Discrimination

  • October 15, 2024

    Waste Removal Cos. Ink $3.1M Deal In EEOC Gender Bias Suit

    Four waste removal companies have agreed to pay $3.1 million to shutter a U.S. Equal Employment Opportunity Commission suit in Georgia federal court alleging they passed over female applicants for truck driver positions.

  • October 15, 2024

    4th Circ. Won't Revive Ex-Development Director's Bias Suit

    A North Carolina city's win over a former development director's discrimination and wage suit will stay in place, the Fourth Circuit ruled Tuesday, finding no error in a lower court's decisions.

  • October 15, 2024

    Healthcare Co. Can't Escape EEOC Promotion Denial Suit

    HCA Healthcare can't escape a U.S. Equal Employment Opportunity Commission lawsuit claiming it refused to promote a researcher because he was an Asian man in his 50s, a Tennessee federal judge ruled, saying the agency plausibly alleged that the medical company was his employer.

  • October 15, 2024

    WWE Accuser Ties Conn. Physical Therapist To Alleged Abuse

    A former legal staffer accusing World Wrestling Entertainment Inc. and former leader Vince McMahon of sex trafficking has linked a physical therapist, who she referenced in her federal complaint, with a Connecticut doctor and medical practice she is pursuing in state court for information about her treatments.

  • October 15, 2024

    Chicago Workers Can't Pursue Vax Policy 'Fishing Expedition'

    An Illinois state appellate panel has backed a trial court's decision to toss a group of Chicago employees' lawsuit accusing the city of illegally adopting its COVID-19 vaccination policy, agreeing the workers have no legal basis for their claim.

  • October 15, 2024

    Popeyes Franchisee Settles EEOC Pregnancy Bias Probe

    A Popeyes franchisee in Florida reached a deal with the U.S. Equal Employment Opportunity Commission after the agency found reasonable cause to believe the restaurant fired a worker because it learned she was pregnant. 

  • October 15, 2024

    Law Firms Diverge As Anti-ESG Pushback Continues

    A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.

  • October 15, 2024

    The 2024 Law360 Pulse Social Impact Leaders

    Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.

  • October 15, 2024

    U. Of Kentucky Axes Religious Challenge To COVID Vax Policy

    The Sixth Circuit upheld the University of Kentucky's win in a department manager's suit claiming she was forced into retirement after opposing its COVID-19 vaccine and testing mandate because of her religious convictions, ruling her case lacked proof of her beliefs.

  • October 15, 2024

    Equinox Says Poor Performance, Not Bias, Got Worker Axed

    Fitness company Equinox urged a New York federal court to throw out a former high-level employee's suit alleging the company's "bro culture" placed her on the chopping block, saying she was part of its COVID-induced reduction-in-force because her performance was waning.

  • October 11, 2024

    Up Next At High Court: CBD Injuries & The Clean Water Act

    The U.S. Supreme Court will be closed Monday, but the justices will return to the bench Tuesday to hear arguments over whether the federal Racketeering Influenced and Corrupt Organizations Act allows litigants to pursue claims of economic harm tied to personal injuries, and how specific pollutant discharge limits have to be under the Clean Water Act.

  • October 11, 2024

    Judge OKs Deal In One Of EEOC's First PWFA Suits

    A Florida federal judge on Friday approved a nearly $100,000 consent decree between a Florida resort and a line cook fired when she requested time off after a stillbirth, in one of the U.S. Equal Employment Opportunity Commission's first batch of cases accusing employers of violating the Pregnant Workers Fairness Act.

  • October 11, 2024

    5 Questions About NY's Workplace Violence Prevention Law

    A recently adopted New York law will soon require retail employers to craft detailed plans to prevent violence on job sites, presenting a new compliance hurdle for businesses and joining a growing number of mandates from other states requiring employers to take steps to curtail workplace threats. Here are five questions attorneys have now that the new Empire State law is on the books.

  • October 11, 2024

    EEOC Tells Full 8th Circ. To Revive Diabetic Worker's ADA Suit

    The U.S. Equal Employment Opportunity Commission urged the full Eighth Circuit to uphold the revival of a lawsuit alleging a Hardee's franchisee fired a manager over her diabetes, arguing Friday that an employer's honest belief that a worker violated corporate policy doesn't automatically defeat disability bias claims.

  • October 11, 2024

    11th Circ. Backs MetLife's Win In Former Exec's Sex Bias Suit

    The Eleventh Circuit refused Friday to reopen a former MetLife executive's lawsuit claiming she was assigned administrative tasks because she's a woman and had certain responsibilities taken away after she complained, ruling the male colleagues she said were treated better weren't actually comparable.

  • October 11, 2024

    3rd Circ. Won't Deem Bus Driver's Migraines FMLA-Eligible

    A Pennsylvania public transit employee didn't have the requisite "serious health condition" to back his workplace retaliation claims under the federal Family Medical Leave Act, the Third Circuit ruled Friday, declining to reinstate a trial victory for the bus driver. 

  • October 11, 2024

    No Coverage For Wage Disclosure Suits, Insurer Says

    An insurer said it has no duty to defend or indemnify two restaurant franchise operators accused of violating Washington's Equal Pay and Opportunities Act, telling a federal court that the allegations do not trigger coverage under an employment practices liability insurance policy.

  • October 11, 2024

    Babson College, South Asian Professor Resolve Bias Suit

    A former Babson College professor of South Asian descent has resolved a suit alleging she was demeaned by a white male colleague and blocked by the school from advancing her career.

  • October 11, 2024

    Michigan Tech Wants New Trial In Prof's Pregnancy Bias Case

    Michigan Technological University has asked a judge to toss a jury verdict in favor of a former professor in a pregnancy discrimination case, saying evidence related to the professor's theory that the college was planning to deny her tenure should have been kept out of trial.

  • October 11, 2024

    Weinstein Charges Should Be Combined For Retrial, DA Says

    Prosecutors asked a New York state court judge to consolidate Harvey Weinstein's 2018 rape indictment with newly filed sexual assault charges ahead of his retrial, panning the former Hollywood producer's "creative" arguments for separate trials.

  • October 11, 2024

    Ind. City Screened Out Female, Black Cop Hopefuls, DOJ Says

    An Indiana city's police department used written and physical fitness tests that disadvantaged Black and female applicants, effectively screening them out for officer positions, the U.S. Department of Justice alleged Friday in a new federal lawsuit.

  • October 11, 2024

    NY Forecast: 2nd Circ. Hears Blue Man Group Union Dispute

    This week, the Second Circuit will consider the National Labor Relations Board's bid to enforce an order finding a school founded by members of the Blue Man Group refused to bargain with a United Auto Workers local after the union's 2021 election victory.

  • October 11, 2024

    Farm Labor Contractor Settles EEOC Pregnancy Bias Charge

    The U.S. Equal Employment Opportunity Commission announced it reached a deal with a farm labor contractor to resolve a worker's discrimination charge claiming the business pulled her off the job when she asked to attend pregnancy-related medical appointments.

  • October 11, 2024

    Calif. Forecast: $12M PNC Wage Deal Heads To Judge

    In the coming week, attorneys should keep an eye out for the potential final approval of a nearly $12 million deal to resolve a wage and hour class action against PNC Bank NA. Here's a look at that case and other labor and employment matters coming up in California.

  • October 10, 2024

    Ousted Chair's Claims To Go Before Arbitrator, Judge Says

    A New York federal judge ruled that an arbitrator must decide whether the ousted former chairperson of software investment company The Resource Group International Ltd., who was forced to resign in late 2021 following a widely reported sexual harassment scandal, can pursue some of his claims in arbitration.

Expert Analysis

  • 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.

  • Generative AI Adds Risk To Employee 'Self-Help' Discovery

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    Plaintiffs have long engaged in their own evidence gathering for claims against current or former employers, but as more companies implement generative AI tools, both the potential scope and the potential risks of such "self-help" discovery are rising quickly, says Nick Peterson at Wiley.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Employer Pointers As Wage And Hour AI Risks Emerge

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    Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.

  • Race Bias Defense Considerations After 11th Circ. Ruling

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    In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.

  • 6 Ways To Minimize Risk, Remain Respectful During Layoffs

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    With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.