Discrimination

  • September 11, 2024

    Litigation Spending To Rise As Cases Grow More Aggressive

    A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday. 

  • September 11, 2024

    Conn. Pizza Chain Sued By Ex-Operations Chief For Age Bias

    The former director of operations for Frank Pepe's, a Connecticut-based pizza chain, sued the company Tuesday in federal court for allegedly firing him because of his age, race and gender.

  • September 11, 2024

    Pest Control Company Wraps Up Fired Worker's PWFA Charge

    The U.S. Equal Employment Opportunity Commission said Wednesday that a pest control company in Florida will cough up about $47,000 to settle allegations that it violated the Pregnant Workers Fairness Act by firing a worker who wanted to attend monthly medical appointments.

  • September 11, 2024

    Wayfair Beats Fired Worker's Disability Bias Suit At 3rd Circ.

    The Third Circuit refused Wednesday to revive a disability bias suit from a former Wayfair warehouse worker who said the furniture retailer violated New Jersey law when it fired him, backing a trial court's finding that he couldn't handle the essential functions of his job.

  • September 11, 2024

    2nd Circ. Reverses S. Korean Consulate Chauffeur's Wage Win

    The Second Circuit on Wednesday overturned a decision that allowed a chauffeur working for South Korea's foreign consulate in Manhattan to pursue his wage-and-hour claims against the organization, ruling that the lower court was too quick to decide that the consulate was not immune to the claims under the foreign sovereignty law.

  • September 11, 2024

    Kirkland Can't Shake Former Associate's Bias Suit

    A California federal judge has mostly rejected efforts by Kirkland & Ellis to pare down the discrimination suit of a former intellectual property associate, while also backing a prior order that prevented the firm from subpoenaing her former BigLaw employers for confidential personnel information.

  • September 11, 2024

    10th Circ. Backs Christian School Worker's Religious Bias Suit

    The Tenth Circuit revived religious discrimination claims from a former assistant principal who was fired after voicing concern about a school production of a play about the murder of a gay man, ruling that he provided enough circumstantial evidence to keep those allegations in court.

  • September 11, 2024

    Education Tech Co. Settles EEOC Pay Bias Probe

    Boxlight Inc. agreed to change its policies and have a third-party auditor examine its pay practices after a U.S. Equal Employment Opportunity Commission investigation found the education technology company willfully underpaid a female manager, the EEOC said.

  • September 11, 2024

    Phelps Dunbar Recruits 6 Litigators In Raleigh

    Phelps Dunbar LLP has hired six lawyers in Raleigh to serve the business and litigation needs of companies in North and South Carolina, adding strength in health care, construction, employment and intellectual property.

  • September 11, 2024

    Hotel Worker Can Bring Perimenopause Discrimination Claim

    A hotel manager was disabled by perimenopause, an employment tribunal has ruled in the latest claim for protection against workplace discrimination for menopausal women.

  • September 11, 2024

    MS Charity Liable For Not Assessing Risks To Pregnant Staffer

    A multiple sclerosis charity discriminated against a pregnant support officer by failing to run a pregnancy-specific risk assessment for her role, a tribunal has ruled.

  • September 11, 2024

    Healthcare Co. Denied Nurse Time For Surgery, EEOC Says

    A company that operates nursing and rehabilitation facilities failed to act when a nurse was sexually harassed by her supervisor, then told the employee to quit when she needed time off for surgery, the U.S. Equal Employment Opportunity Commission said in Illinois federal court.

  • September 11, 2024

    Constangy Brings On More Jackson Lewis Attys In San Diego

    Three former Jackson Lewis PC attorneys have come aboard at the San Diego office of labor and employment firm Constangy Brooks Smith & Prophete LLP, joining four onetime Jackson Lewis colleagues who arrived at Constangy this summer. 

  • September 10, 2024

    Scientist Nabs $3.8M Win In U. Of Alabama Harassment Suit

    A federal jury found that a former University of Alabama at Birmingham scientist should receive nearly $4 million in damages after allegedly enduring years of harassment based on her race and Iranian national origin, an assault by her supervisor and a trumped-up arrest after she complained about the mistreatment.

  • September 10, 2024

    EEOC Accuses Semitrailer Maker Of Pregnancy Bias

    The U.S. Equal Employment Opportunity Commission on Tuesday filed what it called its first lawsuit to enforce the Pregnant Workers Fairness Act, taking aim at a trailer manufacturer that it accused of failing to accommodate a pregnant assembly-line worker.

  • September 10, 2024

    Time Lag Dooms Coach's Retaliation Suit, 5th Circ. Says

    The Fifth Circuit refused to revive a lawsuit from a high school basketball coach who said that reporting that he'd been sexually harassed cost him his coaching gig, saying too much time elapsed between his harassment complaint and the alleged retaliation to infer a connection.

  • September 10, 2024

    Fulton County Tries To Chop Court Staffer's Harassment Suit

    A Georgia county this week fired back against a former courts employee's claims she was disciplined, passed over for promotion and threatened with a longer commute for speaking out about a supervisor's sexual abuse, contending her lawsuit is missing key supporting facts.

  • September 10, 2024

    FAMU Must Face Law Professor's Race Bias Claims

    A Florida federal judge won't toss a Florida A&M University College of Law professor's suit claiming that she was subjected to race-based discrimination, ruling that although her latest complaint could benefit from "significant refinement," it properly alleges her claims.

  • September 10, 2024

    Ex-Barclays VP Loses Bid To Retry Lost Promotion Claim

    An attempt by a former Barclays vice president to revive her claim that she faced racial discrimination during a promotion round has failed, as an employment tribunal ruled that she was merely trying to "have another bite at the cherry."

  • September 09, 2024

    Calif. State Senator's Ex-Staffer Sues For Sexual Harassment

    California State Sen. Marie Alvarado-Gil created a toxic work environment for her former chief of staff, demanding he perform sex acts to prove his loyalty and firing him for objecting to her "sexualized abuse of power," the former staffer alleged in a new complaint filed in Sacramento Superior Court.

  • September 09, 2024

    SpaceX Urges Arbitration Of Sex Harassment Suit

    Attorneys for SpaceX urged a California state court judge Monday to rethink a tentative ruling that declined to send a sexual harassment claim by an employee to arbitration but found 10 other claims are arbitrable, arguing the harassment claim predates a statute requiring that it be adjudicated in court. 

  • September 09, 2024

    Texas Barber School Spurned Pregnant Applicant, EEOC Says

    A Dallas hairstylist school rejected a job applicant because she was pregnant, telling her in a text message that it wasn't in the school's best interest to hire her because it already had a pregnant instructor, the U.S. Equal Employment Opportunity Commission alleged Monday in a lawsuit.

  • September 09, 2024

    NC Sheriff Settles Former Jailer's Bias Suit On Eve Of Trial

    The Mecklenburg County Sheriff's Office and an ex-detention officer reached a deal in the officer's sex discrimination lawsuit on the eve of trial, according to a notice filed with a North Carolina federal court.

  • September 09, 2024

    Dems To Bring Back Judiciary Accountability Bill

    In the coming weeks, Democrats in the House and Senate will be reintroducing a bill that they say will better protect the approximately 30,000 federal judiciary employees from discrimination and sexual harassment, two lawmakers said on Monday.

  • September 09, 2024

    6th Circ. Backs Ohio Town's Win In Mental Health Bias Suit

    A split Sixth Circuit panel said a former maintenance tech for an Ohio township can't revive his suit claiming he was fired for suffering a psychiatric break on the job, ruling he couldn't overcome the township's position that he was fired for missing a work deadline.

Expert Analysis

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • What Texas Employers Should Know After PWFA Ruling

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    After a Texas federal judge recently enjoined federal agencies from enforcing the Pregnant Workers Fairness Act against the state of Texas, all employers must still remain sensitive to local, state and federal protections for pregnant workers, and proactive in their approach to pregnancy-related accommodations, says Maritza Sanchez at Phelps Dunbar.

  • AI In Performance Management: Mitigating Employer Risk

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    Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • 11th Circ. FMLA Ruling Deepens Divide Over Causation

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    The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.

  • Handling Neurodivergence As The Basis Of Disability Claims

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    Three recent discrimination claims in Rhode Island and New Jersey show how allegations of adverse treatment of neurodivergent individuals will continue to be tested in court, so employers should create an environment that welcomes the disclosure of such conditions, says Ting Cheung at Sanford Heisler.

  • Employers Should Take Surgeon's Sex Bias Suit As A Warning

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    A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.