Discrimination

  • June 27, 2024

    6th Circ. Backs Court Win In Black Ex-Worker's Race Bias Suit

    The Sixth Circuit declined Thursday to reinstate a lawsuit a former pretrial services investigator lodged against a Michigan circuit court accusing it of passing her over for a promotion because she's Black, saying her failure to show bias — not her poor interviewing skills — cost her the role.

  • June 27, 2024

    6th Circ. Dismisses Doctors' ACA Trans Healthcare Appeal

    The Sixth Circuit dismissed on Thursday an appeal from a group of doctors attempting to block the U.S. Department of Health and Human Services from enforcing prohibitions on gender-identity discrimination under the Affordable Care Act, finding subsequent agency action overruled the doctors' claims.

  • June 27, 2024

    Lewis Brisbois Adds Employment Atty In Nevada

    Lewis Brisbois Bisgaard & Smith LLP announced that a labor and employment attorney with more than 40 years of experience has joined the firm's Reno, Nevada, office as a partner.

  • June 27, 2024

    Union Pacific Dodges Black Engineer's Promotion Bias Suit

    An Illinois federal judge threw out a lawsuit by a longtime engineer accusing Union Pacific of passing him over for promotions because he's Black, saying he failed to rebut the railroad company's argument that it went with better-qualified applicants for the roles he sought.

  • June 27, 2024

    Staffing Nonprofits To Pay $325K To End EEOC Deaf Bias Suit

    Two Hawaii staffing nonprofits have agreed to pay $325,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging they refused to provide deaf employees with a sign language interpreter during staff meetings, according to a filing in federal court.

  • June 27, 2024

    Calif. School District Settles EEOC National Origin Bias Probe

    A California school district agreed to pay $45,000 after a U.S. Equal Employment Opportunity Commission investigation discovered reasonable cause to believe the district refused to promote a vice principal because he is Hispanic, the agency said Thursday. 

  • June 27, 2024

    Appeal Of Wash. Pay Range Suit Remand Gets Shut Down

    A Washington federal judge refused to certify an appeal to the Ninth Circuit concerning the lower court's decision to remand to state court a lawsuit alleging retailer Aaron's should have included pay ranges in job advertisements, saying that state court is the ideal venue to interpret state law.

  • June 27, 2024

    9th Circ. Revives US Citizen's Hiring Bias Suit Against Meta

    A split Ninth Circuit panel on Thursday reinstated a proposed class action alleging Facebook parent company Meta unlawfully favors visa holders when hiring, ruling that a Reconstruction-era civil rights law bars employers from discriminating against U.S. citizens.

  • June 27, 2024

    Pa. Manufacturer Ends EEOC Sex Harassment Suit

    A manufacturing company has struck a $110,000 deal with the U.S. Equal Employment Opportunity Commission to close a Pennsylvania federal court suit alleging it failed to act when two female workers complained they were regularly subjected to sexual comments and unwanted touching.

  • June 27, 2024

    Calif. Farm To Pay $200K To End EEOC Sex Harassment Suit

    A raspberry farm will pay $200,000 to resolve a suit from the U.S. Equal Employment Opportunity Commission accusing it of allowing a male supervisor to sexually harass male and female employees and retaliating against those who spoke up, a filing in California federal court said.

  • June 26, 2024

    Workers Feeling PWFA's Impact After 1st Year In Effect

    The Pregnant Workers Fairness Act, which took effect one year ago Thursday, has brought about more pregnancy accommodations for workers without causing overwhelming compliance challenges for employers, attorneys on both sides of the bar say.

  • June 26, 2024

    Jury Backs Mass. City In Firefighters' Race Bias Suit

    A Massachusetts federal jury sided with the city of Springfield on Tuesday in a suit brought by nonwhite firefighters who claimed the city failed to enforce residency requirements for its employees and stifled their opportunities for advancement.

  • June 26, 2024

    Gas Co. Settles Fired Hemp User's Disability Bias Suit

    An industrial gas manufacturer agreed to settle a worker's suit previously revived by the Sixth Circuit claiming he was illegally fired after he tested positive for marijuana, results that he said were false and derived from his use of legal hemp to treat pain following cancer surgery.

  • June 26, 2024

    NCDOT Settles Ex-Worker's Breast Milk Pumping Area Suit

    The North Carolina Department of Transportation and a former employee who accused it of failing to provide clean, private space for its nursing workers to pump their breast milk have agreed to settle their dispute, according to new documents filed in federal court.

  • June 26, 2024

    Mozilla Discriminated Based On Cancer Diagnosis, Exec Says

    Software company Mozilla Corp., creator of the Firefox browser, has been hit with a discrimination suit in Washington state court alleging it discriminated against its chief product officer by placing him on leave and demoting him following his cancer diagnosis, despite positive performance reviews and his successful efforts to bolster revenue.

  • June 26, 2024

    Housekeeping Co. Settles EEOC National Origin Bias Probe

    The U.S. Equal Employment Opportunity Commission announced Wednesday that it struck a deal with a housekeeping services company to put an end to an investigation into allegations that the company reprimanded workers who spoke Spanish and other languages in the workplace.

  • June 26, 2024

    LVMH Can't Yet Collect $490K Award From Former Legal Exec

    A Manhattan judge on Wednesday confirmed LVMH Moet Hennessy Louis Vuitton Inc.'s $490,000 arbitration win for a former legal executive's alleged contract violations, but declined to enforce the payment until the two sides resolve a related sexual harassment and retaliation dispute.

  • June 26, 2024

    Ex-Seattle Cancer Center Worker Settles Suit Over 'Woke' DEI

    A former clinical social worker for Seattle's Fred Hutchinson Cancer Center has agreed to drop her lawsuit accusing management of firing her for protesting diversity programming as laden with "woke" identity politics, according to a recent stipulation filed in Washington federal court.

  • June 26, 2024

    8th Circ. Won't Pause PWFA Regs During GOP States' Appeal

    The Eighth Circuit declined to block U.S. Equal Employment Opportunity Commission regulations implementing the Pregnant Workers Fairness Act while several Republican state attorneys general challenge the dismissal of their suit targeting the rule's abortion coverage.

  • June 26, 2024

    Veteran Says Starbucks Fired Him Over Parental Leave

    Starbucks retaliated against an Army veteran who took time off after the birth of his child by firing him during a Teams call, a lawsuit in Washington federal court claims.

  • June 26, 2024

    Security Co. Cuts Deal To End EEOC Disability Bias Suit

    Security company GardaWorld reached a $37,500 deal with the U.S. Equal Employment Opportunity Commission to resolve its lawsuit accusing the company of wrongly refusing to provide a deaf employee with a sign language interpreter despite the worker's multiple requests, a filing in Florida federal court said.

  • June 26, 2024

    NYC Firm Settles Ex-Receptionist's Retaliatory Firing Suit

    Donaldson & Chilliest LLP has struck a tentative settlement with a former receptionist over claims that the firm retaliated and fired her after she reported that an associate had tried to rape her.

  • June 26, 2024

    Grocer, EEOC End Suit Over Snubbed Rastafarian Applicant

    A grocery chain has agreed to pay a job hopeful $40,000 to close a U.S. Equal Employment Opportunity Commission suit alleging the company discriminated against his Spiritualist Rastafarian beliefs when it declined to hire him because he refused to cut his dreadlocks.

  • June 26, 2024

    Feds' 5th Circ. Win On Preventive Care May Imperil ACA

    The Fifth Circuit's decision to knock out a national injunction against preventive services coverage requirements under the Affordable Care Act left healthcare advocates breathing a sigh of relief, but attorneys say even more of those requirements may be on the chopping block.

  • June 26, 2024

    AT&T Strikes Deal To Exit Former Exec's Age Bias Suit

    AT&T reached a deal Wednesday to resolve a former assistant vice president's suit alleging he was fired because he's a 58-year-old white man, a filing in Georgia federal court said.

Expert Analysis

  • 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.

  • Sex Harassment Arbitration Exemption: Devil Is In The Date

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    A Federal Arbitration Act amendment that exempts workplace sexual harassment claims from arbitration is muddled in ongoing confusion about its chronological reach — and as many such cases begin to run up against applicable statutes of limitations, the clock is ticking for claimants to bring their actions in court, says Abe Melamed at Signature Resolution.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Lessons Learned From 2023's Top FMLA Decisions

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    This year’s most significant Family and Medical Leave Act decisions offer lessons on the act's technical requirements, including the definition of serious health condition, compliance with notice requirements and whether it is permissible to give an employee substantial extra work upon their return from leave, says Linda Dwoskin at Dechert.

  • Artificial Intelligence Is In Need Of Regulation — But How?

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    Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • 10 Steps To Reduce Risks From AI Employment Tools

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    In light of the White House’s recent executive order on responsible use of artificial intelligence, companies using AI tools to make employment decisions should take steps to understand and mitigate the legal risks posed by these products and keep up with the rapidly evolving regulations that govern them, say attorneys at Cooley.

  • What Employers Can Learn From EEOC's 2023 ADA Priorities

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    Between a spike in Americans with Disabilities Act suits filed by the Equal Employment Opportunity Commission in 2023 and the agency’s newly released priorities, the EEOC has provided employers a preview of several ADA issues — like web accessibility, pregnancy discrimination and inflexible policies — it will likely focus enforcement on next year, says Stacy Bunck at Ogletree.

  • Eye On Compliance: EEOC Focus On Workplace AI

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    With the U.S. Equal Employment Opportunity Commission’s recent guidance and enforcement focus on the use of artificial intelligence tools during the hiring process and other job-related assessments, companies should be mindful that anti-discrimination laws apply equally to both human- and AI-generated decisions, say Laura Stutz and Lisa Ackerman at Wilson Elser.