Discrimination

  • May 13, 2021

    Ex-Staffer Rips Congressman's 'Dangerous' Pandemic Antics

    A former staffer for Rep. Doug Lamborn tore into the lawmaker in a lawsuit Thursday, telling a D.C. federal court that the Colorado Republican had a "reckless and dangerous" approach to COVID-19 that put his employees at risk and got many of them sick.

  • May 13, 2021

    Ex-Jones Day Pair Shed Light On Associate Role In Bias Suit

    A former Jones Day lawyer has bolstered her and her husband's discrimination lawsuit against the powerhouse firm with details about life and pay as associates there, information a D.C. federal judge said she needed to provide in order to properly evaluate her wage bias claim.

  • May 13, 2021

    Senate Panel Splits On Contentious DOJ Civil Rights Nominee

    The Senate Judiciary Committee split evenly Thursday in advancing President Joe Biden's pick to lead the U.S. Department of Justice's Civil Rights Division after Sen. Ted Cruz attacked her purported views, such as comparing police to the KKK.

  • May 13, 2021

    Turner Sports Anchor Fired For Prioritizing Kids, Suit Says

    Former Turner Sports anchor Casey Stern on Wednesday accused the sports network and parent Warner Media of refusing to accommodate him as he cared for his children, who were suffering domestic abuse, and ultimately firing him for prioritizing his family, according to a discrimination suit filed in Georgia federal court.

  • May 13, 2021

    Law Firm Accused Of Boxing Hispanic Worker Out Of 401(k)

    A former office manager slapped a workers' compensation and personal injury law firm with a lawsuit in Pennsylvania federal court Thursday, claiming Larry Pitt & Associates PC denied her access to its retirement plan because of anti-Hispanic bias and eventually fired her for complaining about it.

  • May 13, 2021

    Mass. Appeals Court Narrows Bouncer's Race Bias Win

    A Massachusetts state appellate court on Thursday nixed part of a Black former bouncer's race bias win against a Boston strip club, saying he hadn't given his former employer enough notice that he intended to bring a claim for racially motivated termination.

  • May 13, 2021

    Steel Co. Fights Ex-Worker's Bid To Revive Discrimination Suit

    A steel manufacturer has urged the Eleventh Circuit to affirm dismissal of a former employee's discrimination suit, saying the worker rejected its reasonable offer to accommodate his need for a fixed shift after he was diagnosed with depression and anorexia.

  • May 13, 2021

    5 Federal Wage And Hour Bills To Watch

    Lawmakers on Capitol Hill are weighing wage and hour legislation that could drastically alter the employer and employee relationship, like raising the federal minimum wage and imposing new pay equity requirements on employers. Here, Law360 looks at five bills attorneys should know about.

  • May 13, 2021

    Tennis Player Accuses Baylor Of Title IX Retaliation

    A former nationally ranked tennis player has accused Baylor University in a Texas federal lawsuit of denying her a spot on the school's women's tennis team in retaliation for her participation in a Title IX investigation of Baylor's former men's tennis coach.

  • May 13, 2021

    Black Auto Worker Wins 2nd Chance To Sue BP Unit For Bias

    A California appeals court has reinstated a Black Jiffy Lube employee's discrimination claims against a BP unit over purportedly racist remarks that were directed at him during a presentation on a new oil product.

  • May 13, 2021

    EEOC Urges 5th Circ. To Jumpstart Worker's Retaliation Suit

    The U.S. Equal Employment Opportunity Commission told the Fifth Circuit that a district court judge was wrong to put the kibosh on a construction worker's retaliation suit, saying the appeals court had relied on faulty precedent that was at odds with the nation's highest court.

  • May 13, 2021

    3rd Circ. Questions Efforts In Ex-Janitor's FMLA Suit

    The Third Circuit on Thursday questioned if either Drexel University or a fired janitor put forth enough effort to ensure the ex-employee provided the required paperwork for Family Medical Leave Act-protected absences, as the onetime maintenance worker sought to revive her lawsuit claiming she was fired despite her legal entitlement to time off.

  • May 13, 2021

    5th Circ. Won't Reboot T-Mobile Ex-Worker's Trans Bias Case

    The Fifth Circuit won't revive a former T-Mobile store worker's suit claiming his transgender status motivated the telecommunications giant to fire him after he took six months off and requested indefinite medical leave, saying the employee hadn't linked his ousting to his gender.

  • May 13, 2021

    4 Tips For Handling Leave Requests In The COVID-19 Era

    While the rise in vaccination rates and the decline in infections in the U.S. may give businesses an optimistic outlook on returning operations to normal, experts say workers still struggle to manage the COVID-19 crisis and continued requests for virus-related leave should be expected. Here are four tips to make sure employers manage workers' needs fairly.

  • May 12, 2021

    FAA Can't Dodge Racial Discrimination Suit Over Hiring

    The U.S. Department of Transportation must face a Civil Rights Act suit over the Federal Aviation Administration's Obama-era changes to its air traffic controller job application process, a D.C. federal judge held Wednesday, denying the department's bid to partially toss the suit.

  • May 12, 2021

    Employers And Artificial Intelligence: 6 Pitfalls To Watch For

    With states rapidly lifting pandemic restrictions, employers looking to ramp up operations after a year of layoffs and lockdowns may be in the market for technology that speeds up the hiring process. But while artificial intelligence hiring tools may be tempting, they could leave businesses facing discrimination claims if not used carefully. 

  • May 12, 2021

    Biden's DOL Top Lawyer Nominee Advances, NLRB Pick Stalls

    A Senate panel on Wednesday advanced two of President Joe Biden's nominees for influential posts dealing with labor and employment, including the pick for the U.S. Department of Labor's third-ranking official, but the future of an additional nominee is uncertain.

  • May 12, 2021

    Black FDNY Workers Lose Cert. Fight In Bias Battle

    A federal judge in Manhattan refused to certify a class of Black employees in a lawsuit accusing the Fire Department of New York of discriminating against Black workers and job seekers, finding Wednesday that the proposed 400-member class doesn't have enough in common.

  • May 12, 2021

    Tenn. Titans Accused Of Sacking Worker On COVID Leave

    The Tennessee Titans were hit with a lawsuit on Wednesday alleging that the NFL team ran afoul of the Families First Coronavirus Response Act and other federal labor laws by firing a field maintenance employee who took time off after contracting COVID-19.

  • May 12, 2021

    Life Insurer's Deal With EEOC Staves Off Pregnancy Bias Trial

    The U.S. Equal Employment Opportunity Commission said Wednesday that a life insurance firm has struck a deal to end an agency lawsuit claiming the company denied promotions to a worker because of her pregnancy and fired her when she complained, resolving the case ahead of a planned June trial.

  • May 12, 2021

    2nd Circ. Revives Hispanic Cop's Race Bias Claim

    The Second Circuit on Wednesday gave a Hispanic cop a second chance to argue that he faced discrimination at his upstate New York police department, saying he sufficiently spelled out a race bias claim despite failing to list it as a separate count in his complaint.

  • May 12, 2021

    Construction Co. Settles EEOC Suit Over Racist Graffiti

    A construction company has agreed to pay $725,000 to end a U.S. Equal Employment Opportunity Commission suit claiming it turned a blind eye to racist graffiti and insults at a University of Southern California worksite.

  • May 12, 2021

    CBS Sports Settles Ex-Employee's Retaliatory Firing Suit

    CBS Corp. has reached a settlement to end a Black female former sports producer's lawsuit alleging she was fired in retaliation for filing a discrimination complaint with the U.S. Equal Employment Opportunity Commission, according to Tuesday filings in New York federal court.

  • May 11, 2021

    Employers Lean Toward Hybrid, In-Person Work Plans

    More than half of businesses whose employees are able to work remotely expect to go forward with a hybrid plan in which workers spend some time in the office and some time working from home, according to a new survey from Littler Mendelson PC.

  • May 11, 2021

    White Ex-Postal Service Worker Can Pursue Race Bias Claim

    A former U.S. Postal Service worker can bring allegations that he faced discrimination as a white, Christian male when his supervisor forbade him from wearing a MAGA hat but allowed his African American female co-worker to break the official dress code, a Kentucky federal court held.

Expert Analysis

  • Recognizing Title VII's Broad Anti-Retaliation Protections

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    As recent court filings suggest an increase in employee retaliation claims following challenges to institutional workplace discrimination, employers must be cognizant of how Title VII protects workers who speak out when company practices hinder efforts to advance diversity, inclusion and equity, say attorneys at Sanford Heisler.

  • 4 Compliance Concerns For Multistate Remote Work Setups

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    As pandemic remote work arrangements prompt employees to relocate from their companies’ home states, employers should conduct state-specific analyses of wage, workers’ compensation, leave and discrimination laws to determine whether the advantages outweigh the daunting compliance obligations, say Celena Mayo and Laura Stutz at Wilson Elser.

  • How D&O Coverage Fits Into Diversity Claim Mitigation

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    As companies face a shift in the directors and officers insurance market following a spate of recent shareholder suits over lack of diversity in corporate leadership, executive teams should review D&O policy coverage while implementing diversity initiatives that will effect meaningful, long-term change, say Natasha Romagnoli and Hannah Ahn at Blank Rome.

  • #MeToo Claims Will Fare Well In Court Post-COVID

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    As the U.S. makes progress against COVID-19 and trials resume, sexual harassment survivors can feel optimistic in pressing their claims and the legal system’s capability to hold those who abuse their power accountable, says Rachel Tuchman at Kaplan Hecker.

  • Defense Strategies For FMLA Litigation: Part 2

    Excerpt from Practical Guidance
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    Key steps in responding to Family and Medical Leave Act complaints involve considering arguments that the employee was not entitled to benefits or was not prejudiced by the company’s FMLA violation, and carefully developing a discovery strategy, say attorneys at Jones Day.

  • Defense Strategies For FMLA Litigation: Part 1

    Excerpt from Practical Guidance
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    When it comes to responding to a complaint under the Family and Medical Leave Act, the first step is to identify the plaintiff's theory of liability and the second step is to begin investigating to determine the strengths or weaknesses of the case, say attorneys at Jones Day.

  • Averting Risk In Back-To-Work Vaccine And Screening Policies

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    Employers trying to get their employees back to the workplace should evaluate their existing COVID-19 vaccine and screening policies against evolving federal, state, and local laws and regulations, to address compensation, leave and anti-discrimination issues, say attorneys at Holland & Knight.

  • Handling Workplace ADA Requests For Service Animals

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    As companies reopen physical worksites, they should understand their obligation to consider, on a case-by-case basis, animal-related Americans with Disabilities Act requests from employees who have grown accustomed to working from home with service or emotional therapy animals during the pandemic, says Ramona Palmer-Eason at Armstrong Teasdale.

  • Employee Choice Is Better Alternative To Anti-Arbitration Bill

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    Instead of enacting the recently reintroduced federal Forced Arbitration Injustice Repeal Act and eliminating the use of predispute arbitration pacts — including for workplace conflicts — lawmakers should consider an approach that would allow employees to decide whether arbitration proceedings are public or private, say attorneys at Proskauer.

  • Key OFCCP Compliance Considerations Under Biden Admin.

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    With the Office of Federal Contract Compliance Programs expected to fulfill several affirmative action initiatives under the Biden administration, federal contractors should prepare for a new verification interface, review demographic statistics and conduct annual pay equity evaluations, say Joanna Colosimo and David Cohen at DCI Consulting.

  • NJ Justices' Pregnancy Bias Ruling Expands Employer Onus

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    The New Jersey Supreme Court's recent decision in Delanoy v. Township of Ocean — that a police department’s light-duty policies violated the states’ Pregnant Workers Fairness Act — imposes significant new pregnancy and breastfeeding accommodation requirements for employers, says Jeremy Cole at Goldberg Segalla.

  • How Tuna Antitrust Ruling Affects Job Bias Class Actions

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    Employment discrimination class actions that rely on statistical representations could look different following the recent Olean v. Bumble Bee antitrust ruling, due to the Ninth Circuit's scrutiny of models that obscure the extent of uninjured plaintiff membership, say attorneys at Orrick.

  • Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.