Discrimination

  • July 17, 2024

    6th Circ. Skeptical About Nixing Diver's Harassment Verdict

    The Sixth Circuit appeared inclined Wednesday to uphold a $58,000 verdict awarded to a commercial diver who accused an environmental cleanup company of subjecting her to harassment and belittlement, with several judges expressing doubt about superseding the jury's conclusion. 

  • July 17, 2024

    After #MeToo, Report Suggests Judiciary Workplace Reforms

    A report released on Wednesday makes 34 suggested reforms for the federal judiciary to better protect its approximately 30,000 employees, including clerks, building off changes made following the #MeToo movement.

  • July 17, 2024

    Ex-SAP Sales Rep Says It Thwarted His Commission Over Age

    SAP America Inc. canned a software sales representative in his 60s just as he was about to land a million-dollar deal in order to hand off the sale to a younger woman on his team, according to an age discrimination suit filed against the company in Pennsylvania federal court.

  • July 17, 2024

    ADA Can't Shield Worker From Failed Drug Test, Co. Says

    A chemical transportation company urged a South Carolina federal court to toss a former lift operator's lawsuit alleging he was fired for taking legal CBD because of cysts on his brain and spinal cord, arguing disability law doesn't protect workers from positive drug tests for THC.

  • July 17, 2024

    IHOP Owner Strikes Deal To Exit EEOC Religious Bias Suit

    An IHOP restaurant agreed to pay $40,000 to resolve a suit from the U.S. Equal Employment Opportunity Commission accusing the business of firing a Christian cook because he asked to take Sundays off to attend church, a filing in North Carolina federal court said.

  • July 16, 2024

    Marathon Beats Ex-Worker's Gender Discrimination Case

    A Colorado federal judge has dismissed a lawsuit brought by a former Marathon Petroleum human resources supervisor who claimed she was forced out for inappropriate behavior while male coworkers got a free pass, finding that the supervisor's conduct was worse than the male colleague who she claimed received preferential treatment.

  • July 16, 2024

    Retailer Stood By While Clerk Harassed Women, EEOC Says

    Superstore chain Fred Meyer Stores Inc. failed to stop a male sales clerk from repeatedly harassing, leering at and stalking women he worked with despite numerous complaints, the U.S. Equal Employment Opportunity Commission told a federal court in Washington state Tuesday.

  • July 16, 2024

    7th Circ. Backs Manufacturer Win In Worker's Retaliation Suit

    The Seventh Circuit declined Tuesday to reinstate a lawsuit from a Black worker accusing a manufacturing company of firing him in retaliation for complaining about race discrimination with his union, saying there's no error in the lower court's decision despite it relying on his former plant manager's flubbed testimony.

  • July 16, 2024

    9th Circ. Citizen Bias Stance May Spur Hiring Policy Reviews

    The Ninth Circuit recently held that a Reconstruction-era civil rights statute allows American workers to accuse employers in federal court of favoring noncitizens, a ruling that creates a rift with the Fifth Circuit and should prompt companies to tighten their foreign worker recruitment practices. Here, experts discuss three things to know about the Ninth Circuit's decision.

  • July 16, 2024

    Ex-NBA Ref Must Show Psychologist Comms In COVID-19 Suit

    A former NBA referee must turn over records between his psychologist and his counsel to demonstrate whether the league's COVID-19 vaccination policies had the debilitating effect on his psyche that he claims in a lawsuit, a New York federal judge has ruled.

  • July 16, 2024

    Dollar General Strikes $295K Deal To End EEOC Age Bias Suit

    Dollar General has agreed to hand over $295,000 to close a U.S. Equal Employment Opportunity Commission age bias suit alleging a regional manager told older district managers he wanted to replace them with younger employees, according to an Oklahoma federal court filing Tuesday.

  • July 16, 2024

    Ex-County Exec Wants Firm Kicked Off NJ Discrimination Suit

    A former New Jersey county health director who claims his termination was retaliatory wants the firm representing the county disqualified, arguing Testa Heck Testa & White PA is conflicted due to interactions he had with two of the firm's attorneys before and during his termination meeting.

  • July 16, 2024

    EEOC Backs Ex-Uber Driver's Bid To Revive Race Bias Suit

    The U.S. Equal Employment Opportunity Commission urged the Ninth Circuit to reconsider a former Uber driver's lawsuit claiming the ride-hailing giant's rating system is racially biased, arguing that a panel's June ruling flew in the face of federal civil rights law and U.S. Supreme Court precedent.

  • July 16, 2024

    Fisher Phillips Adds Employment Ace In Dallas From Ogletree

    Fisher Phillips announced Tuesday that it has upped the headcount at its new Dallas location with a partner who came aboard from Ogletree Deakins Nash Smoak & Stewart PC.

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

  • July 16, 2024

    These Firms Have The Most Diverse Equity Partnerships

    Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

  • July 16, 2024

    Health System Strikes Deal To End EEOC Race Bias Suit

    A Michigan healthcare system has agreed to pay a Black home health aid $30,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging she was immediately fired in contradiction with system policy after a white worker accused her of starting a verbal conflict.

  • July 16, 2024

    9th Circ. Backs Printing Co.'s Win In Black Worker's Bias Suit

    The Ninth Circuit refused to reinstate a Black sales worker's lawsuit alleging that a printing company caused his performance to plummet by reassigning him to locations with lower revenues, saying he failed to show the firm was motivated by racial animus when it reorganized its sales department.

  • July 15, 2024

    Male Writer Pans CBS' Free Speech Defense In Bias Suit

    A straight white male worker who claims CBS discriminated against him by repeatedly choosing to hire more diverse candidates for writer roles urged a California federal judge to reject CBS Studios Inc.'s bid to ax the case Monday, arguing that the First Amendment "doesn't per se" shield entertainment corporations like CBS from liability.

  • July 15, 2024

    Calif. Justices Nix 3 Charter Arb. Terms, Remand Severability

    The California Supreme Court held Monday that three of four challenged provisions in Charter Communications Inc.'s employee arbitration agreement are "substantively unconscionable" but remanded a worker's discrimination case back to the trial court to determine if those provisions can be severed and the agreement can still be enforced.

  • July 15, 2024

    School Counselor's FMLA Suit Should Be Tossed, Judge Says

    A Georgia school district should be allowed to escape a former counselor's lawsuit alleging she was terminated for requesting time off to care for her sick husband, a federal judge said Monday, finding she couldn't overcome the district's explanation that she'd failed to correct performance issues despite multiple opportunities.

  • 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.

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.