Discrimination

  • 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.

  • September 19, 2022

    Lowe's Ends EEOC Suit Claiming It Ignored Sex Harassment

    Home improvement retailer Lowe's will pay $700,000 to end a U.S. Equal Employment Opportunity Commission lawsuit in Arizona federal court accusing the company of ignoring complaints from three female workers at a Lake Havasu, Arizona, store regarding sexual harassment, the EEOC said.

  • September 19, 2022

    Pool Cover Maker To Settle DOL Watchdog's Race Bias Probe

    A pool cover manufacturer agreed to pay $230,000 to hundreds of workers who the government says were passed over for laborer positions because they were not Hispanic, the U.S. Department of Labor said.

  • September 19, 2022

    Former Amazon Worker Urges Judge Not To Toss Sex Bias Suit

    A former Amazon Web Services employee told a California federal court not to toss her suit accusing the company and her supervisor of paying her less than a male colleague and firing her when she complained, arguing she has detailed a "long and varied record of disparate treatment."

  • September 19, 2022

    Upstate NY Staffing Co. Strikes Deal To End EEOC Suit

    A Buffalo, New York-based staffing agency agreed to settle a U.S. Equal Employment Opportunity Commission lawsuit claiming the company assigned jobs based on gender and routinely refused to find work for people because of their race, age or pregnancy.

  • September 16, 2022

    AFSCME Denies Liability For Allegations Against Local Affiliate

    The American Federation of State, County and Municipal Employees did not directly employ a communications director for a local union, and therefore cannot be sued by the former employee for discrimination, harassment, retaliation and wrongful termination, the union argued Thursday in a motion to dismiss the lawsuit.

  • September 16, 2022

    Pharmacist Handed Jury Win In Service Dog ADA Suit

    A jury awarded a former pharmacist $134,000 after finding that a Missouri city's health center discriminated against her when it prevented her from bringing a service dog to work to help monitor her diabetes.

  • September 16, 2022

    EEOC Weekly Recap: GC Nominee Testifies In Senate

    President Biden's nominee for the role of U.S. Equal Employment Opportunity Commission general counsel fielded questions from a Senate committee, and the agency sued Chili's for allegedly ignoring the sexual harassment of teen workers in Arkansas and Texas. Here's a look back at this week at the EEOC.

  • September 16, 2022

    Harvard Discovery Request Mocked By Insurer As Stall Tactic

    Harvard shouldn't be allowed to conduct more discovery in its dispute with Zurich American Insurance Co. for coverage of costs incurred defending an affirmative action case now before the U.S. Supreme Court, the insurer told a Massachusetts federal court.

  • September 16, 2022

    9th Circ. Revives Ex-Sales Manager's Sleep Apnea ADA Suit

    The Ninth Circuit on Friday gave a worker another chance at a lawsuit alleging a transfer that his former employer provided to accommodate his sleep apnea amounted to a demotion, saying it's unclear whether the move is enough to sustain a bias suit.

  • September 16, 2022

    DePaul Off The Hook For Bias, Still Faces Retaliation Claims

    A Vietnamese and Puerto Rican DePaul University professor claiming the school denied her tenure based on her race and ethnicity can pursue her retaliation claims against it and its provost, but an Illinois federal judge ruled she hasn't shown enough evidence to back her allegations of discrimination.

  • September 16, 2022

    NY Forecast: Ex-Fox Host Seeks Redo In Harassment Case

    This coming week, a New York federal judge will consider former Fox News host Ed Henry's request to revisit a decision from last year allowing a former producer to proceed with revenge porn and retaliation claims against him over redacted explicit photos filed on a court docket. Here, Law360 looks at that case and other major labor and employment cases on the docket in the state.

  • September 16, 2022

    What Gilbride's EEOC Nomination Means To Disabled Workers

    The historic nomination of Karla Gilbride, a civil rights attorney believed to be the first blind lawyer to argue before the U.S. Supreme Court, to serve as U.S. Equal Employment Opportunity Commission general counsel marks a win for the representation of disabled employees in the workforce.

  • September 16, 2022

    Suns Lose PayPal As Sponsor, Part-Owner Wants Sarver Out

    Less than one day after Phoenix Suns vice chairman and minority owner Jahm Najafi publicly called for majority owner Robert Sarver to resign in the wake of his one-year suspension by the NBA, major sponsor PayPal cut ties with the Suns, citing Sarver's racist and misogynist workplace behavior.

  • September 16, 2022

    Judge Boots Luxury Auto Dealer Worker's Suit To Arbitration

    A Volkswagen and luxury auto dealer did not miss a deadline to pay arbitration filing fees and therefore did not waive its right to arbitrate claims that it discriminated against and withheld overtime pay from a worker over the age of 40, a California federal judge found in sending the dispute to arbitration.

  • September 16, 2022

    NJ Atty Ethics Office Hit With Lawyer's Retaliation Suit

    A New Jersey attorney has accused the state's Office of Attorney Ethics of disqualifying her application for positions within the state judiciary in retaliation for her pending discrimination complaint against the agency.

  • September 16, 2022

    Calif. Forecast: Home Depot Suit Evidence Could Get Tossed

    In the coming week, attorneys should keep an eye out for the potential barring of certain expert witness evidence in a wage and hour class action against Home Depot. Here's a look at that case and other labor and employment matters on deck in California.

  • September 16, 2022

    Race Bias Claims Against NYC DOE Get Tossed

    Racial bias claims from a Black former New York City Department of Education employee against the agency cannot proceed, a New York federal judge ruled, saying the department adequately demonstrated that its explanation for not promoting him was nondiscriminatory.

  • September 16, 2022

    5th Circ. Urged To Preserve Employer-Friendly Title VII Rule

    Dallas County urged the full Fifth Circuit not to review a suit challenging a policy that allows only male detention center officers to have full weekends off, warning that reversing decades-old precedent would expose courts to an influx of discrimination cases over "trivialities."

  • September 16, 2022

    3 Tips For Employers To Handle Holidays Inclusively

    With the Jewish high holidays upon us and Diwali following soon after, attorneys offer three tips for creating compliant time-off policies that support a diverse and inclusive workforce — from implementing a flexible floating holiday program to ensuring paid time off is offered correctly.

  • September 16, 2022

    Worker Says Nexstar Illegally Fired Her For FMLA Leave

    A former Nexstar employee sued the media group in West Virginia federal court, alleging it illegally fired her after she took leave following complications resulting from her pregnancy that required multiple surgeries.

  • September 15, 2022

    Indiana Town Settles HIV Hiring Bias Suit With DOJ

    The town of Clarksville, Indiana, has agreed to pay $150,000 after it rescinded a job offer from a would-be police officer when it found out he had HIV, according to a settlement the town reached with the U.S. Department of Justice filed with a federal court Thursday.

  • September 15, 2022

    Black Worker Alleges Assault, Bias At Ga. Amazon Facility

    A Black former Amazon employee in Georgia has sued the e-commerce giant for discrimination and retaliation, alleging he was physically assaulted and subjected to microaggressions by a high-level white employee, disciplined by Amazon after reporting the incident and forced by the company to quit.

  • September 15, 2022

    Why Workplace Proselytizing Can Put Employers In A Bind

    The U.S. Supreme Court in recent years has set a clear tone: Workers should be afforded plenty of leeway to express religious sentiments at work. But for employers, figuring out whether an employee who wants to proselytize on the job should be allowed to do so is rarely simple. Here are three things employers should be aware of if a worker wants to proclaim their faith on the job.

  • September 15, 2022

    Anti-Gay Hiring Policy Has University 'Imploding,' Suit Says

    A group of students, staff and faculty at a Christian university in Seattle has sued a half-dozen of the school's trustees in state court, accusing them of implementing anti-LGBTQ hiring practices that have the school "financially and structurally imploding."

Expert Analysis

  • Defending Retaliation Claims After Calif. Whistleblower Ruling

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    A recent ruling from the California Supreme Court in Lawson v. PPG Architectural Finishes lowers the standard of proof for employee whistleblower retaliation claims, which means employers must carefully and regularly document workers' performance issues to establish clear and convincing evidence as a defense, says Elyssa Sternberg at Sheppard Mullin.

  • What Employers Should Know About Paid Military Leave Trend

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    A batch of recently decided and ongoing federal court cases concerning pay for military leave demonstrate a growing acceptance of claims if the employer provides for paid leave in other circumstances, underscoring the need for companies to review all leave types that offer pay or benefits, say Robert Duffy and Brenna Wildt at Quarles & Brady.

  • Employer's Agenda: Honeywell Counsel Talks ESG

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    As companies face more pressure from shareholders to operate as agents of change, employment attorneys must engage in efforts to reduce risks and optimize opportunities related to environmental, social and governance factors — because workplace issues are salient in all three categories, says Lindsay Hedrick, chief labor and employment counsel at Honeywell.

  • Mental Health Discrimination: A Rising Risk For Employers

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    Thanks to the COVID-19 pandemic, the number of people seeking help for mental health conditions has skyrocketed, which should alert employers to prepare for a likely increase in mental health concerns and discrimination claims from job applicants and workers, say attorneys at Proskauer.

  • An Affirmative Action Reminder For Gov't Contractors

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    A recent administrative decision from the U.S. Department of Labor and new mandates by the Office of Federal Contract Compliance Programs have made clear that failure to comply with affirmative action and nondiscrimination obligations can result in significant sanctions, suspension and debarment from federal contracting, say attorneys at Perkins Coie.

  • Employer's Agenda: Cognizant Counsel Talk Remote Work

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    The pandemic-induced shift to hybrid remote work models poses new employment law risks, but in-house and outside counsel can take practical steps to manage wage and hour requirements, variations in state laws, and the complicated web of federal and state vaccine mandates, say Michael Ferrans and Aliya Horne, associate general counsel for labor and employment at Cognizant.

  • 10 DOL Policy And Enforcement Priorities To Expect In 2022

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    This year, it’s likely the U.S. Department of Labor will approach policy and enforcement aggressively, with a focus on issues like employee classification, overtime exemption, Employee Retirement Income Security Act fiduciary duties, and more, say Timothy Taylor and Tessa Tilton at Holland & Knight.

  • Mass. At-Will Termination Gets Complex For Employers

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    The Massachusetts Supreme Judicial Court's recent decision in Meehan v. Medical Information Technology protects at-will employees from termination when they respond to legitimate performance critiques from supervisors in an intemperate and contentious manner, making a no-brainer firing decision much more fraught, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • Regulation Of AI Hiring Tools Is A Work In Progress

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    As the U.S. Equal Employment Opportunity Commission works on guidance for the use of artificial intelligence in hiring and states try to fill in the gaps via legislation, employees and applicants continue to lack the necessary awareness to challenge discrimination caused by these technologies, say Christine Webber and Samantha Gerleman at Cohen Milstein.

  • Avoiding The Most Common Employee-Termination Mistake

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    The recent surprising firing of an NFL head coach brings awareness to the importance of the termination process, making it a good time to consider how managers can ensure an employee isn’t blindsided when terminated for performance issues, which reduces the likelihood that the employee will cry foul, says Kenneth Winkler at Berman Fink.

  • Employer's Agenda: Toyota Counsel Talks Worker Retention

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    Michael Martinez, managing counsel for labor and employment at Toyota Motor North America, discusses how companies and in-house counsel can address the pandemic-related labor shortage, and avoid common pitfalls when implementing wage increases, remote work setups and other well-meaning efforts to attract new workers.

  • What Workplace Class Settlement Trends Mean For 2022

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    2021 saw the value of workplace class action settlements reach an all-time high, and employers should prepare for an increasingly challenging legal environment in the coming year, with more class litigation and higher settlement demands as a determined plaintiffs bar, a pro-labor White House and an ongoing pandemic pave the way for fresh pressures, say Gerald Maatman and Jennifer Riley at Seyfarth.

  • Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.