Discrimination

  • April 22, 2024

    NY Becomes First State In US To Mandate Paid Prenatal Leave

    With its budget passage Saturday, New York became the first state in the U.S. to implement paid leave for pregnant employees to attend doctors' appointments, expanding its paid sick time requirements to create a new bank of up to 20 hours for this purpose.

  • April 22, 2024

    9th Circ. Revives NASA Scientist's Disability Bias Suit

    The Ninth Circuit reopened a NASA scientist's lawsuit Monday claiming supervisors made disparaging comments and denied him work opportunities after he informed them about his debilitating hip and spine conditions, ruling a lower court was wrong to find no connection between the alleged harassment and his disabilities.

  • April 22, 2024

    Jury Awards VA Worker $100K In Sex Harassment Suit

    A Massachusetts federal jury handed a $100,000 win to a U.S. Department of Veterans Affairs employee in her lawsuit alleging she was forced to find a new role after her supervisor repeatedly hugged and kissed her without consent and blocked her exit from his office.

  • April 22, 2024

    IRS Failed To Act After Supervisor Groped Worker, Court Told

    An IRS employee told an Iowa federal court Monday that her supervisor groped her and made a sexually degrading comment about her during a meeting but that the agency "has done nothing" to protect her, despite an investigation concluding the harassment had likely occurred.

  • April 22, 2024

    Citing Cozen O'Connor Ties, Pa. Judge Leaves Bias Case

    Despite originally declining to recuse himself from a surgeon's gender discrimination case against Thomas Jefferson University Hospital when an attorney from his son-in-law's firm, Cozen O'Connor, became involved, U.S. District Judge Michael M. Baylson changed his mind now that the case is set for a retrial.

  • April 22, 2024

    Ohio College Settles Athlete's Down-Syndrome Bias Suit

    Ohio's Hocking College has settled a discrimination lawsuit filed by the mother of the first college football player with Down syndrome to score during a game, following accusations his former supervisor at the student recreation center threatened him with a knife.

  • April 22, 2024

    Ga. Pesticide Maker Denies DOL Whistleblower Charges

    A Georgia pesticide maker has denied all wrongdoing after being hit with a U.S. Department of Labor complaint earlier this year that accused the company of firing a whistleblower who complained about her exposure to dangerous chemical fumes.

  • April 22, 2024

    High Court Turns Away Ex-HP Worker's Disability Bias Suit

    The U.S. Supreme Court on Monday refused to take up a former Hewlett Packard employee's challenge to a Fourth Circuit decision finding he wasn't entitled to a jury trial over allegations that he was fired for seeking accommodations to treat an arthritic toe.

  • April 22, 2024

    Va. School District Beats Teacher's Disability Bias Suit

    A Virginia school district defeated a math and science teacher's suit claiming the school refused to let her temporarily teach remotely after being diagnosed with a respiratory illness, with a federal judge finding parts of her job required her to be at the school.

  • April 22, 2024

    Trulieve Strikes Deal To End Ex-Worker's Whistleblower Suit

    Cannabis company Trulieve has reached a deal with a Black former manager to end his suit alleging he was fired after reporting a supervisor's sexual misconduct and several safety violations, according to a filing in Florida federal court.

  • April 22, 2024

    Airline Fires Male Pilot Over Earring, Sex Bias Suit Says

    Republic Airways fired a pilot because he wore an earring to work in violation of a company appearance policy that unlawfully discriminates against workers based on gender expression, the pilot told a New York federal court Monday.

  • April 22, 2024

    5 New State Employment Laws Passed This Year So Far

    State legislatures around the country are winding down legislative sessions that began in January, bringing newly enacted employment laws into effect in the coming months. From child labor to pay inequality to mandatory overtime, Law360 looks at five state laws that employers will have to comply with.

  • April 19, 2024

    Wells Fargo Faces Sex Bias Suit Over 'Degrading' Workplace

    A Wells Fargo bond saleswoman sued the bank Friday in Illinois federal court, accusing it of sex discrimination by creating "an unapologetically sexist working environment" and passing her up for promotions despite her years of experience in the investment banking world.

  • April 19, 2024

    Corrections Dept. Can't End Sex Bias Suit Over Strip Searches

    The Virginia Department of Corrections must face a gender bias suit alleging it made workers strip naked after body scans flagged their contraceptive devices or menstruation products, a federal judge found Friday, saying the agency's actions appeared to target women.

  • April 19, 2024

    3 Things To Know Before Requiring PWFA Paperwork

    The U.S. Equal Employment Opportunity Commission's newly finalized regulations implementing the Pregnant Workers Fairness Act restrict the paperwork employers can request from pregnant employees seeking accommodations, limitations experts say could catch businesses off guard. Here are three things companies and workers should keep in mind about the regulations.

  • April 19, 2024

    Hospital Can't Ax Ex-Worker's Disability Suit Over COVID Vax

    A New York hospital system must face an ex-worker's lawsuit alleging he was fired after refusing to get a coronavirus vaccine because of his atrial fibrillation, with a federal judge saying Friday he adequately showed the company refused to consider the bulk of medical exemption requests.

  • April 19, 2024

    CVS Narrows But Can't End HIV Patients' Disability Bias Suit

    A California federal judge declined to toss a disability bias lawsuit brought by HIV or AIDS patients alleging CVS Pharmacy Inc. made their medication harder to get, saying federal regulations and even an internal company study warned that the program at issue was potentially problematic.

  • April 19, 2024

    Ex-Paramedic Hits Harris County With Sex Bias Lawsuit

    A former Houston-area paramedic is accusing a county emergency services provider of pushing her out of her job after she was sexually harassed even though she wasn't the one who reported the harassment.

  • April 19, 2024

    Calif. Panel Says Wedbush Waived Arbitration Flag Too Late

    A U.S. Supreme Court might have changed the arbitration landscape in suits involving California's Private Attorneys General Act, but Wedbush Securities Inc. still waited too long to try pushing out of court financial advisers' claims, a California state appeals court ruled.

  • April 19, 2024

    Quest Punished Black Worker For Flagging Racism, Suit Says

    Quest Diagnostics has been sued in Pennsylvania federal court by a former phlebotomist who said she faced racial discrimination from patients and retaliation from management when she complained.

  • April 19, 2024

    Ex-Defender Says High Court Ruling Backs Bias Claims

    A former assistant federal defender urged a North Carolina district court to consider a recent U.S. Supreme Court ruling in her sexual harassment lawsuit, arguing the high court's decision backs her claims for employment discrimination against the federal judiciary.

  • April 19, 2024

    Grocery Chain Will Pay Up To Quell EEOC Harassment Charge

    Sprouts Farmers Market agreed to pay $265,000 to end a charge lodged with the U.S. Equal Employment Opportunity Commission after an agency investigation found reasonable cause to believe workers at the organic grocery chain faced sexual harassment and were punished for complaining about it, the EEOC announced Friday.

  • April 19, 2024

    NY Forecast: Judge Considers School District Race Bias Suit

    This week a New York federal judge will consider a school district's bid to dismiss a lawsuit brought by a Black former technology specialist who claims he was fired after facing discrimination on the job based on his race. Here, Law360 explores this and other cases on the docket in New York.

  • April 19, 2024

    Twitter Can't Sink Age Bias Suit Over Post-Musk Layoffs

    A California federal judge has refused to throw out a former Twitter employee's proposed class action alleging that a wave of layoffs following Elon Musk's acquisition of the social media platform now called X disproportionately pushed out older workers, saying the suit had enough detail to stay in court.

  • April 19, 2024

    Calif. Forecast: Hilton Seeks To Undo Tips Class

    In the coming week, attorneys should watch for a potential ruling on whether a class of hotel banquet event workers can continue together with wage claims against San Francisco Hilton Inc., in a long-running case that paid a visit to the Ninth Circuit. Here's a look at that case and other labor and employment matters coming up in California.

Expert Analysis

  • Studying NY, NJ Case Law On Employee Social Media Rights

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    While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • What Texas Employers Should Know After PWFA Ruling

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    After a Texas federal judge recently enjoined federal agencies from enforcing the Pregnant Workers Fairness Act against the state of Texas, all employers must still remain sensitive to local, state and federal protections for pregnant workers, and proactive in their approach to pregnancy-related accommodations, says Maritza Sanchez at Phelps Dunbar.

  • AI In Performance Management: Mitigating Employer Risk

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    Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • 11th Circ. FMLA Ruling Deepens Divide Over Causation

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    The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.

  • Handling Neurodivergence As The Basis Of Disability Claims

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    Three recent discrimination claims in Rhode Island and New Jersey show how allegations of adverse treatment of neurodivergent individuals will continue to be tested in court, so employers should create an environment that welcomes the disclosure of such conditions, says Ting Cheung at Sanford Heisler.

  • Employers Should Take Surgeon's Sex Bias Suit As A Warning

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    A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.