Discrimination

  • September 26, 2022

    Muslim Ex-Worker Can't Flip American Airlines' Bias Suit Win

    A New Jersey federal judge denied a former flight attendant's request to overturn American Airlines' victory in his religious discrimination suit, saying the ex-worker's claims that the airline's lawyers and the judge were colluding against him were unfounded.

  • September 26, 2022

    11th Circ. Upholds Wells Fargo Win In Age Bias Suit

    The Eleventh Circuit refused to revive a suit alleging that Wells Fargo fired a regional banking manager because he was 59, ruling the employee failed to show that concerns about his performance were used as cover for age discrimination.

  • September 23, 2022

    ​​​​​​​Airline Uniform Fight Shows Perils Of Gendered Dress Codes 

    Washington state's anti-bias watchdog recently found that an Alaska Airlines policy forcing flight crew members to choose between male or female uniforms is likely discriminatory, a determination that experts say should serve as a reminder to employers to scrub sex-based distinctions from their rule books. Here, Law360 looks at three things employers should know when reviewing their dress codes and grooming rules. 

  • September 23, 2022

    EEOC Says Md. State Psych Hospital Paid Women Less

    A Maryland Department of Health psychiatric hospital repeatedly promoted an underqualified male employee and paid him a higher salary than more experienced women even while they supervised his work, according to a U.S. Equal Employment Opportunity Commission lawsuit filed in federal court.

  • September 23, 2022

    EEOC Weekly Recap: Surprise Vote On Enforcement Plan

    Friction between the U.S. Equal Employment Opportunity Commission's members was on display at a public agency event Thursday during an unexpected vote affecting the commission's enforcement strategy, and the agency fired off a trio of disability discrimination lawsuits. Here's a look back at the EEOC's week.

  • September 23, 2022

    Ex-Office Manager Sues Over Pregnancy Leave Firing

    An Indian former office manager at an asset management company accused it in a lawsuit Friday in New York federal court of firing him for taking leave during his wife's pregnancy and in retaliation for complaining about racial and religious bias.

  • September 23, 2022

    Philadelphia Settles Attorney's Disability Bias Suit

    The city of Philadelphia agreed to settle a Black former assistant solicitor's suit claiming she was fired for being hospitalized for a flare-up of sickle cell anemia after being subjected to increased scrutiny because of her race and gender, according to a filing in Pennsylvania federal court.

  • September 23, 2022

    Pot Giant Accused Of Forcing Out Female Employees

    Cannabis behemoth Green Thumb forced a middle-aged woman and medical marijuana advocate out of her job because she didn't "fit in with the company culture," which was young, single and male, according to a new suit filed in Pennsylvania federal court.

  • September 23, 2022

    Ex-Dean Sues Texas Southern U. Law School Over Firing

    The first female dean of Texas Southern University's Thurgood Marshall School of Law has launched a federal lawsuit claiming she was fired in June without justification and that she was treated differently from her male predecessors.

  • September 23, 2022

    Cleveland Orchestra Settles Transgender Worker's Suit

    The Cleveland Orchestra on Friday settled a lawsuit filed by a transgender employee after it agreed to cover medical care associated with her gender-affirming surgery, something it previously refused.

  • September 23, 2022

    Guess Board Ignored Exec's Harassment, Del. Suit Alleges

    Board members at Guess Inc. have tolerated "sustained, despicable, and abusive sexual misconduct" by the fashion company's co-founder Paul Marciano for more than four decades, harming the company and its shareholders through their continued inaction, a Delaware Chancery Court complaint alleges.

  • September 23, 2022

    Health Center, Doctor Settle ADHD Discrimination Suit

    A community health center and a doctor who said he was unlawfully fired for having attention deficit hyperactivity disorder told a federal court in Washington State that they had reached a deal to wrap up his disability bias suit.

  • September 23, 2022

    Court Tosses Fired Cardiologist's Claims Of Gender Bias

    A New York federal judge tossed a cardiologist's lawsuit claiming he was fired because of false reports that he refused to work with female lab technicians, finding concerns about his qualifications existed even before anyone complained.

  • September 23, 2022

    NY Forecast: Police Academy Retaliation Suit At 2nd Circ.

    The Second Circuit on Sept. 30 will consider a former New York police contractor's lawsuit claiming his contract at a police academy was not renewed because he reported concerns about improper conduct in public safety certification programs. Here, Law360 looks at that case and other major labor and employment cases on the docket in the state.

  • September 23, 2022

    Calif. Forecast: Airline Food Workers Seek $3.9M Wage Deal

    In the coming week, attorneys should watch for initial settlement approval in a proposed wage and hour class action against a pair of entities behind an airline catering company. Here's a look at that case and other labor and employment matters coming up in California.

  • September 23, 2022

    Another Constangy Brooks Atty Jumps To Fox Rothschild

    Fox Rothschild LLP has recruited another Constangy Brooks Smith & Prophete LLP labor litigator to join its employment practice as counsel in its San Francisco office.

  • September 22, 2022

    Tesla Countersues Calif. Agency Over Race Bias Claims

    The California Civil Rights Department's lawsuit that alleges widespread anti-Black harassment at a California Tesla Inc. factory is based on "underground rulemaking," in violation of state law, Tesla said in a countersuit against the agency Thursday.

  • September 22, 2022

    Chicago Urges Court Not To Revive Genetic Bias Damages Bid

    The city of Chicago told an Illinois federal judge that workers cannot restore claims for cash damages in their suit alleging that a city wellness program violated federal genetic discrimination law, saying the workers' bid to reinstate the claims is untimely and baseless.

  • September 22, 2022

    Rise In Remote Work May Help More Blind Workers Get Hired

    Blind Americans still face obstacles when it comes to finding work, but the pandemic-inspired shift toward telework and advances in technology mean employers have more opportunities than ever to bring on visually impaired employees. Here are three things employers can do to attract and retain them.

  • September 22, 2022

    Wash. High Court Mulls Alaska Air Family Leave Ruling

    Washington's Supreme Court on Thursday wrestled with ambiguous language in the state Family Care Act as justices tried to determine whether an Alaska Airlines flight attendant should have been able to use vacation leave at the last minute to care for a sick child, even when she had scheduled the vacation time for months in the future.

  • September 22, 2022

    Texas Ex-Professor Settles Microaggression Critique Suit

    The University of North Texas and a former professor told a Texas federal judge on Thursday that they had settled the professor's lawsuit alleging he was fired for criticizing the concept of microaggressions and refusing to apologize.

  • September 22, 2022

    Former Ga. City Employee Reaches Deal In Retaliation Suit

    A former equal opportunity director for Augusta, Georgia, and her employer reached a settlement in a retaliation suit over her termination, which went to the Eleventh Circuit after a federal judge found that she wasn't engaging in protected activity.

  • September 22, 2022

    MLB Umpire Refutes League's Claims Of Poor Performance

    A Cuban-born Major League Baseball umpire accused the league of cherry-picking incidents of poor behavior to explain why he wasn't promoted or given opportunities to officiate the World Series, telling the Second Circuit that he had a positive record of feedback but was passed over because of his race.

  • September 22, 2022

    Ex-Cop Fired After Bipolar Diagnosis Loses ADA Bias Suit

    An Illinois federal judge ruled that a former Chicago-area police officer was not discriminated against when he was removed from his job after he was diagnosed with bipolar disorder, granting judgment in favor of his ex-employer and shuttering the suit.

  • September 22, 2022

    Bias Suit Accuses Amazon Of Refusing To Hire Sex Offenders

    A registered sex offender sued Amazon and a background check provider in California federal court, alleging the companies illegally used information about his past rape conviction to deny him a job in one of the online retail giant's fulfillment centers.

Expert Analysis

  • DOL's New Retaliation Focus Requires Employer Vigilance

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    In light of the U.S. Department of Labor’s recently issued bulletin signaling a wide-sweeping approach and enforcement posture to even subtle forms of retaliation, employers must ensure they have a solid framework for fair treatment, prompt investigation and appropriate resolution of employee complaints, says Mark Tabakman at Fox Rothschild.

  • To Close Pay Gaps, Laws Must Shift Burden To Employers

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    To address the scourge of gender- and race-based pay gaps, legislators should follow the recent lead of several jurisdictions by requiring companies to advertise salary ranges with job postings and prohibiting reliance on past pay, reversing the information asymmetry that gives employers more bargaining power, say Christine Webber and Rebecca Ojserkis at Cohen Milstein.

  • ADA Ruling's Lessons On Worker Drug Tests In A CBD World

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    An Indiana federal court’s recent decision in Rocchio v. E&B Paving, holding that a company did not violate the Americans with Disabilities Act in firing an employee who later claimed cannabidiol oil led to his failed drug test, offers key lessons for employers, workers and CBD product manufacturers, say attorneys at Bradley Arant.

  • 3 Circuit Court Rulings Offer ADA Compliance Lessons

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    Three recent decisions from the First, Seventh and Tenth Circuits — all of which resulted in employer victories over Americans with Disabilities Act claims — provide several important takeaways for companies navigating the ADA’s contours both during an individual’s hiring process and subsequent employment, say Erin Foley and James Nasiri at Seyfarth.

  • ADA Ruling Guides On Post-Leave Job Fitness Tests

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    A Massachusetts federal court’s recent ruling in LaCroix v. Boston Police Department reiterates that blanket policies requiring medical tests for all employees returning to work after leave can violate the Americans with Disabilities Act, reminding employers to ensure such tests are job-related and consistent with business necessity, say Arlene Kline and Paige Newman at Akerman.

  • Navy Vaccine Ruling Shows Kavanaugh Thought Process

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    The U.S. Supreme Court's recent decision permitting the Navy to require COVID-19 vaccinations sheds light on how the justices, particularly Brett Kavanaugh, stand on the executive branch's power and the legality of vaccine mandates, says attorney Philip Howe.

  • Minimizing Bias Between Workers As Offices Reopen

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    As employees returning to in-person work may be rusty when it comes to interacting with others in the same physical space, employers should work to prevent instances of discrimination and harassment between workers by taking steps such as updating policies and providing regular training, say attorneys at Baker McKenzie.

  • Avoiding Surprise Taxation Of Employment Settlements

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    Sandra Cohen at Cohen & Buckmann discusses how to avoid unwelcome tax-related payments in connection with settling an employment claim, as the extra cost can significantly decrease the perceived value of an offer and push the parties further apart.

  • Awaiting Guidance On Calif. Peace Officer Bias Screenings

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    While California law enforcement agencies wait for final regulatory guidance on a law requiring peace officers to be screened for bias during the hiring process, they should begin to incorporate previously proposed standards, assessing several data sources for evidence of biased behaviors, attitudes and relevant attributes, say Geoffrey Sheldon and Paul Knothe at Liebert Cassidy.

  • Transforming Law Firms' Diversity Intent Into Real Progress

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    In order for law firms to convert their diversity and inclusion activity into lasting advancements, they must prioritize accountability and transparency when crafting policies, and take steps to engage with attorneys and staff at all levels, say Jacqueline Simonovich at Weintraub Tobin and Lindsey Mignano at Smith Shapourian.

  • Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Employers Must Beware Harassment Risks Posed By Emojis

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    As employees increasingly point to the use of emojis in workplace communications to substantiate Title VII discrimination and harassment claims, employers should update policies and trainings to mitigate the risks posed by winking smiley faces and other ambiguous symbols that can be misinterpreted, say Rocio Blanco Garcia and Alan Persaud at Littler.

  • Employer's Agenda

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    In this Expert Analysis series, in-house employment attorneys discuss the most important issues companies and counsel should plan for amid the current business landscape, and offer practical advice for how to address the year's unique challenges.