Discrimination

  • May 24, 2022

    SC Bans Subminimum Pay For Workers With Disabilities

    Employers in South Carolina will no longer be able to pay subminimum wages to workers with disabilities under legislation signed by the governor.

  • May 24, 2022

    Tesla Loses Fight To Arbitrate Worker's Sex Harassment Case

    Tesla can't force a former production associate to arbitrate her claims alleging she faced constant sexually harassing remarks and unwanted touching from male supervisors at the company's Fremont facility, a California state judge ruled.

  • May 23, 2022

    NY Lawmakers Grant 1-Year Grace Period For Sex Abuse Suits

    The New York Assembly on Monday passed the Adult Survivors Act, which, if signed by the governor, would open up sexual assault and abuse litigation by creating a one-year window for adult survivors whose claims are otherwise time-barred.

  • May 23, 2022

    Tech Co. Beats Bias Suit From Worker Imprisoned For Arson

    A California federal court threw out a lawsuit from a former technology company manager currently incarcerated for setting his supervisor's house on fire, determining that the ex-worker didn't show that reporting alleged harassment earned him a cold shoulder on leave requests.

  • May 23, 2022

    NJ Court Backs Police Win In Ex-Cop's Cancer Bias Suit

    A New Jersey state appeals court on Monday upheld the dismissal of a former state trooper's suit alleging the state police denied him a promotion because he had skin cancer, saying he failed to identify someone with similar qualifications who received the position.

  • May 23, 2022

    Ex-Lockheed Martin Exec Points To Retaliation In Bias Suit

    A Black former Lockheed Martin employee has asked a Texas federal judge to deny the aerospace company's second attempt at nixing her suit alleging she was demoted and suspended for speaking up against discrimination, pointing to actions that she said demonstrated retaliation.

  • May 23, 2022

    Activision Workers Back CWA Amid Pending NLRB Complaint

    Gaming analysts at an Activision subsidiary voted to unionize with the Communications Workers of America on Monday, the same day a National Labor Relations Board official found merit to the union's charges alleging the company threatened employees who spoke up about working conditions.

  • May 23, 2022

    Court Exec Went From Career 'Relaunch' To Fired, Jury Hears

    A former Massachusetts court official opened her retaliation trial against the Bay State's trial court on Monday, promising federal jurors that they'd hear no honest explanation of why plans to "relaunch" her career changed into termination after she reported a co-worker's racist remark.

  • May 23, 2022

    Catholic Groups Tell 8th Circ. To Heed Trans Coverage Ruling

    A group of Catholic organizations fighting the U.S. government's appeal of an injunction exempting religious employers and health care providers from covering gender transition surgery told the Eighth Circuit that a recent ruling barring similar enforcement against members of a Christian business group helps their case.

  • May 23, 2022

    Uber Beats Driver's Revised Racial Bias Suit Over Star Ratings

    A California federal judge on Monday dismantled a proposed class action alleging that ride-hailing giant Uber's rating system is racially biased and disproportionately affects minority drivers, saying the plaintiff can't rely on skewed survey results to prop up his claims. 

  • May 23, 2022

    Ex-Sony Worker Takes 2nd Shot At Gender Discrimination Suit

    Sony's U.S.-based video game business has a pay and promotion practice that discriminates against women while allowing male employees to advance their careers, a former employee said in a proposed class action in California state court, one month after a judge axed her suit in federal court.

  • May 23, 2022

    High Court Turns Away Ex-Walmart Pharmacist's Bias Suit

    The U.S. Supreme Court on Monday declined a Black pharmacist's invitation to scrutinize an Eleventh Circuit ruling that backed the dismissal of her suit accusing Walmart of firing her because of her race and age.

  • May 23, 2022

    Workers Accuse NJ Bakery Of Paying Cash In Lieu of OT

    A New Jersey bakery paid hourly employees cash under the table in an illegal attempt to skirt its overtime compensation obligations under the Fair Labor Standards Act and state law, workers alleged in a lawsuit filed in federal court.

  • May 20, 2022

    Ex-McDonald's Manager Claims Franchises Defrauded PPP

    A former McDonald's assistant manager sued two McDonald's franchise companies in Georgia federal court Thursday, claiming he was retaliated against for refusing to defraud the Paycheck Protection Program and for complaining about an allegedly hostile work environment that promoted drug use, racism and sexual harassment.

  • May 20, 2022

    Southwest Says It Deserves Pretrial Win In Retaliation Suit

    Southwest Airlines encouraged a Texas federal court to wrap up a retaliation suit filed by a flight attendant who was fired for her alleged harassment of a union leader, asking the court to rethink its refusal to resolve the case in the airline's favor before the trial phase.

  • May 20, 2022

    DOL Launching Discrimination Audits Of 400 Employers

    The U.S. Department of Labor's federal contractor watchdog will conduct discrimination audits on a slew of companies including subsidiaries of AT&T Inc., UPS and McDonald's Corp., according to a list the agency posted Friday.

  • May 20, 2022

    EEOC Denied Second Chance At Win In HIV Bias Suit

    A Georgia federal judge rejected a second attempt by the Equal Employment Opportunity Commission on Friday to nab a win on its claims that a hospital system discriminated against a worker by rescinding his job offer after learning he was HIV-positive.

  • May 20, 2022

    Texas Tech Escapes Iranian Prof's Bias Suit For Now

    A Texas federal judge on Friday agreed to toss a former Texas Tech University assistant professor's claim that he was denied tenure because he is Iranian, but gave him two weeks to amend his complaint to better support his assertions.

  • May 20, 2022

    Calif. Forecast: Rite Aid's $12M Uniform Deal Up For Approval

    In the coming week, labor and employment attorneys should keep an eye out for potential final approval of a $12 million settlement between Rite Aid and a class of nearly 30,000 workers in a uniform-reimbursement lawsuit. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • May 20, 2022

    AT&T Should Face White Ex-Exec's Bias Claims, Judge Says

    AT&T should have to face a suit accusing it of terminating a 58-year-old white man because his identity conflicted with the company's diversity and inclusion plans, a federal judge in Atlanta recommended.

  • May 20, 2022

    EEOC Weekly Recap: Activision Deal Fight, Trans Care Ruling

    The U.S. Equal Employment Opportunity Commission's $18 million deal with Activision Blizzard took fire at the Ninth Circuit, and a North Dakota federal judge backed a Christian business group in a suit over trans health care coverage. Here's a look back at this week at the EEOC.

  • May 20, 2022

    NJ Panel Upholds Firing Of Worker Who Called BLM Racist

    A health system did not violate a worker's constitutional rights by firing her for posting Facebook comments about the Black Lives Matter movement that managers found offensive, a New Jersey appellate court ruled Friday.

  • May 20, 2022

    Insurance Agency Wants Out Of Clemente Family's Bias Suit

    A Pittsburgh insurance agency wants to be dismissed from a discrimination lawsuit brought by a rival agency operated by the family of late Puerto Rican baseball legend Roberto Clemente, telling a federal court Friday that it had nothing to do with Allstate's allegedly discriminatory termination of the Clemente agency's contract.

  • May 20, 2022

    Wynn Settles Defamation Suit Over Atty's Press Release

    Court records filed Thursday show billionaire Steve Wynn has agreed to drop his lawsuit accusing civil rights attorney Lisa Bloom of defaming him by publishing a press release that accused him of pressuring casino dancers to strip down.

  • May 20, 2022

    NY Forecast: 2nd Circ. Will Hear Gym Teacher's Age Bias Suit

    In the coming week, the Second Circuit will hear arguments in a former gym teacher's lawsuit claiming his principal discriminated against him because of his age and forced him into early retirement. Here, Law360 looks at that case as well as other major labor and employment cases on the docket in the Empire State.

Expert Analysis

  • What OFCCP Enforcement Shift Means For Gov't Contractors

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    With long-awaited directives from the Office of Federal Contract Compliance Programs showing a shift away from self-imposed constraints on enforcement, contractors should prepare for greater scrutiny, broad records requests and the agency's unsettlingly hostile position on the limits of attorney-client privilege, says Christopher Durham at Duane Morris.

  • Preventing Sexual Harassment In The Metaverse Workplace

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    As more companies set up virtual workplaces in the metaverse, they should consider how these platforms’ unique features may heighten their exposure to sexual harassment claims and adopt several layers of controls to protect employees from metaverse-based misconduct, says Timothy Taylor at Holland & Knight.

  • On The Lookout For Imposters In Virtual Job Interviews

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    Employers have become increasingly concerned that an individual hired may not be the person who was interviewed by video, and taking steps to verify identity can be tricky because of discrimination laws, say Rachel Steely and Maureen Stewart at Foley & Lardner.

  • What 9th Circ. ADA Ruling Means For Closely Related Entities

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    After the Ninth Circuit’s recent decision in Buchanan v. Watkins & Letofsky, holding that related employers may be treated as an integrated enterprise under the Americans with Disabilities Act, businesses with multiple entities must review their operational structure and ensure that they have ADA compliance policies in place, say Emily Bushaw and Benjamin Prager at Perkins Coie.

  • Defending Against Title VII Religious Objections To COVID Vax

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    As employees’ religious accommodation claims against workplace vaccine mandates make their way through the courts, early indications suggest that employers may have some success with defenses that argue unvaccinated workers pose an undue hardship under Title VII, say attorneys at Proskauer.

  • #MeToo And The Workplace: 5 Years And A Pandemic Later

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    As the fifth anniversary of the #MeToo movement approaches and the pandemic wanes, it is a prime time to evaluate the impact of the movement and how employers can continue to prevent sexual harassment in the workplace, say Kelly Cardin and Evan Citron at Ogletree.

  • EEOC Developments Signal Policy Changes To Come

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    The U.S. Equal Employment Opportunity Commission’s recent report and budget proposal reveal an incongruity between the agency's declining performance metrics and increased costs and staffing, while the nomination of a new commissioner portends an upcoming shift in political control and related policy changes, says Jones Day partner and former EEOC general counsel Eric Dreiband.

  • Calif. College Athlete Pay Bill May Lead To Employment Issues

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    While California’s College Athlete Race and Gender Equity Act may have a difficult time passing, it could open the door for an argument that players at academic institutions should be deemed employees, and schools must examine and prepare for the potential challenges that could be triggered by compensating college athletes, say attorneys at Morgan Lewis.

  • As Workers Return, Can Their Support Animals Come Too?

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    Companies planning for a return to the office may face accommodation requests for emotional support animals in the workplace, which brings up questions about employer obligations and best practices under the Americans with Disabilities Act, says Juan Hernandez at Baker Donelson.

  • An ADA Refresher For Cos. Navigating Remote Work Requests

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    As in-person work resumes in the face of a dissipating pandemic, workers may seek accommodations including permanent work-from-home arrangements under the Americans with Disabilities Act — but employers navigating these requests retain the ability to make fact-specific determinations for each employee, say Carrie Hoffman and Jack FitzGerald at Foley & Lardner.

  • 10th Circ. Successor Liability Ruling Highlights Title VII Risks

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    After the Tenth Circuit’s recent decision in U.S. Equal Employment Opportunity Commission v. Roark-Whitten Hospitality 2, holding that the purchaser of a hotel could be sued for Title VII claims against previous owners, asset buyers’ due diligence reviews and indemnity provisions must address employment liabilities, say Amy Knapp and Alexander Thomas at Sherman & Howard.

  • Employers Must Watch For Nat'l Origin Bias Amid Russian War

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    Political acrimony surrounding the Russia-Ukraine war can be disruptive to work and lead to legal claims if employees feel stigmatized based on their ethnic background, so employers should follow several best practices to avoid claims of discrimination and harassment based on national origin, say Christopher Nickels and Tyler Roth at Quarles & Brady.

  • Employer Lessons From 5th Circ. Hostile Workplace Ruling

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    The Fifth Circuit’s recent decision in Woods v. Cantrell, holding for the first time that a single utterance of a racial epithet could constitute a Title VII harassment claim, highlights the evolution of the hostile work environment doctrine, and should impel employers to rejuvenate their oversight and direction of workplace conduct, says Lionel Schooler at Jackson Walker.