Discrimination

  • May 08, 2024

    NJ Court Reverses Order Piercing School Board Atty Privilege

    A New Jersey appellate court has reversed trial court orders compelling a school district to produce communications with its attorneys in a discrimination and malicious prosecution suit brought by a former administrator, finding that she had not established any Sixth Amendment right at stake to necessitate piercing attorney-client privilege.

  • May 08, 2024

    Littler Atty Named Miami Leader Less Than 1 Year After Arrival

    Littler Mendelson PC has selected one of its newest shareholders in Miami to take over the office managing shareholder position, the firm announced Wednesday.

  • May 08, 2024

    Dems Propose Scrapping Title VII Damages Caps

    House and Senate Democrats unveiled legislation Wednesday that would eliminate ceilings on the amount of damages workers can receive under federal civil rights law if a jury finds they've been discriminated against, a proposal the lawmakers say would correct outdated limits.

  • May 08, 2024

    Lighting Co. Reaches Deal To End Parental Leave Suit

    A lighting company struck a deal with a former project manager who accused the company of firing him because he asked to take parental leave after his child was born and he was then stuck in Egypt at the outset of the pandemic, a Massachusetts federal court filing said.

  • May 08, 2024

    Catholic School Defeats Gay Teacher's Bias Suit At 4th Circ.

    The Fourth Circuit on Wednesday struck down a gay drama teacher's win in his suit alleging he was unlawfully fired by a Catholic school after announcing his wedding on Facebook, finding that his job entailed responsibilities that triggered a religious exception to anti-discrimination law.

  • May 07, 2024

    Gov't Enforcement Concerns Employers, Littler Report Finds

    Almost three-quarters of U.S. employers share great concern over the impact the U.S. Department of Labor's and the National Labor Relations Board's enforcement actions will have on their businesses, according to a survey Littler Mendelson PC released Wednesday.

  • May 07, 2024

    10th Circ. Finds 'Religious Animus' In School's Vaccine Rules

    The Tenth Circuit ruled Tuesday that the University of Colorado System's policies regarding COVID-19 vaccine exemptions violated constitutional religious liberty protections, saying its rules were motivated by "religious animus" and should have been blocked by a trial court.

  • May 07, 2024

    5th Circ. Urged To Reject Challenge To Board Diversity Rule

    The NAACP Legal Defense and Educational Fund urged the Fifth Circuit not to upend a Nasdaq Stock Market rule meant to encourage corporate board diversity, saying in a brief Monday that the rule's opponents have staked out a "radical" position on the equal protection clause of the U.S. Constitution that threatens to "entrench ... barriers to opportunity."

  • May 07, 2024

    Remote Atty Is No Reason For Mistrial, 10th Circ. Says

    In a published opinion Tuesday, a Tenth Circuit panel ruled that the remote court appearance of a plaintiff's attorney who contracted COVID-19 was not grounds to declare a mistrial after a Black utility worker lost his Title VII workplace discrimination case in Kansas, finding that the plaintiff could not show that he was prejudiced by his lead counsel's absence.

  • May 07, 2024

    8th Circ. To Mull Scope Of 2022 Law Curbing Arbitration

    An Eighth Circuit panel on Wednesday will be the first federal appellate court to grapple with the question of when actions must have occurred to be covered under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, an issue experts say urgently needs more clarity.

  • May 07, 2024

    Ohio City Escapes Police Officer's Age Bias Suit

    An Ohio city on Tuesday defeated a lawsuit from a police officer who claimed he was fired because he was in his 50s, with a federal judge finding he had a record of policy violations that a younger colleague did not.

  • May 07, 2024

    Ex-LSU Director Denied New Trial Bid In Bias Suit

    A former associate athletic director cannot revive her suit claiming that Louisiana State University fired her after she reported sex- and race-based discrimination and harassment, a Louisiana federal judge ruled Tuesday, finding that the former director failed to show that her termination was caused by her reporting of the discrimination.

  • May 07, 2024

    NJ Justices Say Survivor Gag Orders Flout #MeToo Law

    A nondisparagement clause in a former New Jersey police sergeant's settlement agreement resolving sex discrimination, sexual harassment and retaliation claims against her former employer is against public policy and unenforceable, the New Jersey Supreme Court held on Tuesday.

  • May 07, 2024

    Hospital Can't Force Nurse's Retaliation Suit Into Arbitration

    A Texas appellate court said Tuesday that a former nurse does not have to arbitrate claims that she was fired after reporting that a patient slapped her buttock, stating that a recently enacted federal law barring sexual assault-related claims from out-of-court resolutions applies to her case.

  • May 07, 2024

    Wash. Opinion Establishes Pay Transparency Suit Battle Lines

    A Washington federal court opinion on a job applicant's pay transparency suit offers clues to how this novel area of equal pay could play out in future litigation, attorneys say, and it raises questions on what constitutes harm and a sincere application effort.

  • May 07, 2024

    Ark. Restaurant Operator Pays $12K For FMLA Infractions

    The operator of nine restaurants in Arkansas paid nearly $12,000 in back wages and fines for firing a worker who took protected leave under the Family and Medical Leave Act, the U.S. Department of Labor announced Tuesday.

  • May 07, 2024

    Ogletree Adds Shareholder In Detroit From Miller Canfield

    Ogletree Deakins Nash Smoak & Stewart PC has added a labor and employment partner from Michigan firm Miller Canfield Paddock & Stone PLC to its Detroit office, the firm announced Tuesday.

  • May 07, 2024

    Amazon Worker Wants Class Cert. In Military Leave Suit

    A former Amazon worker urged a New York federal court to greenlight a more than 9,000-member class of military reservists in her lawsuit accusing the e-commerce giant of failing to provide paid leave for employees on active duty, saying the dispute is best suited for class treatment.

  • May 07, 2024

    8th Circ. Seems Unwilling To Revive Ex-Lockheed Atty's Suit

    The Eighth Circuit appeared likely Tuesday to uphold the dismissal of a Black former Lockheed Martin in-house attorney's race discrimination and retaliation lawsuit, questioning whether a lesser sanction would've adequately punished misstatements to the trial court about her current high-paying job.

  • May 07, 2024

    FDIC Review Flags 'Patriarchal' Workplace, Chief's 'Temper'

    The Federal Deposit Insurance Corp.'s workplace culture has suffered "far too long" from sexual harassment, discrimination and other abuses that higher-ups failed to adequately address, according to a report released Tuesday that is drawing renewed calls for FDIC Chairman Martin Gruenberg's exit.

  • May 07, 2024

    Women's Advocate Discusses Unions' Impact On Pay Gaps

    Unions help women earn higher wages and narrow gender pay gaps, according to an analysis of U.S. Bureau of Labor Statistics data by the National Women’s Law Center. Here, Law360 speaks with the law center’s senior counsel Adrienne DerVartanian about the protections unions afford women and others.

  • May 07, 2024

    DC Circ. Boots Retired EPA Director's Age Bias Suit

    The D.C. Circuit declined Tuesday to revive a suit from a retired U.S. Environmental Protection Agency director who said she was pushed into a junior role to make way for younger workers, finding she couldn't pursue the case because she didn't lose benefits or pay.

  • May 07, 2024

    Google Says Exec's Firing Based On Behavior, Not Bias

    Google urged a New York federal court to toss a lawsuit from a former executive who said he was fired for being a white man, arguing his termination came because he threw a raucous, alcohol-fueled party at his lake house despite receiving prior warnings about bad behavior.

  • May 07, 2024

    Sidley Brings On Wilson Sonsini Employment Pro In Palo Alto

    Sidley Austin LLP has boosted its labor and employment practice with a partner joining from Wilson Sonsini Goodrich & Rosati PC who boasts more than a decade of experience handling employment-related matters in Silicon Valley.

  • May 06, 2024

    Ikea Sanctioned For Deleting Emails In Age Bias Suit

    A Pennsylvania federal judge on Monday sanctioned Ikea for deleting four email accounts it had a duty to preserve in a proposed collective action alleging the furniture retailer discriminated based on age, saying Ikea was grossly negligent, the plaintiffs were prejudiced and the retailers' subsequent "strategy of delay and obfuscation" was "offensive."

Expert Analysis

  • Why Employers Should Heed High Court Web Designer Ruling

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    While not an employment law ruling, the U.S. Supreme Court's recent decision in the First Amendment case 303 Creative v. Elenis raises serious questions for employers that constitute public accommodations and have related anti-discrimination policies, says Tanner Camp at Foley & Lardner.

  • What To Expect From The EEOC's Proposed Pregnancy Law

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    U.S. Equal Employment Opportunity Commission regulations implementing the Pregnant Workers Fairness Act require accommodations for many conditions related to pregnancy and childbirth, and while the final rule won't be published until the public comment period expires in October, employers should act promptly, says Amy Gluck at FisherBroyles.

  • Employer Best Practices For Pay Transparency Compliance

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    With conflicting pay transparency and disclosure laws appearing across the country, employers must carefully develop different strategies for discussing compensation with employees, applicants, and off-site workers, disclosing salaries in job ads, and staying abreast of new state and local compliance requirements, says Joy Rosenquist at Littler Mendelson.

  • Congress Must Level The Employer Arbitration Playing Field

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    Federal courts have largely eviscerated state bans on arbitration of employment claims through Federal Arbitration Act preemption holdings, and they are also limiting the impact of the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, so Congress needs to step in and amend both laws, says Alan Kabat at Bernabei & Kabat.

  • What 11th Circ. Revival Of Deaf Employee's Bias Suit Portends

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    The Eleventh Circuit's recent Beasley v. O'Reilly Auto Parts decision, which created a circuit split involving the issue of linking accommodations under the Americans with Disabilities Act to essential job functions, is a curiosity about the court's analysis at least and a potential game changer for employer duties at most, says John Doran at Sherman & Howard.

  • What To Watch As Justices Take Up Title VII Job Transfer Case

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    With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.

  • Parsing EEOC Guidance On Accommodating Low Vision

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    Employers need to examine recent Equal Employment Opportunity Commission guidance on provisions for employees who are blind or partially sighted, particularly on the consequences of terminating an employee with blindness or low vision without meeting obligations under the Americans with Disabilities Act, says Amy Epstein Gluck at FisherBroyles.

  • 5 Tips For Employers Handling Generative AI Privacy Risks

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    Employers should carefully consider the privacy implications of using generative artificial intelligence tools, and employ steps to mitigate the risks, such as de-identifying data, providing notice and identifying data flows, say Zoe Argento and Amy Kabaria at Littler.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Mass. Age Bias Ruling Holds Employer Liability Lessons

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    The Massachusetts Supreme Judicial Court’s recent ruling in Adams v. Schneider Electric — upholding a laid-off employee’s age discrimination claim — is an important reminder that employers may face liability even if a decision maker unknowingly applies a discriminatory corporate strategy, say attorneys at Armstrong Teasdale.

  • Regulating AI: Litigation Questions And State Efforts To Watch

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    In view of the developing legal and regulatory framework for artificial intelligence systems in the U.S., including state legislation and early federal litigation, there are practical takeaways as we look toward the future, says Jennifer Maisel at Rothwell Figg.

  • Regulating AI: An Overview Of Federal Efforts

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    The U.S. has been carefully managing a national policy and regulatory ecosystem toward artificial intelligence, but as AI technology continues to expand into our everyday lives, so too has its risks and the need for regulation, says Jennifer Maisel at Rothwell Figg.