Discrimination

  • July 08, 2024

    World Economic Forum Illegally Fired Black Worker, Suit Says

    The World Economic Forum fired a Black employee the day she returned from maternity leave and replaced her with a white worker who wasn't pregnant, even though she was told her position had been eliminated, according to a suit filed Monday in New York federal court.

  • July 08, 2024

    American Airlines Faces New Claim In ADA Suit Over Firings

    An HIV-positive former flight attendant suing American Airlines over his firing for taking leaves has added as a plaintiff a fellow ex-attendant who claims she was terminated for taking time off to deal with health issues wrought by poor work conditions.

  • July 08, 2024

    Judge Rightly Axed Guard's Bias Claim, Union Tells 6th Circ.

    An Ohio federal judge properly dismissed a fired white female prison guard's claim that her union failed to fight as hard for her reinstatement as it did for the Black male guard fired alongside her, the union told the Sixth Circuit, saying her claims lack merit.

  • July 08, 2024

    Ohio Woman Says Clinic Fired Her Because Of Disabled Son

    A Cleveland-based kidney dialysis clinic allegedly fired a technician for telling it she might have to return to a less demanding work schedule to help treat her son's medical condition, according to a complaint filed Monday.

  • July 08, 2024

    11th Circ. Backs Orlando's Win In Worker's Race Bias Suit

    The Eleventh Circuit declined Monday to reinstate a race discrimination lawsuit a Black former employee brought against the city of Orlando, Florida, saying she failed to show that her firing and other actions she experienced were motivated by racial animus.

  • July 08, 2024

    11th Circ. Revives Fla. Worker's Retaliation Claim

    The Eleventh Circuit partially revived a retaliation suit brought by a Florida construction worker who claims he was harassed for being Cuban and unable to speak English and threatened and assaulted after reporting the behavior, before being fired by a company that said it found him sleeping on the job.

  • July 08, 2024

    K&L Gates Labor Atty Moves To Cozen O'Connor In Pittsburgh

    Cozen O'Connor expanded its Pittsburgh office this week with the addition of an attorney with nearly two decades of experience in labor and employment law, who moved his practice after more than five years with K&L Gates LLP.

  • July 08, 2024

    NFL Disputes Reporter's Racism, Retaliation Claims

    The NFL has pointedly denied allegations by journalist Jim Trotter that it ignored his concerns about discriminatory hiring and increased its focus on him and his work after he raised them, telling a New York federal judge Friday that it knew nothing of his interactions with supervisors about those concerns.

  • July 08, 2024

    Dollar General Settles EEOC Age Bias Suit Before Trial

    Dollar General has settled a U.S. Equal Employment Opportunity Commission suit alleging the discount store chain allowed a regional manager to harass older district managers, two weeks before the case was scheduled for trial, according to an Oklahoma federal court filing Monday.

  • July 08, 2024

    Hospital Must Face Ex-Worker's Religious Bias Suit

    An Oregon federal judge refused to release a hospital from a former employee's suit claiming she was fired because she objected to receiving a COVID-19 vaccine in light of her Christian beliefs, saying a jury is best suited to decide if there was bias when the company refused to accommodate her.

  • July 08, 2024

    EEOC Floats Plan To Reinstate Pay Data Collection

    The U.S. Equal Employment Opportunity Commission is working on reinstalling a shelved data collection initiative aimed at tackling pay inequity by surveying employers for salary details, according to the regulatory agenda of the administration of President Joe Biden.

  • July 05, 2024

    Armstrong Teasdale Resisted Diversity, Ex-DEI VP Says

    Armstrong Teasdale LLP's former vice president of diversity, equity and inclusion claims the law firm hired her to help it cultivate a more diverse workplace, but then blocked her attempts to make recommendations and improvements before wrongly firing her, according to a lawsuit recently filed in Missouri state court.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    Judge Should Have Been Disqualified From Case, Panel Said

    A Washington appeals court panel said a trial judge should have been disqualified over bias concerns raised by metro Seattle's bus agency in a worker discrimination case, according to an opinion that said the judge's order allowing an amended complaint was not a discretionary ruling in the case that would have forbid disqualification.

  • July 05, 2024

    8th Circ. Rejects 3M Vax Mandate Critic's Religious Bias Suit

    The Eighth Circuit upheld the dismissal Friday of a 3M worker's suit claiming he was harassed by the company to get immunized against COVID-19 in violation of his Christian beliefs, ruling that because he wasn't fired for opposing the since-repealed vaccine mandate, he can't support a bias case.

  • July 05, 2024

    5 Cases Against The EEOC To Watch In 2024's 2nd Half

    The U.S. Equal Employment Opportunity Commission finalized regulations governing the new Pregnant Workers Fairness Act and published long-anticipated guidance for combating workplace harassment this year, triggering lawsuits from Republican attorneys general and religious groups. Here's a look at a quintet of suits challenging those EEOC policy moves. 

  • July 05, 2024

    Tech Co. Wants To Undo $535K Retaliation Verdict

    A technology company on Wednesday asked a Georgia federal judge to overturn a jury's decision to award a Black worker $535,000 in damages after finding he was fired in retaliation for complaining that his supervisor discriminated against him and that he was denied a raise because of his race.

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

  • July 05, 2024

    NY Forecast: Judge Weighs Dismissal Of Service Fee Tip Suit

    A New York federal judge on Monday will consider a Long Island restaurant's bid to dismiss a worker's lawsuit claiming the restaurant violated federal and state law by retaining a service charge instead of dividing it among servers as it told customers.

  • July 03, 2024

    Muldrow Revives Worker's Pregnancy Bias Suit, 3rd Circ. Says

    The Third Circuit reinstated parts of a worker's suit claiming she was forced to resign from Pennsylvania's probation board because she was denied light duty and remote assignments to accommodate her pregnancy, stating Wednesday a recent high court ruling requires another look at her case.

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.