says Katie Collins at Weintraub Tobin.

  • 3rd Circ. USPS Ruling Clarifies Undue Hardship Threshold

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    After the Third Circuit’s recent rejection in Groff v. Dejoy of a U.S. Postal Service mail carrier's attempts to avoid working on Sundays due to religious beliefs, employers may find it easier to establish that an accommodation imposes an undue hardship — if they can show that they engaged in a good faith, interactive process with the employee, says Amanda Tzivas at Hinshaw.

  • Praying Coach Ruling Expands Public Employee Free Speech

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    Likely one of the most significant U.S. Supreme Court decisions of the term, Kennedy v. Bremerton will not only reshape the application of the First Amendment's religion clauses, but will also have major implications for the free speech rights of the millions of public employees across the country, says Joshua Dunn at the University of Colorado, Colorado Springs.

  • 2 Rulings On Employee CBD Use Offer ADA Takeaways

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    Two recent federal court decisions, in which workers who used CBD were fired after false positive marijuana tests, should make employers consider updating their drug-free policies to better prepare for potential Americans with Disabilities Act issues, says Rebecca Sha at Phelps Dunbar.

  • Employer Takeaways From High Court Praying Coach Ruling

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    The U.S. Supreme Court's recent decision in Kennedy v. Bremerton School District, concerning a coach who prayed on the football field during school games, addressed the free speech and religious expression rights of public employees in the workplace, but employers must keep in mind that this decision is only the opening salvo in a developing law of public employee expression, says David Urban at Liebert Cassidy.

  • How Employers Can Promote Gender Inclusivity All Year Long

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    As Pride Month comes to a close, employers must continue their efforts to create an inclusive workplace for LGBTQ employees throughout the year, aided by a state and federal trend toward expanding gender marker options on identification documents, say Lindsay Dischley and Catherine Venable at Chiesa Shahinian.

  • When You've Got Mail From The EEOC, Open It Without Delay

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    A series of recent federal cases shows the perils of failing to open an email from the U.S. Equal Employment Opportunity Commission in a timely manner, particularly when that email triggers the 90-day deadline to file an employment discrimination lawsuit — which employers can use to their benefit in motions to dismiss, says Juan Hernandez at Baker Donelson.

  • NYC Pay Transparency Law May Fail To Close Wage Gap

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    Peter Glennon at The Glennon Law Firm argues that New York City’s new pay transparency law, requiring employers to post salary information in job listings, creates a number of challenges for businesses, raising the question: Could encouraging the use of existing tools close the wage gap without the need for additional legislation?

  • 5 Tips For Employers Regulating Employee Speech Online

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    A series of recent cases illustrates the challenges businesses face when employees post potentially controversial or offensive content on social media, but a few practical questions can help employers decide whether to take action in response to workers’ online speech, says Aaron Holt at Cozen O'Connor.