Discrimination

  • April 17, 2024

    11th Circ. Says Haitian Worker's Bias Suit Isn't 'Shotgun' Case

    The Eleventh Circuit revived a Black Haitian worker's suit claiming she was fired from two government contractors for complaining that she wasn't receiving raises or promotions because of her race, saying the lower court was too critical when it tossed her suit as a "shotgun pleading."

  • April 17, 2024

    Fisher Phillips Adds Longtime Littler Atty In Ohio

    A longtime Littler Mendelson PC attorney has joined international labor and employment firm Fisher Phillips as a partner in its Cleveland office.

  • April 17, 2024

    Discovery In $500M Severance Fight Against X, Musk Will Wait

    A California federal judge paused discovery in a suit claiming X, formerly Twitter, owes $500 million in severance to the workers the company laid off after Elon Musk's takeover, saying the court should wait to sort out the company's dismissal bid.

  • April 17, 2024

    DHL To Pay $8.7M To End Long-Running EEOC Race Bias Suit

    Logistics company DHL will pay $8.7 million to resolve a 14-year-old U.S. Equal Employment Opportunity Commission suit alleging it gave Black workers more difficult and dangerous work assignments than white employees, according to an agreement filed in Illinois federal court.

  • April 17, 2024

    Justices Ease Pathway For Title VII Suits Over Job Transfers

    The U.S. Supreme Court ruled Wednesday that Title VII of the Civil Rights Act prohibits discriminatory job transfers even if they don't come with significant harm, a declaration that clears the way for more workplace bias suits to move ahead.

  • April 16, 2024

    Al Roker Fired Producer For Supporting DEI Policy, Suit Says

    Television producer William Schultz has sued Al Roker and his production company in New York federal court, alleging that he was wrongfully fired from the show "Weather Hunters" after voicing support for an initiative to bring minority writers onto the PBS children's show.

  • April 16, 2024

    What To Watch Now That EEOC Pregnant Worker Rule Is Final

    The U.S. Equal Employment Opportunity Commission's recently finalized rule to implement the Pregnant Workers Fairness Act poses new compliance questions for employers and is all but certain to be challenged in court, experts say. Here are three areas to keep an eye on now that the final regulations are out.

  • April 16, 2024

    NY High Court Zeroes In On Abortion Coverage Exemptions

    New York's highest court grappled Tuesday with whether a state regulation's exemption process shielding religious groups from a requirement that employee health plans cover abortions conflicted with a 2021 U.S. Supreme Court decision, with multiple judges questioning the constitutionality of the carveout procedure.

  • April 16, 2024

    Russell Simmons Says Rape Accuser Already Settled In 1997

    A lawyer for hip-hop mogul and Def Jam Recordings co-founder Russell Simmons told a Manhattan federal judge Tuesday that a 1997 settlement agreement and release bars a former label executive from pursuing her rape claims in court.

  • April 16, 2024

    J&J Must Face Scientist's Pregnancy Discrimination Suit

    Johnson & Johnson can't escape a scientist's lawsuit alleging it terminated her because she was pregnant so it could avoid paying her salary while on maternity leave, with a New Jersey federal judge ruling her allegations were detailed enough to stay in court.

  • April 16, 2024

    6th Circ. Won't Rehear White Ex-Kroger Manager's Bias Case

    A former manager for Kroger will not get to argue his claims he was fired because he is a white man before the full Sixth Circuit, according to a new order, letting stand the appellate court's decision to dismiss the former manager's claims.

  • April 16, 2024

    Texas Auto Dealership Resolves EEOC Cancer Bias Suit

    A Texas automotive dealership has agreed to pay $325,000 to end a U.S. Equal Employment Opportunity Commission lawsuit alleging it fired a 65-year-old executive after he was diagnosed with cancer to avoid covering his medical bills, according to a filing in Texas federal court.

  • April 16, 2024

    Builder Ends EEOC Suit Accusing It Of Firing White Worker

    A manufactured-home builder will pay $135,000 to end a U.S. Equal Employment Opportunity Commission lawsuit accusing it of firing a white worker because he has a multiracial family and refused to take part in conversations belittling Black people, the agency said Tuesday.

  • April 16, 2024

    Shulman Rogers Opens In Baltimore With Bowie & Jensen Trio

    Washington, D.C.-area firm Shulman Rogers PA announced that it hired a trio of former Bowie & Jensen LLC attorneys to lead the firm's expansion to Baltimore, where it plans to open a new office in the near future.

  • April 16, 2024

    5th Circ. Won't Disturb County Win In Officers' Retaliation Suit

    The Fifth Circuit declined to reinstate constitutional claims from officers who said a constable punished them for not supporting his reelection campaign, upholding a finding that a Texas county can't be held liable for his actions.

  • April 16, 2024

    Va. Hospital System Beats COVID Vaccine Bias Suit

    A Virginia healthcare system defeated a suit claiming it unlawfully refused to excuse two Christian employees from its COVID-19 vaccination requirement, with a federal judge finding they could have taken a version of the vaccine that didn't conflict with their religious beliefs.

  • April 15, 2024

    Conn. Court Should Allow Award For PTSD Firing, Agency Says

    Connecticut's state human rights watchdog has urged a state court to uphold a $62,000 award in favor of a Charter Communications worker who says she was fired because she had post-traumatic stress disorder, arguing that the decision followed sound legal principles and the judicial branch should defer to the agency's ruling.

  • April 15, 2024

    Tesla Workers' Atty Rips Claim Of Influence Over State Agency

    Counsel representing a putative class of roughly 6,000 Black Tesla workers alleging the automaker has allowed racism to run rampant at its California factory fired back during a class certification hearing Monday, calling Tesla's suggestion that plaintiffs counsel are driving the state's civil-rights litigation "beyond preposterous."

  • April 15, 2024

    Hospital To Pay $45K To Resolve EEOC Racial Slur Firing Suit

    A North Dakota hospital will pay $45,000 to resolve a lawsuit the U.S. Equal Employment Opportunity Commission lodged accusing it of firing a Black nurse's aide less than a week after she reported that a colleague had called her the N-word, the agency announced Monday.

  • April 15, 2024

    10th Circ. Backs Kansas Hospital's Disability Bias Suit Win

    The Tenth Circuit refused Monday to revive a doctor's lawsuit claiming a Kansas hospital refused to let him work after he was diagnosed with minor neurocognitive disorder, finding it was unreasonable to expect the medical center to pay over $1 million for another physician to supervise him.

  • April 15, 2024

    Harvard Says Antisemitism Case Not 'Legally Appropriate'

    Harvard University has said a lawsuit seeking to force it to submit to court-ordered monitoring and other conditions following allegations of antisemitism on campus "is neither an effective nor legally appropriate vehicle" to address the issue.

  • April 15, 2024

    Jury Sides With Ala. City Education Board In Pay Bias Suit

    An Alabama federal jury rejected a former athletic director's gender bias suit alleging she was paid less than male colleagues and demoted by an Alabama school board, four months after the case was revived by the Eleventh Circuit.

  • April 15, 2024

    Iowa Justices Nix Social Worker's $790K Harassment Suit Win

    The Iowa Supreme Court overturned a social worker's $790,000 jury trial win in her lawsuit accusing Iowa's Department of Human Services of allowing a male supervisor to make sexualized comments to her and other female employees, saying she couldn't rely on other workers' experiences to prove her case.

  • April 15, 2024

    Google Says Worker Fired Over Threats, Not Bipolar Disorder

    Google told a California federal court it should toss a lawsuit alleging the tech giant fired an employee because he took medical leave due to his bipolar disorder, arguing he was let go because of threatening emails he sent rather than his mental illness.

  • April 15, 2024

    Long Island Debt Collector Settles Disabled Worker's Bias Suit

    A Long Island debt collection law firm told a New York federal judge it reached a settlement in principle Monday to end a former employee's suit alleging the firm discriminated against her by failing to give her accommodations after a car accident and then terminating her.

Expert Analysis

  • 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.

  • Vaccine Accommodation Suits Show Risk Of Blanket Policies

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    A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • Workplace Challenges Amid Israeli-Palestinian Conflict

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    Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • High Court's Job Bias Questions May Predict Title VII Ruling

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    Employers may be able to predict — and prepare for — important changes to workplace discrimination laws by examining the questions the U.S. Supreme Court asked during oral arguments for Muldrow v. St. Louis, where several justices seemed to favor a low threshold for Title VII suits, says Wendy LaManque at Pryor Cashman.

  • 2 Cases Highlight NJ Cannabis Employment Law Uncertainties

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    More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.