Discrimination

  • September 22, 2022

    Security Worker Illegally Fired After Heart Attack, EEOC Says

    A security firm violated federal age and disability bias laws by firing an employee after he had a heart attack and replacing him with a much younger worker, the U.S. Equal Employment Opportunity Commission said in a suit filed in New York federal court.

  • September 22, 2022

    Calif. Ban On Forced Arbitration On Ice As 9th Circ. Regroups

    Nearly two years after California enacted a sweeping crackdown on businesses requiring arbitration agreements as a condition of employment, the law's future is uncertain as the business community gets a renewed shot to challenge it.

  • September 22, 2022

    TV Co. Violated ADA By Firing Bipolar Worker, EEOC Says

    Sinclair Broadcast Group ran afoul of federal disability bias law when it fired a help desk worker after finding out she had bipolar disorder, according to a suit from the U.S. Equal Employment Opportunity Commission.

  • September 21, 2022

    DOJ Inks Job Ad Bias Deals With Walmart, Capitol One, Others

    The U.S. Department of Justice announced Wednesday it has reached settlements with four companies including Walmart and Capitol One to resolve claims the businesses discriminated against non-U.S. citizens by posting job advertisements with illegal citizen status restrictions.

  • September 21, 2022

    EEOC Age Bias Suit Survives Ohio State's Dismissal Bid

    An Ohio federal judge knocked down Ohio State University's attempt to toss a U.S. Equal Employment Opportunity Commission lawsuit alleging the institution replaced a human resources worker with a younger candidate, ruling Wednesday that the worker put forward enough detail to show potential pretext.

  • September 21, 2022

    Worker Who Called Cops On Black Birder Loses Firing Suit

    A New York federal judge on Wednesday tossed a race and sex discrimination lawsuit brought against investment firm Franklin Templeton by former employee Amy Cooper, who was let go after a viral video surfaced of her calling the police on a Black birdwatcher.

  • September 21, 2022

    IHOP Franchisee Settles EEOC Sex Harassment Suit

    An IHOP franchisee has agreed to pay $125,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging it failed to intervene when a manager sexually harassed two female workers until they quit, according to an agreement that obtained court approval Wednesday.

  • September 21, 2022

    10th Circ. Upholds Frito-Lay Union Win In Bias Suit

    A former Frito-Lay worker failed to support claims that a union representing him mishandled his grievance over his termination because of his race, a Tenth Circuit panel ruled Wednesday, affirming a lower court's decision tossing the suit.

  • September 21, 2022

    Staples Ex-Manager Gets Equal Pay Claim Revived

    A California state appeals court reversed Staples' win on a former sales manager's claim that she was paid less than a male counterpart but tossed her sex discrimination and retaliation claims, ruling that she had proven there was a pay disparity but not that it was linked to her gender.

  • September 21, 2022

    2nd Circ. Backs Deutsche Bank Win Over Retaliation Suit

    The Second Circuit on Wednesday refused to revive a suit alleging that Deutsche Bank denied an employee his bonus and fired him because he participated in an investigation into a colleague's racist remarks, ruling the worker failed to refute he was let go because of downsizing.

  • September 21, 2022

    ​​​​​​​Sikhs Denied 2nd Bid To Start Marine Training With Beards

    A D.C. federal judge has refused to allow three Sikhs to start basic training with uncut hair and beards pending an appeal over related U.S. Marine Corps policy, saying doing so could negatively affect the Marines' "national security mission."

  • September 21, 2022

    Female Athletes Sue U. Of Central Okla. Over Title IX Claims

    The University of Central Oklahoma was hit with a proposed Title IX class action in the Western District of Oklahoma on Tuesday for allegedly depriving its female student-athletes of the same benefits and treatment as male players.

  • September 21, 2022

    DC Court Nominees Face Light Scrutiny At Senate Hearing

    Three D.C. Superior Court nominees and one D.C. Court of Appeals nominee breezed through a Senate nomination hearing Wednesday, facing only three broad questions about caseload management, proper judicial temperament and how they would adjust to their new positions if approved.

  • September 21, 2022

    Seyfarth Shaw Heavyweight Maatman Jumps To Duane Morris

    After two decades at Seyfarth Shaw LLP, employment class action heavy hitter Gerald Maatman is joining Duane Morris LLP, where he will head a newly formed workplace class action practice that will include a group of lawyers from his former firm.

  • September 21, 2022

    Lambda Legal Director Jumps To Katz Banks Kumin

    Employment and civil rights law firm Katz Banks Kumin has gained the former chief strategy officer and legal director for LGBTQ civil rights organization Lambda Legal as a partner at the firm, adding one of the country's leading civil rights attorneys to its roster.

  • September 21, 2022

    11th Circ. Won't Rehear Doctor's VA Age Bias Suit

    The Eleventh Circuit has rejected a bid from a doctor who requested to have his suit reheard for the third time in a case he filed against the U.S. Department of Veterans Affairs alleging the agency did not grant him employment because of his age, gender and prior employment dispute.

  • September 21, 2022

    Robert Sarver Says He Will Sell Phoenix Suns And Mercury

    Robert Sarver announced on Wednesday that he plans to sell the NBA's Phoenix Suns and the WNBA's Phoenix Mercury, eight days after the NBA suspended him for a year and fined him $10 million for racist and misogynist behavior and workplace bullying.

  • September 21, 2022

    US Steel, Black Ex-Manager Settle Race Bias Suit

    U.S. Steel and a Black former manager reached a deal to end the manager's allegations that she was fired due to her race rather than safety violations, a mediator told an Illinois federal court.

  • September 20, 2022

    11th Circ. Won't Revive Mail Carrier's Retaliation Suit

    The Eleventh Circuit on Tuesday upheld the U.S. Postal Service's win in an ex-worker's suit alleging he was fired for complaining about how a manager treated him after they ended a romantic affair, saying he hadn't overcome the trial court's rationale for nixing his suit.

  • September 20, 2022

    Judge Hands CBS Win In Miami Reporter's Age, Sex Bias Suit

    A Florida federal judge affirmed on Tuesday a magistrate judge's findings that an ex-CBS television reporter failed to prove that she had been the victim of age or sex discrimination and tossed the reporter's lawsuit.

  • September 20, 2022

    Fox Dodges Defamation Suit From Ex-Host Accused Of Rape

    A New York federal judge let Fox News off the hook Tuesday in former host Ed Henry's suit alleging the network and its CEO defamed him when it announced his termination after a producer accused him of rape.

  • September 20, 2022

    Divided Wash. Panel Revives Religious Discrimination Case

    A Washington state appellate panel on Tuesday revived a lawsuit accusing a state-run residential facility of failing to accommodate a nurse's beliefs by firing her for talking off religious days, finding that the nurse raised reasonable claims that the facility wouldn't suffer undue hardship in accommodating her requests.

  • September 20, 2022

    DC Circ. Backs Navy Win In Secretary's Bias Suit

    The D.C. Circuit refused Tuesday to revive a suit alleging a U.S. Navy supervisor improperly told others about a Black secretary's past complaints of discrimination as payback for making the reports, ruling she jumped the gun by suing too quickly.

  • September 20, 2022

    James Franco's $2.2M Film School Sex Exploitation Deal OK'd

    A California state court judge on Tuesday preliminarily blessed a $2.2 million deal that James Franco and his studio partners reached with two former students in their putative class action alleging that the actor's now-defunct film school sexually exploited its students, four months after ordering the parties to make revisions.

  • September 20, 2022

    'Office Housework' Can Make A Legal Mess For Employers

    Women in the workplace are picking up more than their fair share of unpaid tasks like cleaning, scheduling, and mentoring, experts say, and employers that don't intervene risk burning out their hardest workers and inviting legal liability.

Expert Analysis

  • Medley Of State AI Laws Pose Employer Compliance Hurdles

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    As the patchwork of state and local laws governing artificial intelligence use in employment decisions continues to grow, employers should consider several compliance best practices, including bias audits and consent forms, say attorneys at Gibson Dunn.

  • Settling Bias Claims: Q&A With Orit Goldring

    Excerpt from Practical Guidance
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    Orit Goldring of The Goldring Firm answers questions from Elias Kahn at LexisNexis about trends in executing settlement and severance agreements for employment discrimination, harassment and retaliation claims.

  • Employer Tips Following EEOC Caregiver Bias Updates

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    In light of the U.S. Equal Employment Opportunity Commission’s recent guidance on employer obligations toward employees with caregiving responsibilities, companies should carefully consider the needs of their workforce as the COVID-19 pandemic lingers, and caregiver discrimination claims become a more mainstream area of law, says Catherine Scott at Morgan Brown.

  • 2nd Circ. Title VII Ruling Guides On Joint Employer Doctrine

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    Although the Second Circuit recently affirmed the dismissal of Felder v. U.S. Tennis Association, it clarified how courts can determine whether two employers are jointly liable for Title VII claims, so entities that use staffing companies or contract workers should follow several best practices to limit joint employer liability, say William Manuel and Anne Yuengert at Bradley Arant.

  • OFCCP Proposal May Create Uncertainty In Bias Proceedings

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    If the Office of Federal Contract Compliance Programs implements recently proposed rule changes that would ease notice and evidentiary standards for bias claims, federal contractors and subcontractors should expect to face more findings of discrimination with less transparency, says Guy Brenner at Proskauer.

  • Contractor Compliance Hurdles In USDA Labor Rule Proposal

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    Given the U.S. Department of Agriculture’s recent proposal to revive the so-called blacklisting rule requiring certification of compliance with certain labor laws, federal contractors may want to revamp their processes for tracking violations and conducting due diligence in order to avoid the potential for making false representations to the government, says Jack Blum at Polsinelli.

  • Employer's Agenda: IHG Counsel Talks Remote Investigations

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    The pandemic and shift to remote work have drastically altered workplace investigations, making it imperative for in-house counsel to ensure interim actions, witness interviews and attorney-client privilege are addressed in accordance with the unique challenges posed by the telework landscape, says Sherry Nielsen, senior corporate counsel for labor and employment at IHG Hotels & Resorts.

  • EEOC Vax Exemption Insights Employers May Have Missed

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    While some recent updates to the U.S. Equal Employment Opportunity Commission’s COVID-19 guidance may seem minor, a closer look reveals valuable direction on vaccine-related religious accommodation requests — especially in cases where employees seek unpaid leave or their religious and political views seemingly overlap, say Carissa Davis and John Melcon at Sherman & Howard.

  • Tesla Race Bias Cases Highlight Risk Of Follow-On Claims

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    Following large damages awards handed to two workers in separate cases alleging racial discrimination at a Northern California Tesla factory, a new series of similar claims against the company illustrate how headline-grabbing verdicts can often lead to follow-on cases and class actions, say Ahtoosa Dale and Jeff Wilkerson at Winston & Strawn.

  • Yale Deal Shows Pitfalls Of Penalty-Based Wellness Programs

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    Yale University’s recent settlement with workers who accused the school of violating anti-discrimination laws with its health expectation program highlights the risks associated with penalty- and incentive-based employer wellness programs, which may not be alleviated until the U.S. Equal Employment Opportunity Commission issues clarifying regulations, says Chad DeGroot at Laner Muchin.

  • Compliance Reminders For Workplace St. Patrick's Day Fun

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    As many employees head back to the office following two years of working remotely, companies aiming to boost morale with St. Patrick’s Day celebrations this week should share reminders about appropriate workplace attire and behavior, harassment reporting, and sick leave entitlements to foster a safe environment and protect against litigation, say Keith Markel and John Fulfree at Morrison Cohen.

  • ABA's New Anti-Bias Curriculum Rule Is Insufficient

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    The American Bar Association's recently approved requirement that law schools educate students on bias, cross-cultural competency and racism, while a step in the right direction, fails to publicly acknowledge and commit to eradicating the systemic racial inequality in our legal system, says criminal defense attorney Donna Mulvihill Fehrmann.

  • New Harassment Arbitration Ban Is Complicated In Practice

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    Though a new law prohibiting mandatory arbitration of workplace sexual harassment claims appears straightforward, its application may be uncertain if a complaint asserts additional claims, so employers should consider several ways of structuring their arbitration programs moving forward, says Jonathan Wetchler at Duane Morris.