Discrimination

  • June 17, 2024

    Worker Wins Pile Up As Courts Tackle Arbitration Ban's Scope

    A New Jersey federal judge recently found that a federal law barring forced arbitration of workplace sexual harassment claims covers a restaurant server's case against her boss over homophobic comments, a decision experts said squares with courts' overarching worker-friendly approach to the arbitration ban.

  • June 17, 2024

    Conn. Worker Gets $144K Counsel Fee After Bias Trial Win

    The Connecticut Department of Energy and Environmental Protection must pay nearly $139,000 in attorney fees to W. Martyn Philpot Jr. after a Black employee won a federal jury verdict on racial hostility claims, including accusations that he found a noose hanging near his desk in a state office building.

  • June 17, 2024

    Texas High Court Restores Fossil Win Over Harassment Suit

    The Texas Supreme Court reinstated Fossil Group Inc.'s defeat of a former sales associate's lawsuit alleging it did nothing to curb a supervisor's lewd online comments and sexual harassment, finding the fashion company took swift action when it learned of the misconduct.

  • June 17, 2024

    Biden Admin Spotlights Anti-Muslim Bias In The Workplace

    President Joe Biden's administration highlighted a series of measures it said it has taken over the past year to combat anti-Muslim bias, including in the workplace, amid the ongoing bloodshed in the Middle East.

  • June 17, 2024

    Amazon Fired Worker For Flagging Sex Harassment, Suit Says

    A former Amazon employee who described himself as "not heterosexual" filed a suit in Illinois federal court claiming the company allowed a co-worker to use homophobic slurs and harass him, then fired him after he complained.

  • June 14, 2024

    No Associational Shield In Conn. Employment Law, Panel Says

    Connecticut's key employment practices law does not create a cause of action for discriminating against a worker because they associate with a person who has disabilities, according to a Friday opinion by the Connecticut Appellate Court.

  • June 14, 2024

    FCA Boss' N-Word Use Not Enough For Racial Bias Suit

    A Black FCA worker's allegations that his supervisor used the N-word twice and that it was written on the bathroom wall are not enough to prove he experienced a hostile work environment or was prevented from doing his job, a Michigan appeal panel has ruled.

  • June 14, 2024

    9th Circ. Revives Union Pacific Workers' Disability Bias Suits

    The Ninth Circuit on Friday reversed Union Pacific Railroad's wins in three worker disability discrimination lawsuits involving plaintiffs with color-vision concerns, saying the lower court incorrectly determined that their individual claims were time-barred after an Eighth Circuit decision decertifying a thousands-strong class in similar litigation against the company.

  • June 14, 2024

    6th Circ. Keeps Block On DOE Guidance Barring Anti-Gay Bias

    A split Sixth Circuit panel on Friday said the U.S. Department of Education can't enforce guidance interpreting Title IX to ban discrimination against LGBTQ+ students in line with the U.S. Supreme Court's Bostock decision, rejecting the federal government's argument that a group of Republican attorneys general lacks standing.

  • June 14, 2024

    DC Circ. Says 'Piggybacking' Can't Save IBM Bias Claims

    International Business Machines Corp. does not have to face claims in arbitration from two workers who said they were fired because of their age, the D.C. Circuit said Friday, finding they couldn't use a "piggybacking" rule to reinstate their untimely claims.

  • June 14, 2024

    EEOC Gets $515K Deal In Disability, Genetic Bias Suit

    The U.S. Equal Employment Opportunity Commission announced Friday that a pharmacy will pay $515,000 to resolve the agency's lawsuit accusing it of recruiting workers who have hemophilia and pressuring them to let the company take over their prescriptions.

  • June 14, 2024

    NY Bill Taking Aim At Model Worker Abuse Awaits Gov.'s Pen

    The New York State Assembly greenlighted a bill now headed for the governor's desk that creates new worker protections for models that aim to rein in industry exploitation, legislation that would build a registry of modeling agencies and require them to act as fiduciaries for their workers.

  • June 14, 2024

    Red States Look To Block ACA Trans Discrimination Rule

    A group of 15 conservative states urged a Mississippi federal court to halt recently finalized regulations clarifying gender identity-based discrimination under the Affordable Care Act from taking effect, saying the new rule strips the states of their right to oversee medical ethics.

  • June 14, 2024

    Acting NJ Banking Director Denied Title Due To Sex, Suit Says

    The former acting director of banking for the New Jersey Department of Banking and Insurance was denied the permanent role because of her gender and as retaliation for reporting pay discrepancies, according to a lawsuit filed in New Jersey state court.

  • June 14, 2024

    NJ Chief Justice Depo 'Redundant' In Pension Fight, Court Told

    The New Jersey judiciary urged the state court to deny a bid to depose Chief Justice Stuart Rabner in a suit brought by a former Superior Court judge over the denial of her disability pension application, arguing she can't meet the heightened burden required to depose a high-ranking official and that the chief justice's testimony is privileged.

  • June 14, 2024

    Red State Challenge To EEOC Pregnant Worker Rule Falls Flat

    An Arkansas federal judge on Friday rejected a bid from a group of Republican state attorneys' general to freeze the U.S. Equal Employment Opportunity Commission's rule implementing the Pregnant Workers Fairness Act ahead of its June 18 effective date, refusing to issue an injunction and ruling they lacked standing to invalidate the regulations. 

  • June 14, 2024

    Former IT Worker Wants Outright Win In FMLA Suit

    A former information technology worker asked a Florida federal court Friday to reconsider a win it denied him in his lawsuit alleging he was fired after he took medical leave to treat anxiety, arguing the court should have found his company acted illegally.

  • June 14, 2024

    Update On Ex-George Mason Prof's Suits Over Sex Allegations

    After two women came forward last August accusing former BigLaw partner, FTC commissioner and George Mason University law professor Joshua D. Wright of sexual improprieties with students and direct reports, a number of additional accusations and lawsuits followed. Here are updates on the litigation and everything else surrounding the allegations.

  • June 14, 2024

    NY Forecast: Class Cert. Args In Four Seasons Layoff Suit

    This week, a New York federal judge will consider a motion to certify a class of former workers at the Four Seasons Hotel New York who claim the hotel violated federal and state law by not notifying them of furloughs and that the hotel denied them contractually required severance. Here, Law360 explores this and other cases on the docket in New York.

  • June 14, 2024

    Dunkin' Franchise Must Face Customer's Race Bias Suit

    An intermediate appellate court in Massachusetts on Friday revived part of a lawsuit brought by a Black customer of a Dunkin' franchise who says an employee deliberately ignored his order for 15 minutes, then threw his food at him and called him a racist epithet.

  • June 14, 2024

    Lockheed Worker Fired For Romantic Emails Claims Age Bias

    Lockheed Martin used romantic messages that a longtime engineer sent to a "high school sweetheart" over his company email as an excuse to get rid of him because he was 70 years old, the former worker told a California state court.

  • June 14, 2024

    Justices' Harm Edict Tops 2024's Biggest Bias Rulings So Far

    A recent watershed U.S. Supreme Court ruling eased the level of harm workers must show to bring discrimination cases, while orders from the U.S. Equal Employment Opportunity Commission and a lower federal court clarified the justices' decision last year on religious accommodations. Here's a look at a quartet of rulings from the first half of this year that caught discrimination lawyers' attention.

  • June 14, 2024

    Calif. Forecast: Delta's $16M Pay Stub Deal Up For Approval

    In the coming week, attorneys should watch for potential settlement approval in a pay stubs class action against Delta Air Lines that went to the Ninth Circuit and the California Supreme Court. Here's a look at that case and other labor and employment matters coming up in California.

  • June 14, 2024

    Deal In The Works To End EEOC, Walmart ADA Suit

    The U.S. Equal Employment Opportunity Commission and Walmart alerted a North Carolina federal court that they've nearly reached a deal to resolve the agency's suit accusing the retailer of firing a worker because she couldn't get a doctor's OK to work without restrictions.

  • June 13, 2024

    Ex-Duke Doc Wants Panel To Redo Disability Bias Ruling

    A fired Duke University hospital doctor pressed a North Carolina state appeals court to reconsider not reviving the disability claims in his suit against the hospital, arguing that the case belongs before a jury.

Expert Analysis

  • Fostering Employee Retention Amid Shaky DEI Landscape

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    Ongoing challenges to the legality of corporate diversity, equity and inclusion programs are complicating efforts to use DEI as an employee retention tool, but with the right strategic approach employers can continue to recruit and retain diverse talent — even after the FTC’s ban on noncompetes, says Ally Coll at the Purple Method.

  • Justices' Title VII Ruling Requires Greater Employer Vigilance

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    The U.S. Supreme Court’s recent Muldrow v. St. Louis ruling expands the types of employment decisions that can be challenged under Title VII, so employers will need to carefully review decisions that affect a term, condition or privilege of employment, say attorneys at Morgan Lewis.

  • 6th Circ. Bias Ruling Shows Job Evaluations Are Key Defense

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    In Wehrly v. Allstate, the Sixth Circuit recently declined to revive a terminated employee’s federal and state religious discrimination and retaliation claims, illustrating that an employer’s strongest defense in such cases is a documented employment evaluation history that justifies an adverse action, says Michael Luchsinger at Segal Mccambridge.

  • Navigating Harassment Complaints From Trans Employees

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    The Eleventh Circuit's recent decision in Copeland v. Georgia Department of Corrections, concerning the harassment of a transgender employee, should serve as a cautionary tale for employers, but there are steps that companies can take to create a more inclusive workplace and mitigate the risks of claims from transgender and nonbinary employees, say Patricia Konopka and Ann Thomas at Stinson.

  • Employer Considerations Before Title IX Rule Goes Into Effect

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    While the U.S. Department of Education's final rule on Title IX is currently published as an unofficial version, institutions and counsel should take immediate action to ensure they are prepared for the new requirements, including protections for LGBTQ+ and pregnant students and employees, before it takes effect in August, say Jeffrey Weimer and Cori Smith at Reed Smith.

  • 5 Employer Actions Now Risky After Justices' Title VII Ruling

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    Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.

  • Breaking Down EEOC's Final Rule To Implement The PWFA

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    Attorneys at Littler highlight some of the key provisions of the U.S. Equal Employment Opportunity Commission's final rule and interpretive guidance implementing the Pregnant Workers Fairness Act, which is expected to be effective June 18, and departures from the proposed rule issued in August 2023.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • Address Complainants Before They Become Whistleblowers

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    A New York federal court's dismissal of a whistleblower retaliation claim against HSBC Securities last month indicates that ignored complaints to management combined with financial incentives from regulators create the perfect conditions for a concerned and disgruntled employee to make the jump to federal whistleblower, say attorneys at Cooley.

  • Why Corporate DEI Challenges Increasingly Cite Section 1981

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    As legal challenges to corporate diversity, equity and inclusion initiatives increase in the wake of the U.S. Supreme Court's ruling on race-conscious college admissions last year, Section 1981 of the Civil Rights Act is supplanting Title VII as conservative activist groups' weapon of choice, say Mike Delikat and Tierra Piens at Orrick.

  • Inside OMB's Update On Race And Ethnicity Data Collection

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    The Office of Management and Budget's new guidelines for agency collection of data on race and ethnicity reflect societal changes and the concerns of certain demographics, but implementation may be significantly burdensome for agencies and employers, say Joanna Colosimo and Bill Osterndorf at DCI Consulting.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • The Shifting Landscape Of Physician Disciplinary Proceedings

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    Though hospitals have historically been able to terminate doctors' medical staff privileges without fear of court interference, recent case law has demonstrated that the tides are turning, especially when there is evidence of unlawful motivations, say Dylan Newton and Michael Horn at Archer & Greiner.