Discrimination

  • June 06, 2024

    Teachers Want Cozen O'Connor Kicked Off Equal-Pay Case

    Rather than having a Pennsylvania federal judge who has presided over their equal-pay case for years recuse himself over having a son-in-law who's a shareholder at Cozen O'Connor, a class of female teachers asked the court to kick Cozen O'Connor PC off the case Thursday.

  • June 06, 2024

    Tastykake Co. Can't Duck Bias Suit Over Prayer Breaks

    The maker of Tastykake snacks can't escape the bulk of a Black, Muslim ex-worker's suit claiming it unfairly docked time from him for taking prayer breaks, a Pennsylvania federal judge ruled, finding the suit could stay in court even though it read as a "disjointed laundry list" of grievances.

  • June 06, 2024

    Trucking Co. Settles EEOC Race, Religious Bias Suit

    A trucking and logistics company will pay $65,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it denied a worker's request to rest on the Sabbath and ignored his complaints that his colleagues harassed him, according to an Ohio federal court filing Thursday.

  • June 05, 2024

    Ex-Meta Engineer Says He Was Fired For Flagging Gaza Issue

    A Palestinian American software engineer at Meta Platforms Inc. said his former employer has a "chronic anti-Palestinian bias," and he was fired in the midst of trying to address the company's problems with needlessly censoring Palestinian social media posts, according to a suit filed in California state court.

  • June 05, 2024

    Union Asks NY Court To Toss Musicians' Representation Row

    An American Federation of Musicians local urged a New York federal court Wednesday to dismiss duty of fair representation claims from two orchestra musicians, arguing that the plaintiffs didn't raise allegations of "any plausible violation" of an arbitration award reinstating the duo.

  • June 05, 2024

    Catholic Broadcasters Angry Over FCC 'Gender Ideology' Rule

    The Catholic Radio Association is up in arms over the Federal Communications Commission's new workforce diversity reporting mandates that will require broadcasters to report how many nonbinary people they employ, telling the agency they're being forced to record something that "does not comport to reality."

  • June 05, 2024

    Kanye West Faces Sex Harassment Suit By Ex-Assistant

    Kanye West repeatedly sexually harassed a woman who worked as his assistant by sending her inappropriate and profane texts and forcing her to watch him masturbate, according to a lawsuit filed in Los Angeles County Superior Court against the rapper and some of his companies. 

  • June 05, 2024

    Medical Clinic Must Face Patients' Record-Snooping Suit

    An Indiana appeals court on Wednesday reinstated claims against a medical clinic that employed a physician who improperly accessed the medical records of female patients for personal reasons, saying whether the doctor was acting within the scope of his employment is an issue still up for debate.

  • June 05, 2024

    Fired Team Doctor Sues Emory, Falcons For Discrimination

    A former head medical physician for the NFL's Atlanta Falcons, who is Black, has filed a defamation and civil rights lawsuit against Emory Healthcare Inc. and the team, alleging he was continuously denied leadership opportunities in favor of white colleagues before abruptly being fired.

  • June 05, 2024

    9th Circ. Backs Wag's Win In Black Applicant's Bias Suit

    The Ninth Circuit said a Black job hopeful can't revive his bias and retaliation suit alleging pet care business Wag rejected him for a manager role because he complained that the company's hiring manager discriminated against him in another job, ruling that his case lacks proof to stay in play.

  • June 05, 2024

    EEOC Lambastes Enterprise For Seeking Its Hiring Data

    The Florida arm of rental car giant Enterprise can't use the U.S. Equal Employment Opportunity Commission's hiring data to combat the agency's allegations that the company discriminated against older applicants for a training program because such information is irrelevant, the federal bias watchdog told a federal court.

  • June 05, 2024

    Worker's Sexual Harassment Suit Against Fiat Gets Tossed

    A Michigan federal judge has tossed a Fiat Chrysler employee's sexual harassment and retaliation claims against the company over the alleged actions of her union steward, saying the worker hadn't responded to a court order.

  • June 05, 2024

    Atty Accused Of 'Quiet Quitting' Ends Bias Suit Against Firm

    New York-based plaintiffs firm Napoli Shkolnik PLLC and a former attorney told a federal court they've agreed to end the ex-employee's lawsuit alleging she was publicly accused of breaking her employment contract by "quiet quitting" because she challenged the racist behavior she witnessed.

  • June 05, 2024

    Machinery Co. Can't Beat Suit Over Gender-Affirming Care

    A New Hampshire turbomachinery company can't dodge a transgender employee's lawsuit alleging its healthcare plan's ban on gender dysphoria treatment coverage is discriminatory, with a federal judge ruling the company overlooked the U.S. Supreme Court's landmark Bostock decision.

  • June 05, 2024

    Amtrak, Chick-Fil-A Franchise Face Pregnancy Bias Charges

    Amtrak and a Chick-fil-A franchise ran afoul of the Pregnant Workers Fairness Act by punishing workers for taking time off for pregnancy-related medical care, according to U.S. Equal Employment Opportunity Commission charges a worker advocacy group said it filed Wednesday.

  • June 05, 2024

    Ohio Panel Revives Cancer Scientist's Misconduct Probe Suit

    An Ohio appellate court revived parts of a cancer research scientist's suit accusing Ohio State University of mishandling a probe into his conduct sparked by a New York Times article the scientist said defamed him, ruling his claims the school failed to follow its own policy should continue.

  • June 05, 2024

    AAA Says Fee Critique 'Flawed' For Missed Eclipse Day Depo

    An attorney sanctioned for missing a deposition in Florida while he was in Arkansas viewing April's solar eclipse used "guesswork" in a response asking a federal judge in the Sunshine State to whittle a request for $7,800 in fees down to just over $1,200, according to a reply filed this week by AAA in a lawsuit by a former employee.

  • June 05, 2024

    Lewis Brisbois Employment Attys Join Kaufman Dolowich

    Kaufman Dolowich has hired a pair of Lewis Brisbois Bisgaard & Smith LLP employment attorneys as partners in Los Angeles.

  • June 05, 2024

    Waste Co. Strikes Deal To Exit DOL Sex Bias Probe

    A Southern California waste collection company will pay more than $104,000 and hire 10 women to end an investigation by the U.S. Department of Labor into the company's discriminatory hiring practices against female job applicants.

  • June 05, 2024

    Ally Bank Unlawfully Denied White Man Senior Role, Suit Says

    Ally Financial Inc. declined to tap a white male employee for a leadership position so it could pick a woman and fulfill its diversity quotas and pushed him into an analyst role he was later forced to resign from, according to a suit filed in North Carolina federal court.

  • June 05, 2024

    Public Input On EEOC/NLRB Memo A Must, US Rep. Says

    A coming joint memorandum from the nation's federal discrimination and labor law watchdogs addressing when workplace speech qualifies as unlawful harassment should be opened to public comment before being published, the Republican chairwoman of the House Education and the Workforce Committee said. 

  • June 05, 2024

    Atty Retaliation Claim 'Self-Serving Spin,' Major Lindsey Says

    Legal recruiter Major Lindsey & Africa has asked a Maryland federal judge to toss an associate's claim that she was retaliated against after suing Troutman Pepper for racial discrimination, arguing that the absence of a contract between the parties dooms her claim, and that she failed to show that the recruiter "acted with a retaliatory motive or intent."

  • June 04, 2024

    JPMorgan Accused Of Retaliating Against Indian H-1B Worker

    JPMorgan Chase & Co. is facing a new lawsuit accusing it of firing an Indian product manager on an H-1B visa after the former employee confronted his supervisor for allegedly discriminating against him based on his race and nationality.

  • June 04, 2024

    Ga. County Wants 11th Circ. To Rethink Trans Care Ban Ruling

    A Georgia county that lost a legal challenge to a provision of its health plan that bars coverage for gender-affirming surgery has asked the full Eleventh Circuit to revisit the decision, arguing that an opinion last month wrongly found the policy discriminates against transgender people, rather than being isolated to a single procedure.

  • June 04, 2024

    Advocates Say Workplace AI Vendors 'Ignore' Disability Bias

    Two federal agencies' ongoing investigations into claims that artificial intelligence-fueled screening tools sold by management consulting firm Aon discriminate against disabled job applicants show that tech vendors are overlooking disability bias when they roll out new technology, worker advocates say.

Expert Analysis

  • Vaccine Accommodation Suits Show Risk Of Blanket Policies

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    A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • Workplace Challenges Amid Israeli-Palestinian Conflict

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    Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • High Court's Job Bias Questions May Predict Title VII Ruling

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    Employers may be able to predict — and prepare for — important changes to workplace discrimination laws by examining the questions the U.S. Supreme Court asked during oral arguments for Muldrow v. St. Louis, where several justices seemed to favor a low threshold for Title VII suits, says Wendy LaManque at Pryor Cashman.

  • 2 Cases Highlight NJ Cannabis Employment Law Uncertainties

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    More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Sex Harassment Arbitration Exemption: Devil Is In The Date

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    A Federal Arbitration Act amendment that exempts workplace sexual harassment claims from arbitration is muddled in ongoing confusion about its chronological reach — and as many such cases begin to run up against applicable statutes of limitations, the clock is ticking for claimants to bring their actions in court, says Abe Melamed at Signature Resolution.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Lessons Learned From 2023's Top FMLA Decisions

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    This year’s most significant Family and Medical Leave Act decisions offer lessons on the act's technical requirements, including the definition of serious health condition, compliance with notice requirements and whether it is permissible to give an employee substantial extra work upon their return from leave, says Linda Dwoskin at Dechert.

  • Artificial Intelligence Is In Need Of Regulation — But How?

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    Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.