Discrimination

  • July 03, 2024

    Mass. Court Partially Revives Trooper's Bias Suit

    An intermediate-level appellate panel in Massachusetts on Wednesday partially revived a suit brought by a state trooper who claimed she faced retaliation and was treated differently after breaking up with a colleague.

  • July 03, 2024

    Staffing Firm To Pay $500K To End EEOC Sex Harassment Suit

    A staffing firm will pay out $500,000 to resolve a U.S. Equal Employment Opportunity Commission suit accusing it of failing to intervene when the female workers it placed at a raisin company reported sexual harassment, according to a filing in California federal court.

  • July 03, 2024

    After Chevron Deference: What Lawyers Need To Know

    This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.

  • July 02, 2024

    Northwestern Hires 'Mediocre' Minorities Over Men, Suit Says

    Northwestern University's law school favors hiring women and minority faculty candidates with "mediocre and undistinguished records" over better-credentialed white men, a conservative group claims in a lawsuit filed Tuesday in Chicago federal court, a year after the U.S. Supreme Court struck down affirmative action in higher education admissions.

  • July 02, 2024

    FilmOn Founder Must Pay $900M In Sexual Battery Verdict

    Alki David, founder of FilmOn and heir to a Coca-Cola bottling fortune already facing more than $80 million in judgments related to sexual battery or sexual assault lawsuits, was ordered by a Los Angeles jury to pay a staggering $900 million to a former employee who accused him of raping her, according to documents posted in the case Tuesday.

  • July 02, 2024

    Charter Justified Firing Of Lactating Worker, 10th Circ. Says

    A Tenth Circuit panel on Tuesday sided with Charter Communications over an employee who alleged she was fired for seeking reasonable accommodations to pump breast milk at work, with the panel finding Charter supplied a legitimate reason for her termination.

  • July 02, 2024

    2nd Circ. Backs County Win In Ex-Director's ADA Bias Suit

    The Second Circuit refused on Tuesday to revive a lawsuit that a former fiscal affairs director brought against a New York county's policymaking branch, saying he failed to show that a planned back surgery — and not his poor performance — cost him his job.

  • July 02, 2024

    NY County Must Face Ex-Assistant DA's Leave Bias Suit

    A New York county can't dodge a former assistant district attorney's suit claiming she was unlawfully fired for requesting time off following her husband's cancer diagnosis, with a federal judge ruling more information is needed to determine whether she was misled about her eligibility for leave.

  • July 02, 2024

    8th Circ. Curbs An Employer Defense In Disability Bias Cases

    The Eighth Circuit recently made it easier for disabled workers to get bias cases to trial by reining in a legal shield employers can deploy against Americans with Disabilities Act claims, a step one disability law expert called "revolutionary."

  • July 02, 2024

    11th Circ. Revives School Worker's Religious Bias Suit

    The Eleventh Circuit reinstated a suit Tuesday from a worker who claimed a Florida school board illegally denied his request to avoid working on the Sabbath, ruling that he did enough to show the board's decision making may have been discriminatory.

  • July 02, 2024

    7th Circ. Backs Hospital's Win In Black Physician's Bias Suit

    The Seventh Circuit declined Tuesday to reinstate a Black physician's lawsuit alleging she was forced to quit because she was paid less than other doctors to do more work, saying she failed to show she was treated differently from white employees.

  • July 02, 2024

    Metal Co. Can't Narrow EEOC's Race Discrimination Suit

    A metal galvanization company can't cut several workers from a U.S. Equal Employment Opportunity Commission suit claiming it failed to address rampant racist language at its facility, a New York federal judge ruled, rejecting the employer's argument that the employees neglected the company's anti-discrimination policies.

  • July 02, 2024

    DC Circ. Revives Asian ATF Agent's Promotion Bias Suit

    The D.C. Circuit revived a special agent's suit Tuesday alleging he lost a promotion in the Bureau of Alcohol, Tobacco, Firearms and Explosives for complaining he was denied job opportunities for being Asian American, finding the lower court overlooked details that supported his claims.

  • July 02, 2024

    DLA Piper Tells Judge Fired Associate Got Proper Discovery

    Counsel for DLA Piper LLP told a Manhattan federal judge on Tuesday the firm has provided responsive information to a former associate who claims she was unlawfully fired while pregnant, adding it is confident her termination was lawful.

  • July 02, 2024

    Wendy's Franchisee Settles EEOC Suit Over Workforce Data

    A company that operates Wendy's restaurants reached a deal with the U.S. Equal Employment Opportunity Commission to end a suit claiming it shirked its legal responsibility to timely submit its workforce demographic data, a filing in Ohio federal court said.

  • July 01, 2024

    High Court's 1-2 Punch Sets Up Long-Standing Regs For KO

    By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.

  • July 01, 2024

    UC Riverside Profs Win Combined $6.1M In Retaliation Trial

    Two former University of California, Riverside professors were awarded a total of $6.1 million in damages by a jury that found they were retaliated against in violation of the California Whistleblower Protection Act after making official complaints about alleged misdeeds their supervisor was engaging in, including misuse of government funds. 

  • July 01, 2024

    Chevron's End May Tilt Challenges To Pregnant Worker Rule

    The recent elimination of a long-standing doctrine that directed judges to defer to federal agencies' interpretations of ambiguous statutory language gives potentially potent ammunition to opponents of the U.S. Equal Employment Opportunity Commission's regulations implementing the Pregnant Worker Fairness Act, attorneys say.

  • July 01, 2024

    FCC Urged To Delay Broadcast Reporting Rule During Lawsuit

    Religious broadcasters and advocacy groups are urging the Federal Communications Commission to halt collection of workforce race and gender demographics at television and radio broadcasters while a challenge to a reinstated rule proceeds in the Fifth Circuit.

  • July 01, 2024

    Nev. Supreme Court Won't Give Gruden 2nd Try Against NFL

    The Nevada Supreme Court will not rehear a decision to send to arbitration former Las Vegas Raiders head coach Jon Gruden's defamation lawsuit against the NFL, a three-member court panel ruled Monday.

  • July 01, 2024

    Workers Accuse Kanye West Of 'Extreme' Racism On The Job

    Eight young app developers have sued "Heartless" rapper Ye, formerly known as Kanye West, his company and its former chief of staff, conservative firebrand Milo Yiannopoulos, in California federal court, alleging they fostered a hostile and abusive working environment, subjecting them to "extreme racism," bullying and harassment without pay.

  • July 01, 2024

    Ill., Northshore Say Anti-Vax Case Not About Religious Liberty

    A nurse working for a Northshore Health unit in Illinois should be permanently blocked from pursuing employment deprivation claims over her initial denial of a COVD-19 religious vaccine exemption, the health facility said, arguing she is using a state conscience law as a "sword" against COVID-19 protections. 

  • July 01, 2024

    Ex-LSU Football Director Seeks Full 5th Circ. Bias Suit Review

    A former Louisiana State University football director asked the Fifth Circuit on Monday for a full-court review of its ruling that her bias suit does not plausibly show that school officials violated public records law by not turning over sexual harassment investigation records.

  • July 01, 2024

    ACLU, NLRB Prosecutors Clash Over Outspoken Atty's Firing

    National Labor Relations Board prosecutors and the American Civil Liberties Union filed dueling briefs in a board challenge to an ex-policy attorney's firing, with prosecutors claiming she was fired for speaking out about bad bosses and the group claiming she relentlessly smeared Black supervisors.

  • July 01, 2024

    8th Circ. Revives ADA Suit By Diabetic Hardee's Manager

    The Eighth Circuit breathed new life Monday into a former manager's lawsuit alleging a Hardee's franchisee fired her because she has diabetes, saying a jury could sort out whether she was unlawfully fired after a diabetic episode that she claimed precluded her from calling in sick.

Expert Analysis

  • 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.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Generative AI Adds Risk To Employee 'Self-Help' Discovery

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    Plaintiffs have long engaged in their own evidence gathering for claims against current or former employers, but as more companies implement generative AI tools, both the potential scope and the potential risks of such "self-help" discovery are rising quickly, says Nick Peterson at Wiley.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • 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.