Discrimination

  • July 15, 2024

    Fired NJ Cops Say ALJ's Ruling Backs Their Off-Duty Pot Use

    An administrative law judge's decision reinstating a Jersey City police officer to her job after she was fired for off-duty marijuana use provides an argument for dismissing the city's lawsuit against the state in which it argues that federal law is at odds with New Jersey law, police officers say in a letter filed Monday in federal court.

  • July 15, 2024

    4 Takeaways As Hiring Bias Suit Over Workday AI Proceeds

    A closely watched discrimination lawsuit over software provider Workday's artificial intelligence-powered hiring tools is headed into discovery after a California federal court ruled the company may be subject to federal antidiscrimination laws if its products make decisions on candidates. Here are four things to know about the latest development in the cutting-edge case.

  • July 15, 2024

    New York AG Lobs New Challenge To Rec Sports Trans Ban

    New York Attorney General Letitia James and a local roller derby league each sued to strike down a newly passed law banning transgender women and girls from participating in recreational sports at facilities run by Nassau County on Monday, reviving a bitter legal fight.

  • July 15, 2024

    8th Circ. Revives Cop's Biased Transfer Suit After Muldrow

    The Eighth Circuit reinstated a St. Louis police officer's suit alleging he was reassigned to a different unit for being straight, reversing its prior decision affirming the dismissal of his suit following a U.S. Supreme Court order loosening requirements the circuit placed on Title VII discrimination claims.

  • July 15, 2024

    Furniture Chain, EEOC Strike Deal To End Vaccine Bias Suit

    Arkansas-based Hank's Furniture Inc. will pay $110,000 to end a U.S. Equal Employment Opportunity Commission lawsuit claiming it unlawfully fired a manager who refused the COVID-19 vaccine because of her Christian beliefs, the agency and the retailer told a Florida federal court Monday.

  • 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.

Expert Analysis

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

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    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

  • In Focus At The EEOC: Protecting Vulnerable Workers

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    It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.

  • 4 Steps To Navigating Employee Dementia With Care

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    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Compliance Tips For Employers Facing An Aggressive EEOC

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    This year, the combination of an aggressive U.S. Equal Employment Opportunity Commission, a renewed focus on large-scale recruiting and hiring claims, and the injection of the complicated landscape of AI in the workplace means employers should be prepared to defend, among other things, their use of technology during the hiring process, say attorneys at Seyfarth Shaw.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • EEO-1 Ruling May Affect Other Gov't Agency Disclosures

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    By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • In Focus At The EEOC: Preserving Legal System Access

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    The track records of and public commentary from U.S. Equal Employment Opportunity Commission leaders — including two recently confirmed Democratic appointees — can provide insight into how the agency may approach access to justice priorities, as identified in its latest strategic enforcement plan, says Aniko Schwarcz at Cohen Milstein.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.