Discrimination

  • 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.

  • September 20, 2022

    Tribal Org. Snubbed Over Venue In Ex-CEO's Retaliation Suit

    The country's largest Native American advocacy group must defend in a Washington, D.C., trial court against a $5 million lawsuit claiming it withheld pay from its former CEO before firing him last month, after a federal judge rejected the organization's bid to move the case to her court.

  • September 20, 2022

    3rd Circ. Backs Philly's Win In Ex-Cop's Sex Bias Case

    The Third Circuit refused to revive a lawsuit brought by a former Philadelphia Police Department investigator who alleged she was disciplined more harshly than her male colleagues throughout her 34-year career, backing a lower court's finding that her claims were either time-barred or lacked sufficient evidence.

  • September 20, 2022

    Princeton Wants To Ax Bias Suit Over COVID Policies

    Princeton University said Tuesday that it properly fired a budget analyst for not complying with COVID-19 safety measures, telling a New Jersey federal court that she didn't back up her claims that the Ivy League school discriminated and retaliated against her due to her religion.

  • September 20, 2022

    Polsinelli Adds Ex-Armstrong Teasdale Attys As Shareholders

    Polsinelli has added three attorneys previously with Armstrong Teasdale LLP who work in areas such as labor and employment, cybersecurity and commercial litigation as shareholders in its Los Angeles and Salt Lake City, Utah, offices, the firm said Tuesday.

  • September 20, 2022

    Unisys Higher-Ups, Ex-Worker Resolve Age Bias Suit

    A group of Unisys executives and human resources employees have reached a deal to end a suit from an ex-manager who said she faced ageist comments and was fired after speaking up about it, a Pennsylvania federal court filing said.

  • September 20, 2022

    Atty Fights DQ Bid, Says Email Attack Caused License Lapse

    A Minnesota attorney claims "malicious activity" that automatically deleted emails with the phrase "bar association" led to his license lapsing in three states, as he pushes back on BNSF Railway's attempt to disqualify him from a labor dispute appeal over the episode.

  • September 20, 2022

    Cleaning Co. Settles EEOC Race Harassment Probe

    An Indiana-based industrial cleaning company agreed to shell out $100,000 after a U.S. Equal Employment Opportunity Commission investigation found a supervisor had been harassing workers about their race and national origin for years, the EEOC said Tuesday.

  • September 20, 2022

    Coast Guard Academy Settles Suit Over Parenthood Ban

    A former cadet who said the U.S. Coast Guard Academy violated his constitutional rights when it expelled him for becoming a father has struck a deal to resolve his suit, according to a filing in Connecticut federal court.

  • September 20, 2022

    JP Morgan Chase, Ex-Worker Wrap Up Disability Bias Suit

    JP Morgan Chase and an ex-worker accusing the bank of illegally failing to accommodate her mental disabilities and firing her when she complained told a Texas federal court they wanted to end the suit.

  • September 20, 2022

    Boston Knocks Fired Top Cop's Subpoena Of Davis Malm Atty

    The city of Boston asked a federal judge to reject a subpoena from the city's former police commissioner seeking to question a Davis Malm PC attorney who was tapped to write a report on domestic abuse allegations that got the commissioner fired.

  • September 20, 2022

    Harvard Says Insurer Played 'Cat & Mouse' On Top Court Case

    Harvard University accused Zurich American Insurance Co. of playing a game of "cat and mouse" in trying to avoid covering the school's legal tab racked up while defending its affirmative-action admissions policy in a suit that is now before the U.S. Supreme Court.

  • September 19, 2022

    11th Circ. Reopens Fla. Worker's Disability Bias Suit

    The Eleventh Circuit revived on Monday a former Sunrise, Florida, employee's claim that the city failed to adequately consider job modifications after he suffered a heart attack, saying jurors should decide whether he had a legally protected disability or asked his employer for an accommodation.

  • September 19, 2022

    Former State Government Attys Join Littler's NYC Office

    Littler Mendelson PC added lawyers formerly with the New York Department of Labor and the state attorney general's office as of counsel in the firm's employment and labor law practice in New York City, according to an announcement Monday.

  • September 19, 2022

    Mass. AG Can't Snag Midtrial Win In Airlines' Leave Law Row

    A federal judge denied Massachusetts' bid to get a midtrial win in a consortium of U.S. airlines' suit claiming the state sick law negatively impacts the industry, saying Monday that the court was "unwilling" to rule against the group.

  • September 19, 2022

    Ex-AT&T Worker Denied Early Win In Pregnancy Bias Row

    An Indiana federal judge refused to give a quick win to a former AT&T salesperson who said she lost her job because of company policies that penalize absences related to pregnancy, saying that AT&T never granted her an accommodation because she didn't ask for one.

  • September 19, 2022

    Asian ATF Agent's Race Bias Suit Survives DOJ Dismissal Bid

    An Asian federal agent's suit alleging the Bureau of Alcohol, Tobacco, Firearms and Explosives demoted him and retaliated against him due to his race survived a bid for total dismissal, but only after a federal judge knocked down the agent's retaliation claim.

  • September 19, 2022

    Ex-Executive Director Sues Pet Nonprofit Over Unequal Pay

    A former fundraiser for a Georgia nonprofit that encourages the spaying and neutering of pets accused the organization of violating the Equal Pay Act by offering higher pay to male employees and firing her for complaining about unequal treatment.

  • September 19, 2022

    Nursing Home Co. Beats Doctors' COVID Vaccine Challenge

    A New Jersey federal judge on Monday threw out a lawsuit from doctors challenging CareOne facilities' COVID-19 vaccine mandate because the physicians failed to secure approval from the U.S. Equal Employment Opportunity Commission to bring federal religious discrimination claims against the care facilities operator.

  • September 19, 2022

    NYC Fire Inspectors Get Class Cert. In Race, Pay Bias Suit

    A New York federal judge granted class certification Monday to a group of over 500 fire protection inspectors accusing New York City of discrimination after noticing they were subjected to the same allegedly racist pay discrepancies as their minority colleagues, ruling that the policies at issue affected the class equally.

  • September 19, 2022

    Corporate, Public Outrage Is Antidote To Bad Sports Owners

    The NBA's punishment of Phoenix Suns owner Robert Sarver serves as a reminder that, in most major American sports leagues, the power to take away a team lies only with the other owners, not the commissioner, but legal experts say those owners can be swayed by pressure from corporate sponsors and the public.

  • September 19, 2022

    Wash. AG Disputes Clergy Exception In Anti-LGBT Hiring Case

    A Christian university in Seattle can't claim its anti-LGBTQ hiring practices are protected by a ministerial exception if employees and job candidates who are not ministers fall under the policy, Washington's attorney general said in a federal court filing.

  • September 19, 2022

    Comcast Defeats Exec's 'Gay Pay Gap' Bias Suit

    A Pennsylvania federal judge threw out a gay Comcast executive’s suit accusing the telecommunications company of paying him less than his straight colleagues and targeting him with an investigation after he complained, ruling he offered no evidence to prove he was mistreated due to his sexuality.

Expert Analysis

  • Law Curbing Sexual Harassment Arbitration Is Not Enough

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    A recently enacted law that bans forced arbitration of workplace sexual assault and harassment claims is an important step for protecting American workers, but it falls short by failing to extend the prohibition to all employment-related disputes, say Kalpana Kotagal and Brendan Schneiderman at Cohen Milstein.

  • Navigating Return Of Calif. COVID-19 Supplemental Sick Leave

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    California employers must understand key similarities and important differences between a new law recently signed by Gov. Gavin Newsom that restores COVID-19-related benefits and the 2021 version of the legislation, and they should take several immediate steps to ensure compliance, say Sara Abarbanel and Krista Cabrera at Foley & Lardner.

  • Employer's Agenda: Allied Universal Counsel Talks Synergy

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    Compliance with continually evolving local, state and federal employment laws has become a central focus for in-house legal teams, which means regular communication and collaboration with departments like human resources, finance, IT and field operations are essential, says Deborah Pecci, global employment and litigation counsel at Allied Universal.

  • Employers Can't Hide Behind Inept Anti-Harassment Training

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    Once a recently passed act banning forced arbitration for workplace sexual harassment claims becomes law, employers will likely rely more heavily on trainings as a shield against liability, but this defense should be reserved for those using sincere, effective programs that address the root causes of harassment, says Lindsay Marum at Sanford Heisler.

  • Judge Jackson's Employment Rulings Embody Pragmatism

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    U.S. Supreme Court nominee Judge Ketanji Brown Jackson’s body of work on employment and labor law issues as a district court judge suggests she would defy stereotypical political descriptions and offer nuanced, pragmatic opinions if confirmed to the high court, say Stephanie Adler-Paindiris and Stephanie Lewis at Jackson Lewis.

  • What To Expect From High Court's Key FAA Cases This Term

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    Ahead of upcoming arguments in three U.S. Supreme Court cases concerning the Federal Arbitration Act, Mark Savignac at Steptoe & Johnson examines the eventual rulings’ potential implications for companies that rely on arbitration agreements, and offers considerations for practitioners seeking to enforce such contracts.

  • Settling Bias Claims: Q&A With Dorf & Nelson's David Warner

    Excerpt from Practical Guidance
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    Dorf & Nelson labor and employment department co-chair David Warner answers questions from Elias Kahn at LexisNexis about trends in executing settlement and severance agreements for employment discrimination, harassment and retaliation claims.

  • NYC Employers May Want To Revisit Vax Exemption Policies

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    In light of a lawsuit recently filed in New York federal court that challenges the religious exemption guidance for New York City’s indoor activity COVID-19 vaccine requirements — which is similar to the employer vaccine mandate guidance — companies should examine worker accommodation request protocols to mitigate litigation risks, say Kelly Cardin and Jessica Schild at Ogletree.

  • 2 High Court Cases That Can Alter Arbitration Playing Field

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    Two matters currently pending before the U.S. Supreme Court — Badgerow v. Walters and Morgan v. Sundance — could significantly affect employment and business contracts that contain arbitration clauses, and attorneys will be well-advised to study not only the disposition of the cases but the specific reasoning of the court, say attorneys at Porter Wright.

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • What Mandatory Arbitration Limits Could Mean For Employers

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    In light of legislation recently passed by the U.S. House of Representatives and the U.S. Senate that would allow employees alleging workplace sexual harassment to bypass mandatory arbitration clauses, Bernadette Sargeant and Emily Monroe at Stinson answer key questions about the practical impact and discuss how employers can proactively prevent workplace harassment.

  • How Cos. Can Keep Up With Pay, Workplace Equity Evolution

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    Legislatures, policy leaders and plaintiffs lawyers are increasingly linking pay equity concerns with broader racial and gender equality issues in the workplace, and employers who want to stay ahead of the curve must focus not just on how much employees are paid, but also on the jobs they hold and the workplace opportunities afforded to them, say Erin Connell and Kayla Grundy at Orrick.

  • NFL Suit Spotlights How Employee Bias Claims Are Weighed

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    Former Miami Dolphins head coach Brian Flores’ recently filed race discrimination class action against the NFL highlights the variety of factors courts consider to establish pretext and decipher employer motivations in such cases, including hiring statistics, qualifications of similarly situated individuals and more, say Dove Burns and Stacey Pitcher at Obermayer Rebmann.