Discrimination

  • July 10, 2024

    Bankruptcy Filing Halts Dueling Unions' Defamation Dispute

    One of two security and law enforcement unions embroiled in defamation suits in Michigan federal court has informed the court that it has filed for bankruptcy in Pennsylvania, pausing the claims against it a week before trial.

  • July 10, 2024

    Worker Says Law Firm Fired Her For Flagging Harassment

    A law firm brushed off a former accounts payable specialist's complaints that a male contractor was harassing her, telling her his actions were "laughable," and then fired her after she continued to bring up his conduct, she told a Virginia federal court.

  • July 10, 2024

    Atlanta, Ex-Worker Want Trial Rescheduled In Retaliation Case

    The city of Atlanta and a former city department head who says she was fired after blowing the whistle on failures in its immigrant outreach services asked a Georgia federal judge on Tuesday to reschedule a jury trial set to start in August to allow time for private mediation.

  • July 10, 2024

    6th Circ. Partly Revives Jailer's Disability Suit Over Chemicals

    The Sixth Circuit partially revived a deputy jailer's disability bias suit against a Tennessee county, tossing a district court's ruling that she failed to support discrimination claims over her termination and the county's alleged failure to accommodate her allergy to cleaning chemicals.

  • July 10, 2024

    Ohio Hospital Beats Fired Worker's COVID Testing Bias Suit

    An Ohio federal judge tossed a pharmacist's suit claiming a children's hospital flouted her beliefs by firing her after she refused the COVID-19 vaccine and weekly testing on religious grounds, ruling that she wasn't owed an accommodation that could have hurt hospital business.

  • July 09, 2024

    Ex-SF Transit Worker Tearfully Tells Of Vax-Mandate Firing

    A former San Francisco Bay Area train system police department member who claims the transit agency religiously discriminated with its COVID-19 vaccination mandate testified tearfully on Tuesday that he felt guilt and anxiety after losing his job, saying his family almost had to sell their home.

  • July 09, 2024

    With Chevron's End, LGBTQ+ Healthcare Regs Face New Risk

    The end of Chevron deference is already disrupting regulation meant to protect LGBTQ+ access to healthcare, with three federal judges blocking enforcement of a Biden administration rule prohibiting discrimination based on gender identity in healthcare.

  • July 09, 2024

    6th Circ. Won't Revive Pilots' COVID Vax Preemption Fight

    The Sixth Circuit on Tuesday refused to revive a putative class action by Kalitta Air pilots who were fired over their refusal to get the COVID-19 vaccine, finding that the Railway Labor Act precludes the court from hearing their failure-to-accommodate and disability discrimination claims, which must be resolved through arbitration instead.

  • July 09, 2024

    BCBS Unit Fails To Stop Religious Vaccine Objector Suits

    A Blue Cross Blue Shield of Michigan subsidiary can't escape claims it treated differently employees who sought accommodations from a COVID-19 vaccine mandate, a Michigan federal judge ruled Tuesday, finding it plausible that religious discrimination "was at least a motivating factor" in the way the workers were dealt with.

  • July 09, 2024

    CBD Cos. Tell Justices RICO Can't Cover Personal Injury

    A trio of CBD companies on Tuesday urged the U.S. Supreme Court to find that a trucker fired for a positive drug test cannot bring a personal injury claim under the Racketeer Influenced and Corrupt Organizations Act.

  • July 09, 2024

    Miracle-Gro Scores Early Win In Benefits Cutoff Suit

    Scotts Miracle-Gro notched an early win in a former worker's lawsuit alleging she was forced out when her health benefits were cut after she asked to work remotely following a bout of COVID-19, with a Georgia federal judge ruling Tuesday her position necessitated in-person attendance.

  • July 09, 2024

    EEOC General Counsel Says She's Homing In On Hiring Bias

    U.S. Equal Employment Opportunity Commission general counsel Karla Gilbride said Tuesday her office is focused on holding employers accountable for hiring discrimination, noting the agency has access to company data that allows it to build a case that an individual job seeker cannot.

  • July 09, 2024

    7th Circ. Passes On Look At 2-Step Cert. Process, For Now

    A Seventh Circuit panel turned down pharmaceutical company Eli Lilly & Co.'s challenge to an Indiana federal court's decision to grant collective certification in an age discrimination suit, but said it would be open to looking at the two-step certification process in place to greenlight collectives.

  • July 09, 2024

    EEOC Asks 11th Circ. To Upend Coal Co. Win In Race Bias Suit

    The U.S. Equal Employment Opportunity Commission urged the Eleventh Circuit on Tuesday to reinstate a lawsuit against a coal company brought by two Black former workers, saying they adequately showed that a white worker was subjected to more lenient standards than they were.

  • July 09, 2024

    Transportation Co. Fined Daily For Ignoring EEOC Subpoena

    A Minnesota federal judge hit a medical transportation company with a $100-a-day fine for failing to hand over information requested by the U.S. Equal Employment Opportunity Commission to aid its investigation into claims that the company underpaid a female driver out of bias.

  • July 09, 2024

    Ex-Uber Driver Urges 9th Circ. To Rehear Race Bias Suit

    An Asian former Uber driver is asking the Ninth Circuit to overturn a panel's June ruling finding he failed to support his allegations that the ride-hailing giant's rating system is racially biased, saying the court held him to too high of a standard.

  • July 09, 2024

    Ex-Worker Says She Was Assaulted By Fulton Court Staffer

    A former Fulton County Clerk of Superior and Magistrate Courts employee has filed a lawsuit against the clerk and county for allegedly protecting and enabling a senior staff member who she says sexually assaulted and harassed her.

  • July 09, 2024

    Jackson Lewis Snags Proskauer Atty In NYC Office

    Nationwide employment law firm Jackson Lewis PC announced Tuesday that it has hired a former Proskauer Rose LLP associate as a principal in its New York City office.

  • July 09, 2024

    Akamai Can't Arbitrate Saleswoman's Sex Harassment Suit

    A New York federal judge said Akamai Technologies can't arbitrate a senior account executive's claims that she endured years of sexual harassment and was hit with sexist sales quotas, ruling that her sexual misconduct claims shield the entire case from arbitration under the Ending Forced Arbitration Act.

  • July 09, 2024

    Weinstein May Face Nov. Retrial As DA Vets New Rape Claims

    Manhattan prosecutors Tuesday said November is a "realistic" date for Harvey Weinstein's retrial on rape charges as they continue to investigate new claims that the disgraced Hollywood producer assaulted other women, saying they expect to seek a superseding indictment by late September.

  • July 09, 2024

    Alaska Senators Condemn District Judge After Resignation

    Alaska's two Republican senators reprimanded the federal judge from their state who was found by a special committee to have created a hostile work environment and had an "inappropriately sexualized relationship" with one of his clerks, and has resigned.

  • July 09, 2024

    Biz Groups, Nonprofits Back EEOC Harassment Guidelines

    Several business groups and nonprofits urged a Tennessee federal court to reject a bid from a coalition of Republican state attorneys general to block new guidance from the U.S. Equal Employment Opportunity Commission, saying the agency's guidelines are necessary for safeguarding LGBTQ+ individuals from workplace harassment.

  • July 09, 2024

    UNC Health Worker's Age Bias Mediation Ends In Stalemate

    The University of North Carolina Health Care System and a former supply chain manager have reached an impasse trying to resolve his age discrimination claims outside of court, according to a mediator's recent report.

  • July 08, 2024

    Fintech Co. Current Can't Stop Ex-GC's Depo In Bias Case

    Fintech company Current must allow the deposition of its former general counsel in a suit claiming it fostered a discriminatory work culture, a New York federal magistrate judge has ruled though the judge limited the deposition to focus on discrimination the general counsel may have personally experienced or witnessed.

  • July 08, 2024

    Polsinelli Adds Prominent Employment Attys To Calif. Offices

    Polsinelli LLP has added a pair of experienced labor and employment attorneys to its Los Angeles and San Francisco offices, bolstering the firm's wage-and-hour and general employment practice in the Golden State, according to an announcement made Monday.

Expert Analysis

  • 10 Steps To Reduce Risks From AI Employment Tools

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    In light of the White House’s recent executive order on responsible use of artificial intelligence, companies using AI tools to make employment decisions should take steps to understand and mitigate the legal risks posed by these products and keep up with the rapidly evolving regulations that govern them, say attorneys at Cooley.

  • What Employers Can Learn From EEOC's 2023 ADA Priorities

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    Between a spike in Americans with Disabilities Act suits filed by the Equal Employment Opportunity Commission in 2023 and the agency’s newly released priorities, the EEOC has provided employers a preview of several ADA issues — like web accessibility, pregnancy discrimination and inflexible policies — it will likely focus enforcement on next year, says Stacy Bunck at Ogletree.

  • Eye On Compliance: EEOC Focus On Workplace AI

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    With the U.S. Equal Employment Opportunity Commission’s recent guidance and enforcement focus on the use of artificial intelligence tools during the hiring process and other job-related assessments, companies should be mindful that anti-discrimination laws apply equally to both human- and AI-generated decisions, say Laura Stutz and Lisa Ackerman at Wilson Elser.

  • 5th Circ. Ruling Sets Bostock, Faith Exemption Up For Review

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    The Fifth Circuit's Braidwood v. Equal Employment Opportunity Commission decision could tee up U.S. Supreme Court review of whether employing an individual to whose protected class the employer objects infringes on the employer's religious beliefs, potentially narrowing LGBTQ worker protections from the high court's 2020 Bostock v. Clayton County decision, says Adam Grogan at Bell Law.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Why Employers Should Refrain From 'Quiet Firing'

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    While quiet firing — when an employer deliberately makes working conditions intolerable with the goal of forcing an employee to quit — has recently been identified in the news as a new trend, such constructive discharge tactics have been around for ages, and employers would do well to remember that, comparatively, direct firings may provide more legal protection, says Robin Shea at Constangy.

  • 5 New Calif. Laws Employers Need To Know

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    Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • How AI 'Cultural Fit' Assessments Can Be Analyzed For Bias

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    Attorneys at Sanford Heisler explore how the use of artificial intelligence to assess workplace cultural fit may provide employees with increased opportunities to challenge biased hiring practices, and employers with more potential to mitigate against bias in algorithmic evaluations.

  • High Court's Old, Bad Stats Analysis Can Miss Discrimination

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    Courts and practitioners should reconsider a common statistical test for evidence of employment discrimination, created by the U.S. Supreme Court for its 1977 Castaneda and Hazelwood cases, because its “two or three standard deviations” criteria stems from a misunderstanding of statistical methods that can dramatically minimize the actual prevalence of discrimination, says Daniel Levy at Advanced Analytical Consulting Group.

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • In Focus At The EEOC: Emerging And Developing Issues

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    The U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan highlights how the agency will prioritize its limited resources over the next four years, and the most notable emerging issues include ensuring protections for pregnant workers and those dealing with long-term COVID-19 effects, says Jim Paretti at Littler.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.