Discrimination

  • September 28, 2022

    Attys Didn't Intimidate Harassment Plaintiff, 11th Circ. Says

    Attorneys defending a Florida county in a sexual harassment suit by a former employee were not acting outside the scope of their representation when they made a criminal referral about the employee during discovery, the Eleventh Circuit ruled Wednesday.

  • September 28, 2022

    Wells Fargo Execs Face Derivative Suit Over Hiring Scandal

    Wells Fargo CEO Charles Scharf and other top brass at the bank have been hit with a derivative suit in California federal court over allegations that the bank conducted fake job interviews to satisfy internal diversity guidelines, leading to stock drops, a class action and a criminal probe.

  • September 28, 2022

    Jury Awards Trans Deputy Damages In Transition Surgery Suit

    A federal jury awarded a deputy sheriff $60,000 in emotional damages in her suit alleging the Georgia county she worked for and Anthem Blue Cross Blue Shield unlawfully denied her health care coverage for gender transition surgery.

  • September 28, 2022

    DC Judge Trims Former HUD Atty's Race Bias Suit

    A former attorney for the U.S. Department of Housing and Urban Development cannot take her hostile work environment claims and some race discrimination claims to trial, a D.C. federal judge ruled Wednesday, but she can continue litigating her retaliation allegations and remaining bias claims.

  • September 28, 2022

    GSA Escapes Black Job Applicant's Race, Gender Bias Suit

    An Illinois federal judge ruled Wednesday that the General Services Administration doesn't have to face a suit alleging it rejected a Black woman for a director job because of her sex and race, saying the agency was "well within its rights" to select a more qualified candidate.

  • September 28, 2022

    Postal Service Questions Fired Worker's Ability To Return

    A former postal carrier was so upset that he could barely tell a Pennsylvania federal judge Wednesday about his 2016 firing after he fell and injured his knee, but an attorney for the United States Postal Service pressed him on whether his injury had left him unable to return even if he wanted to.

  • September 28, 2022

    Apple IP Exec Says Ageism Cost Him $800K Stock Bonus

    A director in Apple's intellectual property enforcement unit claims he was denied a merit-based retention bonus worth at least $800,000 based on his age because he was no longer considered "part of Apple's future" and was "nearing retirement age," according to the complaint removed to California federal court Tuesday.

  • September 28, 2022

    5th Circ. Revives EEOC Suit Over Mexican Manager's Firing

    A Texas apartment management company must face an Equal Employment Opportunity Commission suit alleging it fired a Mexican property manager because she was pregnant and the complex's owners preferred white workers, after the Fifth Circuit said a trial court was wrong to rule she wasn't qualified for the job.

  • September 28, 2022

    3rd Circ. Says Male Ex-Princeton Prof's Bias Suit Falls Short

    The Third Circuit backed Princeton University's defeat of a gender bias suit from a professor who said his investigation and firing following claims that he'd sexually harassed and had romantic relationships with students was discriminatory, noting he'd admitted to violating school policy.

  • September 28, 2022

    2nd Circ. Won't Revive Stony Brook Sex Harassment Battle

    The Second Circuit upheld the dismissal of a suit from a former Stony Brook University graduate student who said she was expelled from a teaching program for rejecting her supervisor's advances, ruling she couldn't prove sexual harassment occurred and that she was removed for performance issues.

  • September 28, 2022

    Sex Harassment, Retaliation Suit Against RV Co. Tossed

    An Indiana federal judge tossed out a lawsuit that accused a recreational vehicle company of allowing a sexually hostile work environment and firing a worker for complaining about it, saying she hadn't rebutted the company's argument that she was let go for poor performance.

  • September 28, 2022

    Bank Manager Is Owed Benefits After Harassment, Judge Says

    A Seattle-area bank manager who said workplace sexual harassment triggered her underlying mental health conditions and made her unable to work is owed disability benefits from United of Omaha Life Insurance Co., a Washington federal judge ruled. 

  • September 28, 2022

    Employment Atty Returns To Latham In Bay Area

    A veteran litigator specializing in labor and employment matters has returned to Latham & Watkins LLP's San Francisco office nearly 25 years after leaving.

  • September 28, 2022

    Ex-Gerber Exec Fired For Conduct, Not Gender, Judge Rules

    A Massachusetts federal judge knocked down a former sales director's gender discrimination suit against Gerber Life Insurance Co., after pointing to years of evidence that her faulty leadership skills, not her gender, led to her termination.

  • September 28, 2022

    HP Enterprise Strikes $8.5M Deal To End Pay Bias Suit

    Hewlett Packard Enterprise agreed to pay $8.5 million to wrap up a four-year-old proposed class action in California state court that accused the company of paying women less than men, a settlement that workers say should cause other tech companies to review their policies.

  • September 27, 2022

    Ga. Judge Says College Can't Escape Ex-Staffer's Bias Case

    A Georgia federal judge refused to let the Board of Regents of the University System of Georgia off the hook in a bias case brought by a former Valdosta State University administrator, according to an order that also partially granted her request for more documents from the university system.

  • September 27, 2022

    Fired In-House Atty Scores Partial Win Against Real Estate Co.

    A New York federal judge on Tuesday handed a former in-house attorney a partial win in his suit against his former employers, finding that the companies committed disability discrimination when they fired him after he asked to continue working from home due to various health conditions in 2020.

  • September 27, 2022

    New Calif. Law Requires Employers To Divulge Contractor Pay

    California Gov. Gavin Newsom signed pay transparency legislation into law Tuesday that requires employers with more than 100 contract workers to disclose annual pay data reports broken down by demographics, and requires employers with more than 15 workers to disclose salary ranges on all job ads.

  • September 27, 2022

    UPS Beats Ex-Worker's Sex Harassment, Retaliation Suit

    A Georgia federal judge granted UPS a win in a former supervisor's suit claiming he was sexually harassed, discriminated against and then fired in retaliation for reporting the conduct, ruling that the worker didn't put forward enough evidence to support his claims.

  • September 27, 2022

    3rd Circ. Backs American Airlines Firing Over Facebook Posts

    The Third Circuit said Tuesday it won't revive a suit alleging American Airlines fired an employee for requesting certain assignments because of nerve damage in her leg, saying her racist Facebook posts meant the airline was on solid legal ground when it let her go.

  • September 27, 2022

    North Carolina GOP Lawmakers Say EEOC 'Running Amok'

    A pair of Republican lawmakers wrote to the chair of the U.S. Equal Employment Opportunity Commission on Tuesday demanding to know if the agency would withdraw guidance the legislators said "directly contravenes" the U.S. Supreme Court's landmark Bostock decision.

  • September 27, 2022

    Ex-Worker Says Colo. County Board Denied $2K COVID Bonus

    A Colorado county board denied a $2,000 bonus to workers who took sick leave during the coronavirus pandemic, a former employee for the county claimed in a proposed class and collective suit, saying that flagging the issue forced her to resign.

  • September 27, 2022

    MoFo Builds Employment Litigation Bench With New Partner

    Morrison Foerster LLP said Tuesday it was expanding its litigation and global employment and labor groups with a new partner from Kirkland & Ellis LLP.

  • September 27, 2022

    Ex-Boston Top Cop Says Atty's Report Key To Defamation Suit

    A Boston Police Department commissioner who was fired over domestic abuse allegations argued Tuesday that his defamation suit against the city requires testimony from a Davis Malm PC attorney who compiled a report on the claims.

  • September 27, 2022

    Southwest Airlines, Union Must Arbitrate Pilot Dispute

    A union must arbitrate a dispute over the removal of a pilot from his duties at Southwest Airlines, a Texas federal judge ruled Tuesday, saying federal labor law calls for an arbitrator to step in to interpret the parties' labor contract.

Expert Analysis

  • Chicago Cos. Must Prepare For New Sex Harassment Law

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    A Chicago ordinance taking effect next week imposes new requirements on employers around preventing sexual harassment in the workplace, so in-house employment counsel and human resources professionals should take several compliance steps and invest in efforts to foster respectful workplaces, say attorneys at Proskauer.

  • Employers Must Think 3 Moves Ahead In Their Bid For Talent

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    Employers offering ever-increasing incentives to combat today’s labor shortage must not be nearsighted about tomorrow’s risk of recession, and should instead ask themselves three key questions about historical demand and future technology, say Adam Santucci and Langdon Ramsburg at McNees Wallace.

  • ​Boardroom Lessons From Shareholders' Diversity Lawsuits

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    Corporate efforts to promote diversity, equity and inclusion in the workplace are gaining momentum, and shareholder derivative lawsuits offer important lessons on how boards may protect themselves while fostering diverse workforces and safeguarding company goodwill, say attorneys at Covington.

  • How Cos. Can Support Fathers Taking Full Parental Leave

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    Companies should foster a supportive environment for male caregivers, who often are discouraged from taking their entitled parental leave due to gender bias and stereotypes, so employers should brush up on how they can prevent discrimination, say attorneys at Sanford Heisler.

  • DC Circ. Ruling Lowers Bar For Job Transfer Bias Claims

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    While multiple courts have addressed the need to show some level of materiality for an adverse employment action to create a disparate treatment claim, the D.C. Circuit's new Chambers v. District of Columbia decision is the first to discard that requirement, at least in the context of a lateral transfer, and raises numerous issues, says Mary Ruth Houston at Shutts & Bowen.

  • Preparing For NYC's New Pay Transparency Law

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    Recent guidance postponing implementation of New York City’s Pay Transparency Law to Nov. 1 failed to clarify employers' obligation to act in good faith when advertising what they are willing to pay, so employers may want to devote resources to up-front evaluations of salary ranges, say John Litchfield and Paul King at Foley & Lardner.

  • Employers Must Prepare For Revival Law Sex Abuse Claims

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    Laws temporarily reopening litigation windows for sexual abuse cases, like New York's recently enacted Adult Survivors Act, leave employers with a number of defenses against vicarious liability, but it is imperative that organizations investigate potential exposure before relevant window periods take effect, say attorneys at Troutman Pepper.

  • Employers Must Heed Trend Toward Hairstyle Bias Bans

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    Given the U.S. House of Representatives’ recent passage of a bill that would ban race-based hair discrimination in workplaces, as well as the proliferation of similar legislation in states, employers should review their grooming and appearance policies to ensure they are facially neutral and to eliminate any proxies for race, say Iván Resendiz Gutierrez and Rebecca Schach at Miller Nash.

  • Navigating Sexual Harassment Investigations After #MeToo

    Excerpt from Practical Guidance
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    Ellen Holloman at Cadwalader and judicial law clerk Hyungjoo Han provide an overview of the legal issues implicated by the #MeToo movement and address best practices for conducting sexual harassment workplace investigations.

  • Employers Must Heed Range Of Legal Issues Posed By AI

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    Given the growing use of artificial intelligence-based hiring and evaluation software during the pandemic, and regulators’ increasing scrutiny of algorithmic tools, employers must balance the promises of these technologies with myriad legal issues, from employment discrimination claims to data breach obligations, says Lauren Daming at Greensfelder Hemker.

  • Unwanted Birthday Party Case Is A Warning To Other Cos.

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    Regardless of the pending appeal in Berling v. Gravity Diagnostics, in which a Kentucky jury sided with an employee who was fired after a panic attack in response to the birthday party he requested to forgo, employers should take seemingly unusual requests seriously, as they may legally require accommodations, say Bridget Blinn-Spears and Caitlin Walker at Nexsen Pruet.

  • ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

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    While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

  • Takeaways From EEOC Guidance On Bias In AI-Enabled Hiring

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    In light of the U.S. Equal Employment Opportunity Commission’s recent guidance on how the Americans with Disabilities Act might apply to the use of artificial intelligence during hiring, employers will need to evaluate the ways AI tools may create enforcement risks, say Sharon Masling and Pierce Blue at Morgan Lewis.