Discrimination

  • March 04, 2024

    Reporter Blasts NFL For Ignoring Discrimination Suit Claims

    The NFL's reasoning in moving to dismiss reporter Jim Trotter's discrimination and retaliation lawsuit "is way off the mark," and the motion itself "is more notable for what it ignores than what it states,'' Trotter said in a scathing opposition memorandum filed in New York federal court.

  • March 04, 2024

    Thomas, Alito Say Campus 'Speech Police' Case Worth A Look

    U.S. Supreme Court Justices Clarence Thomas and Samuel Alito objected Monday to their colleagues' decision to dismiss as moot claims that Virginia Tech's now-defunct protocol for reporting controversial speech violated the First Amendment, arguing the court must decide whether universities can police student speech.

  • March 04, 2024

    Christian Group Nabs Injunction In EEOC Trans Care Suit

    A North Dakota federal judge said Monday a Christian business group's members no longer have to provide coverage for gender transition care because it violates their religious beliefs, granting the group a key win in its suit challenging the U.S. Equal Employment Opportunity Commission's governance of federal regulations.

  • March 04, 2024

    JPMorgan's Arbitration Fee Delay Trims Wage Suit

    JPMorgan Chase can't push into arbitration a former branch manager's claims not related to her wage and hour ones because it failed to timely pay the arbitration fees, a California federal judge ruled.

  • March 04, 2024

    Budget Deal Would Keep EEOC Funding Frozen At $455M

    The U.S. Equal Employment Opportunity Commission is unlikely to get a $26 million funding boost that President Joe Biden requested for the agency, with a bipartisan congressional budget deal leaving the bias watchdog's appropriations at $455 million for another year.

  • March 04, 2024

    Construction Co. Settles EEOC Disability Bias Suit

    A Mississippi federal judge on Monday greenlighted a $30,000 deal that puts an end to a U.S. Equal Employment Opportunity Commission lawsuit accusing a construction company of refusing to let a worker perform dialysis treatments at work to manage her kidney disease.

  • March 04, 2024

    Ban Lifted On Fed Courts' Admin Staff Engaging In Politics

    The administrative arm of the federal judiciary is allowing the majority of its workers to participate in political activity in their free time, responding to a 2022 D.C. Circuit ruling that prior restrictions were unconstitutional.

  • March 04, 2024

    Drexel Must Face Medical Prof's Sex Bias, Retaliation Suit

    Drexel University can't dodge a former medical school professor's allegations that she was fired for complaining that female faculty members were treated poorly and given fewer opportunities than men, with a Pennsylvania federal judge finding she provided enough evidence to plausibly link her complaints to her termination.

  • March 01, 2024

    Tesla Judge Sees 'Range Of Options' In Factory Race Bias Suit

    A California state judge who previously indicated she's prepared to certify a 6,000-member class of Black Tesla workers alleging the company allowed racist language and graffiti at a California factory cautioned Friday that she's still "exploring a range of options" on how to best adjudicate the case.

  • March 01, 2024

    2nd Circ. Won't Revive Ex-Barclays Exec's Whistleblower Suit

    The Second Circuit on Friday affirmed a lower court's decision to toss a whistleblower suit from a former Barclays executive, finding that he didn't sufficiently back up his allegations of retaliation under the Sarbanes-Oxley Act.

  • March 01, 2024

    Aetna Can't Escape Fertility Bias Suit From Same-Sex Couple

    A California federal judge has declined to toss a woman's case challenging Aetna's fertility treatment coverage as discriminatory, finding at this stage, she has sufficiently argued that the policy discriminates against LGBTQ couples in violation of the Affordable Care Act.

  • March 01, 2024

    Diddy Accuser Can't Continue Anonymously, NY Judge Rules

    A woman who anonymously sued Sean "Diddy" Combs must reveal her identity as she continues to litigate her claims that the rapper and his record label's longtime president trafficked and raped her when she was a teenager, a New York federal judge has ruled.

  • March 01, 2024

    White, Male Writer Says CBS Uses Illegal Diversity Quotas

    CBS Studios Inc. enacted discriminatory diversity quotas that kept white, straight men out of its writers rooms, according to a suit filed in California federal court by a freelance writer who said he was denied job opportunities on a network show due to his identity.

  • March 01, 2024

    11th Circ. Backs Ala. Agency's Win In Worker's Colorism Suit

    The Eleventh Circuit declined Friday to reinstate a lawsuit from an Alabama state housing agency worker who said her lighter-skinned Black supervisors gave her grief for having dark skin, saying she failed to overcome the agency's argument that she was let go for poor performance.

  • March 01, 2024

    GOP Probes EEOC's Approach To Diversity Programs

    The U.S. Equal Employment Opportunity Commission must explain how it is responding to allegations of race discrimination in company diversity programs, House Republicans told the agency in a letter Friday.

  • March 01, 2024

    Calif. Forecast: State Justices To Hear 'Intentionality' Args

    In the coming week, attorneys should watch for oral arguments at the California Supreme Court in a case dealing with the standard for penalties for "knowing and intentional" wage statement violations. Here's a look at that case and other labor and employment matters coming up in California.

  • March 01, 2024

    Booz Allen Says Ex-Employee Can't Tie Firing To Sex

    A former Booz Allen Hamilton worker pursuing a sex discrimination and retaliation suit failed to demonstrate how she would have been differently treated if she were male, the defense contractor and management consulting firm argued in urging a Virginia federal court to toss the case.

  • March 01, 2024

    Dollar General Resolves Black Ex-Worker's Retaliation Suit

    Dollar General settled a Black former worker's lawsuit alleging she was unlawfully fired not long after she complained about race discrimination to the U.S. Equal Employment Opportunity Commission, according to a filing in Mississippi federal court Friday.

  • March 01, 2024

    Kent State, Transgender Prof. Eye Early Wins In Bias Suit

    The three defendants in a transgender professor's suit accusing Kent State University and two university officials of discrimination and retaliation in the revocation of a promotion, as well as the professor, have all asked an Ohio federal court to grant early wins in the case. 

  • March 01, 2024

    Fired Boston Top Cop Says 'Destroyed Reputation' Merits Trial

    A Boston police commissioner fired after decades-old allegations of domestic abuse surfaced told a federal judge he is entitled to his day in court for his defamation suit, saying the city's former mayor "destroyed" his reputation in the press.

  • March 01, 2024

    Golf Club Settles Claims Trump Atty Illegally Pushed NDA

    A Trump Organization golf club has settled a former server's claims that she was illegally induced to sign a nondisclosure agreement by one of Donald Trump's lawyers, Alina Habba, reopening the door for the ex-employee to pursue claims that she was sexually harassed on the job.

  • March 01, 2024

    USPS Says Ex-Carrier's Suit Fails Updated Religious Bias Test

    The U.S. Postal Service urged a Pennsylvania federal court to toss a former mail carrier's religious discrimination suit following its trip to the U.S. Supreme Court, arguing his request to skip Sunday work caused an excessive burden on the agency under the high court's clarified standard.

  • March 01, 2024

    IT Firm Workers' $70M Race Bias Verdict Scrapped

    A Texas federal court on Friday wiped away a $70 million jury verdict that 10 former information technology company workers won in a race discrimination suit, saying the evidence didn't back up the hefty damages award.

  • March 01, 2024

    Bombardier Age Bias Collective Action Shut Down

    A Kansas federal judge decertified Friday a collective action that alleged Bombardier Inc. targeted older workers for termination to create a more youthful workforce, ruling the ex-workers didn't show any discriminatory company policy.

  • March 01, 2024

    GRSM50 Adds Employment Pro In San Diego From Solo Shop

    Gordon Rees Scully Mansukhani LLP, now known as GRSM50, is bolstering its employment team, bringing in a trial attorney, with his own firm, adept at class actions as a partner in its San Diego office.

Expert Analysis

  • Employer Pointers As Wage And Hour AI Risks Emerge

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    Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.

  • Race Bias Defense Considerations After 11th Circ. Ruling

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    In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.

  • 6 Ways To Minimize Risk, Remain Respectful During Layoffs

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    With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.

  • NYC Workplace AI Regulation Has Been Largely Insignificant

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    Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.

  • 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.