Discrimination

  • July 15, 2024

    Seyfarth Adds 5-Atty Labor Team From Hunton In Calif., Texas

    Seyfarth Shaw LLP announced Monday that it has brought on a five-member team of labor and employment lawyers who previously practiced with Hunton Andrews Kurth LLP.

  • July 15, 2024

    NJ Legal Software Biz Hit With Disability Bias Suit

    Leap Legal Software Inc. was hit with a discrimination lawsuit in New Jersey state court Friday from a former employee alleging she was fired due to her undiagnosed and untreated Lyme disease.

  • July 15, 2024

    Machinery Co. Defends 'Right' To Ax Trans Care In Health Plan

    A turbomachinery company asked to intervene on a transgender worker's New Hampshire federal court claim that its health plan administrators violated Affordable Care Act anti-bias provisions by enforcing a gender dysphoria treatment ban in the company's health plan, arguing that the issue is intertwined with its mission.

  • July 15, 2024

    'Busy' Solo Atty Chided For Blown Deadline In Pa. Bias Case

    A Pennsylvania federal judge gave an earful to an attorney representing a Drexel University administrator suing the school for disability discrimination after the case was dismissed without prejudice over the attorney's missed deadlines.

  • July 15, 2024

    Amazon Shouldn't Have To Face Retaliation Suit, Judge Says

    Amazon Web Services shouldn't have to face a suit from a former recruiter who claims she was fired for complaining that a supervisor made disparaging comments about older people and Hispanic workers, a Texas federal judge said, finding poor performance cost her the job, not retribution.

  • July 15, 2024

    Veteran Employment Litigator Jumps From Kasowitz To Akin

    A veteran employment litigator has joined Akin Gump Strauss Hauer & Feld LLP in New York after nearly 16 years at Kasowitz Benson Torres LLP.

  • July 15, 2024

    EEOC Commissioner Sonderling To Depart Agency

    EEOC Commissioner Keith Sonderling announced Monday he will leave the agency in August when his term ends, wrapping up a seven-year tenure with the federal government to return to the private sector.

  • July 15, 2024

    Workday AI Hiring Bias Suit Cleared To Move Ahead

    A job candidate's discrimination case over Workday's artificial intelligence-powered hiring tools got the go-ahead to move into the fact-finding stage, as a California federal judge said it's plausible that employment bias laws could stretch to reach the software vendor.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Cuomo Beats Retaliation Claims In NY Trooper's Suit

    Former New York Gov. Andrew Cuomo defeated retaliation claims in a state trooper's lawsuit alleging she was sexually harassed while serving in Cuomo's security detail, after a federal judge said that no employment relationship existed because Cuomo resigned months before his purported threat to seek prosecution of his alleged victims.

  • July 12, 2024

    Military's IVF Policy Defense Fails Post-Chevron, Group Says

    A nonprofit that's challenging the U.S. military's in vitro fertilization coverage policy for service members told a New York federal judge that federal agencies cannot claim they're entitled to Chevron deference in the wake of the U.S. Supreme Court's recent decision overturning the decades-old precedent.

  • July 12, 2024

    Texas Courts Block Protections For Transgender Students

    Two Texas federal judges have blocked the U.S. Department of Education from enforcing protections for transgender students in Lone Star State schools while lawsuits against the rules are litigated, with one judge saying the measures provide "extra privileges to the transgender student based on subjective feelings of discomfort."

  • July 12, 2024

    4 Law Firm Bias Cases To Watch In 2024's 2nd Half

    Jones Day and Foley & Lardner LLP are among the powerhouse law firms attempting to fend off accusations that they subjected lawyers to discrimination. Here, Law360 looks at four ongoing employment suits against law firms that are worth watching in the back half of 2024.

  • July 12, 2024

    Amazon Must Produce Docs In EEOC Pregnancy Bias Probe

    A New York federal judge ordered Amazon to cough up documents the U.S. Equal Employment Opportunity Commission requested as part of its investigation into allegations that the e-commerce giant systematically discriminates against pregnant workers, saying the information the agency seeks, despite its breadth, is relevant.

  • July 12, 2024

    Union Must Face Black Truck Driver's Race Bias Suit

    An Ohio federal judge refused to throw out a Black truck driver's suit against the International United Auto Workers, saying he put forward enough information to support his allegation that the union did a poor job of representing him when his employer fired him for his social media posts.

  • July 12, 2024

    Boston To Pay $1M To End Health Dept. Harassment Case

    A high-profile sexual harassment case against the city of Boston and its former health director settled for $1 million earlier this month, according to a copy of the agreement released Friday.

  • July 12, 2024

    8th Circ. Won't Grant Fired Army Staffer New Retaliation Trial

    The Eighth Circuit declined Friday to overrule a lower court's order denying a former U.S. Army supply specialist a new trial in her retaliation suit alleging she was fired for reporting that she was sexually harassed, finding that she didn't follow court rules when filing her appeal.

  • July 12, 2024

    Ex-Quantix Worker Sues Abbott Labs Over Drug Test Firing

    A former employee of Quantix SCS LLC is suing the company, Abbott Laboratories Inc. and two other drug testing companies, saying he was wrongly fired after testing positive for THC and the companies did not consider that it could have resulted from his use of legal CBD products.

  • July 12, 2024

    'Bias Interrupters' Help Employer DEI Goals, New Study Finds

    Traditional workplace bias training is not as effective as an evidence-based model that works to prevent discrimination through changes to practices such as hiring, performance evaluations and promotions, according to a new study.

  • July 12, 2024

    7 Gender-Affirming Care Cases To Watch In 2024's 2nd Half

    The U.S. Supreme Court has agreed to review a constitutional challenge by the federal government to Tennessee's ban on gender-affirming care for minors, while other appeals courts are weighing the constitutionality of states' and employers' restrictions on gender dysphoria treatment. Here are seven cases involving gender-affirming care access that attorneys will be tracking in the second half of the year.

  • July 12, 2024

    Black Educator Can't Revive Race Retaliation Suit At 11th Circ.

    The Eleventh Circuit rejected a Black educator's bid to revive her retaliation suit claiming her school board declined to renew her contract because she complained that an assistant principal racially harassed her, ruling that she failed to overcome concerns about her habitual tardiness.

  • July 12, 2024

    Calif. Forecast: Language Co. Could Pay $4M In Wage Deal

    In the coming week, attorneys should watch for the potential initial sign-off on a nearly $4 million settlement to resolve a proposed wage and hour class and collective action against language interpretation company Language Line Services Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • July 12, 2024

    Former Colorado Court Workers Settle Sexism Claims

    The Colorado State Courts Administrator's Office said in a joint notice that it has settled a lawsuit in Denver District Court with two former workers who said they were laid off as part of a broader pattern of gender discrimination against female employees.

  • July 11, 2024

    Judge Won't Permit Florida's Trans Care Ban Pending Appeal

    A federal judge denied Florida's request Thursday to pause a court order blocking a state law that bans or restricts gender-affirming care for transgender minors and adults while it challenges the ruling at the Eleventh Circuit, finding the state hasn't shown it would be harmed by the law's stagnation.

  • July 11, 2024

    Wash. Pay Transparency Suits Are Making Progress In Court

    Lawsuits filed by job seekers following the enactment of Washington state's unique pay transparency law are lurching forward, and experts say the suits' journeys to the plaintiff-friendly venue of state court and a $3.8 million class action settlement highlight some key takeaways from this type of litigation.

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.