Discrimination

  • July 23, 2024

    6th Circ. Vows Careful Immunity Take In Prof's Retaliation Suit

    The Sixth Circuit wrestled Tuesday with whether six University of Louisville officials were each rightly denied immunity from a former professor's suit alleging he was unconstitutionally pushed out because of his views on treating childhood gender dysphoria, with one judge promising meticulous assessments of each defendant.

  • July 23, 2024

    11th Circ. Revives Fire Chief's COVID Vax Retaliation Suit

    The Eleventh Circuit on Tuesday reinstated a fire chief's lawsuit alleging a Florida county fired him in retaliation for disobeying a superior's order to reprimand workers who failed to request an exemption to its COVID-19 mandate, saying a recent U.S. Supreme Court ruling needs to be taken into account.

  • July 23, 2024

    High Court Groff Ruling Not A Slam Dunk For Namesake

    An attorney for the Christian postal carrier whose lawsuit prompted the U.S. Supreme Court to strengthen workers' ability to secure faith-based workplace accommodations struggled Tuesday to convince a trial judge that the updated high court rules tie up the case in the worker's favor.

  • July 23, 2024

    Senate Dems Roll Out Bill To Codify Chevron Deference

    Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.

  • July 23, 2024

    NJ Gov. Gets Partial Win In Ex-Elections Chief's Suit

    A New Jersey state judge has handed Gov. Phil Murphy a partial win over claims from the state's former elections chief alleging that his civil rights were violated, dismissing a claim that former official had a legal right to his job.

  • July 23, 2024

    Mich. Justices Urged To Curb Suit-Restricting Job Contracts

    A fired caregiver has told the Michigan Supreme Court that employers should not be able to contractually limit employees' time to sue, arguing that job-seekers who sign such contracts are often in a vulnerable position and forced to accept unfair terms.

  • July 23, 2024

    Golf Club Escapes Bartender's Sex Bias, Retaliation Suit

    An Arizona golf resort fired a beverage cart server for repeated attendance issues, not because she complained that a customer had tried to rip off her skirt, a federal judge ruled in ending the lawsuit.

  • July 23, 2024

    Rising Star: Gibson Dunn's Ryan Stewart

    Ryan Stewart of Gibson Dunn & Crutcher LLP helped car rental giant Enterprise dodge $160 million in claims that it illegally collected biometric data from workers when it used their fingerprints to register their arrival at work, on top of other victories he secured for Amazon and sales company Credico, earning him a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 23, 2024

    4 Steps For Keeping Bias Out Of Performance Reviews

    Though regular performance reviews are standard in many jobs, experts warn that bias can easily creep into evaluations and lead to illegal gender- and race-based pay gaps in a time of increased legislative and public focus on pay inequity. Here, experts from both sides of the bar discuss four strategies to ensure performance reviews aren't unfairly hitting protected workers' pocketbooks.

  • July 23, 2024

    Jury Awards Hispanic Manager $643K In Bias, Retaliation Suit

    A Georgia federal jury handed down a $643,000 win to a Hispanic former manufacturing production manager who accused the owner of a stone fabrication company of using racial slurs toward him, then firing him after he complained about a colleague's continued abuse.

  • July 23, 2024

    Whole Foods Settles With Ex-Worker In BLM Mask Dispute

    Whole Foods Market has reached a tentative settlement with a former employee at its Cambridge, Massachusetts, store who says she was fired in 2020 in retaliation for wearing a Black Lives Matter mask, a month before the case was set to go to trial.

  • July 22, 2024

    Globetrotters' Parent & Media Cos. Want Out Of Sex Bias Suit

    The parent and media companies of the Harlem Globetrotters want out of a female former player's sex bias and harassment suit, telling a Georgia federal court she failed to exhaust her administrative remedies by not first filing her complaints against them with the EEOC and obtaining a right-to-sue letter.

  • July 22, 2024

    State Street Sets Aside $4.2M To Address Wage Discrimination

    Federal financial services provider State Street agreed to set aside $4.2 million to make wage adjustments in the future as part of a settlement to resolve allegations that it discriminated against some women managing directors with its base pay and bonuses, the U.S. Department of Labor announced Monday.

  • July 22, 2024

    Wells Fargo Flouted Director's Dignity, Jury Told In ADA Trial

    Wells Fargo chose to lay off a longtime managing director to avoid dealing with his request to continue working from home to cope with his bladder and colon condition as the bank readied for a return to office after the pandemic, a federal jury in Charlotte heard Monday.

  • July 22, 2024

    Harris' Record Evinces Drive To Boost Employee Rights

    While Vice President Kamala Harris' work on employment policy has been less publicized than her other endeavors, experts said the potential Democratic presidential nominee's tenure in Congress makes clear that enhancing workplace protections is a priority for her.

  • July 22, 2024

    Mich. Justices Say Fired Safety Whistleblowers Can Sue

    Michigan's highest court revived a former Fiat Chrysler employee's lawsuit against the automaker Monday, saying that occupational safety laws don't preempt his claims that he was fired because he raised concerns about potential asbestos at his jobsite.

  • July 22, 2024

    American Airlines Aims To Block Disabled Worker Class Cert.

    American Airlines Group Inc. has said a disabled worker aims to have a Texas federal court certify an "unprecedented nationwide class of all disabled American flight attendants" who can't maintain a regular work schedule and has asked the court to strike the plaintiff's class allegation.

  • July 22, 2024

    GOP States Tell 8th Circ. To Revive PWFA Rule Challenge

    A group of Republican state attorneys general urged the Eighth Circuit to revive their lawsuit challenging the U.S. Equal Employment Opportunity Commission's Pregnant Workers Fairness Act regulations, arguing courts shouldn't defer to the agency's interpretation of the law under fresh U.S. Supreme Court precedent.

  • July 22, 2024

    BlackBerry Sex Harassment Plaintiff May Lose Anonymity

    A former BlackBerry executive claiming CEO John Giamatteo sexually harassed her on his way up to the top job while she was fired for reporting his actions may not be able to proceed with her suit anonymously, a California federal judge said Monday.

  • July 22, 2024

    Transfer To D-II Should End HBCU Race Bias Suit, NCAA Says

    The basketball player claiming that the NCAA's Academic Performance Program discriminates against historically Black colleges and universities is no longer harmed by the program after transferring to a lower-division college, the NCAA has argued to an Indiana federal court.

  • July 22, 2024

    9th Circ. Backs Arbitration In Former AmEx Workers' Bias Suit

    The Ninth Circuit said Monday that a group of former American Express employees must arbitrate their suit claiming the company's diversity initiatives discriminated against white people, rejecting their argument that they were being unlawfully blocked from seeking relief that would benefit others.

  • July 22, 2024

    Approval Sought For $1.2M Deal In Labor Trafficking Suit

    A car parts manufacturer, two recruiting agencies and a group of Mexican engineers who alleged the companies lured them to the U.S. with false promises of high-paying jobs before forcing them to work manual labor for long hours and low wages have reached a tentative $1.2 million settlement.

  • July 22, 2024

    Wash. Jury Says Seattle Port Owes Fired Police Chief $24.2M

    A Washington state jury said Monday that the Port of Seattle owes its ex-police chief $24.2 million, capping off a six-week trial on his claims that the port axed him as punishment for complaining about lack of due process in workplace misconduct investigations.

  • July 22, 2024

    9th Circ. Backs TSA's Win In Ex-Worker's Retaliation Suit

    The Ninth Circuit declined to reinstate a lawsuit alleging the Transportation Security Administration fired an officer for complaining that he faced a hostile work environment, saying he failed to overcome the agency's assertion that he was terminated for refusing to comply with an investigation into alleged criminal activity.

  • July 22, 2024

    SAG-AFTRA Beats Vax Mandate Suit In Calif. Federal Court

    A California federal judge has tossed a group of SAG-AFTRA members' claims that the union betrayed them by allowing studios to impose vaccine mandates after the pandemic, saying the workers' state-level claims are preempted by the Labor Management Relations Act and a federal-level claim is untimely.

Expert Analysis

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • 5 Steps For Gov't Contractor Affirmative Action Verification

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    As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.

  • New OSHA Memo Helps Clarify Recordkeeping Compliance

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    Based on recent Occupational Safety and Health Administration guidance on whether musculoskeletal disorders are recordable injuries under the agency's recordkeeping regulation, it appears that OSHA may target active release techniques and stretching programs during its inspections, say attorneys at Morgan Lewis.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

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    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • Navigating Title VII Compliance And Litigation Post-Muldrow

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    The U.S. Supreme Court’s recent ruling in Muldrow v. St. Louis has broadened the scope of Title VII litigation, meaning employers must reassess their practices to ensure compliance across jurisdictions and conduct more detailed factual analyses to defend against claims effectively, say Robert Pepple and Christopher Stevens at Nixon Peabody.

  • Why Employers Shouldn't Overreact To Protest Activities

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    Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.

  • Best Practices To Accommodate Workplace Service Animals

    Excerpt from Practical Guidance
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    Since the U.S. Equal Employment Opportunity Commission recently pledged to enforce accommodations for people with intellectual, developmental and mental health-related disabilities, companies should use an interactive process to properly respond when employees ask about bringing service animals into the workplace, say Samuel Lillard and Jantzen Mace at Ogletree.

  • Kansas Workers' Comp. Updates Can Benefit Labor, Business

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    While the most significant shake-up from the April amendment to the Kansas Workers Compensation Act will likely be the increase in potential lifetime payouts for workers totally disabled on the job, other changes that streamline the hearing process will benefit both employees and companies, says Weston Mills at Gilson Daub.