Discrimination

  • 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.

  • September 27, 2022

    Sanford Heisler Sharp Opens New Palo Alto Office

    Plaintiff-side labor law firm Sanford Heisler Sharp LLP said Tuesday that it had opened a new office in Palo Alto, California, its eighth location nationwide, in a bid to step up its representation of tech workers and Asian Americans in Silicon Valley.

  • September 27, 2022

    Marriott Resort To Pay $630K To Resolve Hiring Bias Claims

    A resort and conference center in Nashville has agreed to pay more than $630,000 to job applicants whom the U.S. Department of Labor said it discriminated against, the agency announced Tuesday.

  • September 27, 2022

    2nd Circ. Won't Revive Ex-NYPD Sergeant's Race Bias Suit

    The Second Circuit backed the New York City Police Department on Tuesday in a Black ex-cop's suit alleging the department tried to push him into a less-desirable job to punish him for confronting a superior about racist remarks, ruling his allegations were too old or didn't amount to discrimination.

  • September 27, 2022

    GM Can't Escape Ex-Worker's Disability Bias Suit

    General Motors must face a suit alleging that it fired an employee because of a neck injury he received on the job over a decade earlier, with an Indiana federal judge saying a jury should resolve whether he was qualified for the job he held.

  • September 27, 2022

    Contractor Urges 11th Circ. To Uphold Win In Race Bias Suit

    A bridge construction company urged the Eleventh Circuit to keep its win in three Black former employees' discrimination suit, saying the district court correctly found that the workers needed to show that race was the basis for their firing.

  • September 27, 2022

    Canadian Pacific Can't Force Race Bias Suit Into Arbitration

    An Illinois federal judge rejected Canadian Pacific Railway's push to get a Black former engineer's racial discrimination suit tossed, ruling that federal railway labor law doesn't trump the worker's civil rights claims.

  • September 27, 2022

    Union Pacific Gets Jury Win In Disability, Genetic Bias Suit

    A federal jury shut down a worker's suit accusing Union Pacific Railroad of violating federal disability and genetic bias laws by forcing workers to disclose health conditions and undergo medical evaluations that cost many their jobs.

  • September 27, 2022

    EEOC Moves To Handle More Fed. Worker Complaints Online

    The U.S. Equal Employment Opportunity Commission published a proposal in the Federal Register on Tuesday that aims to shift the process of handling federal workers' complaints to an online portal.

  • September 26, 2022

    EEOC Sues Eli Lilly For Age Bias After Exec Touted Millennials

    Eli Lilly illegally discriminated against older applicants for pharmaceutical sales representative positions nationwide after a senior vice president told staffers that the company needed to hire more millennials, the U.S. Equal Employment Opportunity Commission claims in a federal lawsuit filed Monday.

  • September 26, 2022

    Md. School District Strikes Deal In Trans Teacher's Bias Suit

    A transgender teacher has secured a settlement with a school district to close her suit filed in Maryland federal court alleging she was harassed for years because of her sex, conduct which eventually forced her to quit her job, according to a Monday news release.

  • September 26, 2022

    UPS Can't Dodge Overtime, Race Bias Suit

    UPS must face a proposed class action alleging it manipulated drivers' hours to avoid paying overtime and paid white workers substantially more than nonwhite employees, after a New York federal judge ruled that allegations from a group of seven drivers and supervisors are enough to support claims of wage theft and bias.

  • September 26, 2022

    Averted Rail Strike Highlights Perils Of Strict Absence Rules

    Many major employers utilize point-based attendance systems to minimize unexpected absences, but these so-called no-fault absence policies recently pushed thousands of rail workers to the brink of a strike and can be a lightning rod for discrimination claims.

  • September 26, 2022

    Google Can't Shut Down Female Exec's Pay Bias Suit

    A New York federal judge on Monday refused to grant Google an early win in a pay bias suit by a female executive, saying she'd made a case that a similar male colleague who was also hired in 2017 got a more generous offer from the company.

  • September 26, 2022

    Fed. Circ. Revives Air Force Firefighter's Termination Suit

    The Federal Circuit revived a suit Monday from a U.S. Air Force firefighter who said he was wrongfully fired for failing a drug test, finding his rights were violated when a lieutenant colonel sought his own relatives' opinions about the firefighter's assertion that he'd accidentally taken his mother's medication.

  • September 26, 2022

    10th Circ. Backs United Airlines In Ex-Worker's FMLA Battle

    The Tenth Circuit refused Monday to revive a former United Airlines employee's claims that she was fired for taking federally protected leave, holding that a district court correctly reasoned that a supervisor's alleged bias couldn't be imputed to the airline.

  • September 26, 2022

    Amazon Says Ex-Workers Can't Lead Military Service Bias Suit

    Amazon urged a Washington federal court to toss a lawsuit alleging it discriminates against service members by firing those who take time off for military leave, arguing that the two former workers who brought the suit forward are unqualified to lead the suit.

  • September 26, 2022

    Kean Miller Must Face File Clerk's Pro Se Discrimination Suit

    A federal judge in Louisiana on Monday shot down arguments from Kean Miller LLP that a former file clerk had waited too long to file a suit alleging she was subjected to racial discrimination during her tenure with the firm.

  • September 26, 2022

    Eisner Hit With Racial Bias Suit From Unvaccinated Black Aide

    A former Eisner LLP information technology professional hit the law firm with a racial discrimination lawsuit in New Jersey state court on Thursday, alleging that Eisner fired her after less than two weeks on the job under the guise of her unvaccinated status.

  • September 26, 2022

    Levi & Korsinsky Seek Win Over Gender Bias Claims

    Levi & Korsinsky LLP has asked a New York federal judge to end a gender discrimination lawsuit against the firm, claiming the ex-partner behind it was fired for her poor performance and for creating a toxic workplace, not because she was a woman.

  • September 26, 2022

    Honeywell Accused Of Discrimination Over Vaccine Badges

    Several former employees of Honeywell International Inc. have lodged a proposed class action against the defense contractor after they were allegedly required to wear color-coded badges indicating their COVID-19 vaccination status and later fired for refusing to get the vaccine.

  • September 26, 2022

    Deputy Fights To Claw Back Costs For Gender-Affirming Care

    A deputy sheriff who convinced a Georgia federal judge to rule that a county's refusal to cover gender transition surgery was illegal told the court that Anthem Blue Cross Blue Shield must cover the expenses she has already incurred for her gender-affirming treatment.

Expert Analysis

  • What OFCCP Enforcement Shift Means For Gov't Contractors

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    With long-awaited directives from the Office of Federal Contract Compliance Programs showing a shift away from self-imposed constraints on enforcement, contractors should prepare for greater scrutiny, broad records requests and the agency's unsettlingly hostile position on the limits of attorney-client privilege, says Christopher Durham at Duane Morris.

  • Preventing Sexual Harassment In The Metaverse Workplace

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    As more companies set up virtual workplaces in the metaverse, they should consider how these platforms’ unique features may heighten their exposure to sexual harassment claims and adopt several layers of controls to protect employees from metaverse-based misconduct, says Timothy Taylor at Holland & Knight.

  • On The Lookout For Imposters In Virtual Job Interviews

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    Employers have become increasingly concerned that an individual hired may not be the person who was interviewed by video, and taking steps to verify identity can be tricky because of discrimination laws, say Rachel Steely and Maureen Stewart at Foley & Lardner.

  • What 9th Circ. ADA Ruling Means For Closely Related Entities

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    After the Ninth Circuit’s recent decision in Buchanan v. Watkins & Letofsky, holding that related employers may be treated as an integrated enterprise under the Americans with Disabilities Act, businesses with multiple entities must review their operational structure and ensure that they have ADA compliance policies in place, say Emily Bushaw and Benjamin Prager at Perkins Coie.

  • Defending Against Title VII Religious Objections To COVID Vax

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    As employees’ religious accommodation claims against workplace vaccine mandates make their way through the courts, early indications suggest that employers may have some success with defenses that argue unvaccinated workers pose an undue hardship under Title VII, say attorneys at Proskauer.

  • #MeToo And The Workplace: 5 Years And A Pandemic Later

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    As the fifth anniversary of the #MeToo movement approaches and the pandemic wanes, it is a prime time to evaluate the impact of the movement and how employers can continue to prevent sexual harassment in the workplace, say Kelly Cardin and Evan Citron at Ogletree.

  • EEOC Developments Signal Policy Changes To Come

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    The U.S. Equal Employment Opportunity Commission’s recent report and budget proposal reveal an incongruity between the agency's declining performance metrics and increased costs and staffing, while the nomination of a new commissioner portends an upcoming shift in political control and related policy changes, says Jones Day partner and former EEOC general counsel Eric Dreiband.

  • Calif. College Athlete Pay Bill May Lead To Employment Issues

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    While California’s College Athlete Race and Gender Equity Act may have a difficult time passing, it could open the door for an argument that players at academic institutions should be deemed employees, and schools must examine and prepare for the potential challenges that could be triggered by compensating college athletes, say attorneys at Morgan Lewis.

  • As Workers Return, Can Their Support Animals Come Too?

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    Companies planning for a return to the office may face accommodation requests for emotional support animals in the workplace, which brings up questions about employer obligations and best practices under the Americans with Disabilities Act, says Juan Hernandez at Baker Donelson.

  • An ADA Refresher For Cos. Navigating Remote Work Requests

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    As in-person work resumes in the face of a dissipating pandemic, workers may seek accommodations including permanent work-from-home arrangements under the Americans with Disabilities Act — but employers navigating these requests retain the ability to make fact-specific determinations for each employee, say Carrie Hoffman and Jack FitzGerald at Foley & Lardner.

  • 10th Circ. Successor Liability Ruling Highlights Title VII Risks

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    After the Tenth Circuit’s recent decision in U.S. Equal Employment Opportunity Commission v. Roark-Whitten Hospitality 2, holding that the purchaser of a hotel could be sued for Title VII claims against previous owners, asset buyers’ due diligence reviews and indemnity provisions must address employment liabilities, say Amy Knapp and Alexander Thomas at Sherman & Howard.

  • Employers Must Watch For Nat'l Origin Bias Amid Russian War

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    Political acrimony surrounding the Russia-Ukraine war can be disruptive to work and lead to legal claims if employees feel stigmatized based on their ethnic background, so employers should follow several best practices to avoid claims of discrimination and harassment based on national origin, say Christopher Nickels and Tyler Roth at Quarles & Brady.

  • Employer Lessons From 5th Circ. Hostile Workplace Ruling

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    The Fifth Circuit’s recent decision in Woods v. Cantrell, holding for the first time that a single utterance of a racial epithet could constitute a Title VII harassment claim, highlights the evolution of the hostile work environment doctrine, and should impel employers to rejuvenate their oversight and direction of workplace conduct, says Lionel Schooler at Jackson Walker.