Discrimination

  • April 25, 2024

    Judge Decries Discovery Delay In Chicago Genetic-Bias Fight

    An Illinois federal judge has warned a proposed class of Chicago employees that further discovery delays in their suit alleging a city wellness program intentionally discriminated against them on the basis of their genetic information could result in the court barring witnesses' testimony from the case.

  • April 25, 2024

    Md. Lodge To Pay $150K To End EEOC Pregnancy Bias Suit

    A hospitality company will pay $150,000 to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of unlawfully firing an employee right after it learned she had a miscarriage, according to a filing Thursday in Maryland federal court.

  • April 25, 2024

    EEOC Says High Court Ruling Impacts Trainer's Transfer Case

    The U.S. Equal Employment Opportunity Commission told the Eleventh Circuit that a recent U.S. Supreme Court decision bolsters an athletic trainer's bid to revive her lawsuit alleging she was transferred away from a high school because male coaches didn't want to work with a woman.

  • April 25, 2024

    Fired Equinox Trainer Can't Revive Age Bias Suit At 2nd Circ.

    The Second Circuit upheld the dismissal of an Equinox trainer's bias suit claiming she was fired due to her age, ruling Thursday she couldn't overcome the luxury fitness chain's position that she was sacked for threatening a younger colleague while using vulgar language.

  • April 25, 2024

    Vince McMahon Accuser Says Arbitration Bid Is Full Of 'Lies'

    The former World Wrestling Entertainment Inc. legal staffer who accused founder Vince McMahon of sexually abusing and trafficking her is fighting his bid to arbitrate the explosive lawsuit, arguing that he used a recent motion to mount a "vicious" and untrue attack on her character.

  • April 25, 2024

    Novartis Can't Avoid Ex-Sales Rep's Gender Pay Bias Suit

    Pharmaceutical giant Novartis must face a former sales representative's lawsuit alleging her salary was over $20,000 less than a male colleague pitching the same drug, a Colorado federal judge ruled, saying it's unclear whether their responsibilities were distinct enough to explain the difference.

  • April 25, 2024

    Impact Of NY Prenatal Leave Law Hinges On Awareness

    New York recently became the first state in the U.S. to require employers to offer paid sick time for pregnant workers to go to the doctor, and experts said that while it shouldn't be a big adjustment for employers, getting the word out about the new requirement is crucial.

  • April 25, 2024

    EEOC Pregnant Worker Rule Draws Suit From Red State AGs

    A group of 17 Republican state attorneys general hit the U.S. Equal Employment Opportunity Commission with a lawsuit Thursday over the agency's recently finalized Pregnant Workers Fairness Act regulations, saying the EEOC's stance that the PWFA encompasses abortion-related workplace accommodations is unconstitutional. 

  • April 25, 2024

    EEOC Urges 3rd Circ. To Revive Fired Worker's Reprisal Suit

    The U.S. Equal Employment Opportunity Commission urged the Third Circuit to reinstate a former manager's lawsuit accusing a glass company of firing him because he refused to fire his plant's only two Black workers, saying a jury should hear the dispute.

  • April 25, 2024

    Ex-Defender Says Feds Can't Hide Other Harassment Reports

    A former assistant federal defender wants to make certain #MeToo evidence public following the trial in a case accusing the judiciary of botching its probe into her own sexual harassment complaint, saying the contents of similar allegations concerning the Federal Defender's Office have already been publicly revealed.

  • April 25, 2024

    Marshall Dennehey Gains Employment Ace From NJ Boutique

    Marshall Dennehey PC has added an employment law and trial attorney to its Mount Laurel, New Jersey, roster who came aboard from Flahive Mueller LLC.

  • April 25, 2024

    Defunct Phone Seller Must Pay In EEOC Sex Harassment Suit

    A former cellphone retailer owes nearly $108,000 in a U.S. Equal Employment Opportunity Commission lawsuit alleging a teenage employee was sexually assaulted by an older male manager, a California federal judge said, adopting a recommendation that the company be penalized for neglecting the suit.

  • April 25, 2024

    Workday Blasts 'Partisan' EEOC Input On AI Bias Suit

    Workday Inc. urged a California federal judge to reject the U.S. Equal Employment Opportunity Commission's bid to file an "inappropriately partisan" amicus brief in support of a Black job hopeful's suit claiming the business uses biased algorithms to disqualify applicants.

  • April 25, 2024

    EEOC Says Co. Piled Tasks On Black Worker, Then Fired Him

    A real estate company gave a Black manager more than twice as much work as his white colleague, paid him less and then fired him because he was "lazy," the U.S. Equal Employment Opportunity Commission said in a suit filed in Georgia federal court.

  • April 25, 2024

    Weinstein May Be Retried After NY Court Overturns Conviction

    Harvey Weinstein seems poised to go to trial again in New York and testify in his own defense after the state's highest court overturned the movie mogul's rape conviction Thursday in a contentious, split opinion that found his first jury proceeding was unfair.

  • April 24, 2024

    Whole Foods May Have Retaliated In BLM Case, 1st Circ. Says

    Whole Foods hasn't yet proven that its firing of a worker who wore a Black Lives Matter mask to work wasn't retaliatory, the First Circuit said in an opinion unsealed Wednesday, ruling that there is a "genuine dispute" as to whether she was terminated for protected conduct.

  • April 24, 2024

    MLB Fired Ump For Reporting Sex Harassment, Suit Says

    Major League Baseball fired a minor league umpire who accused a female colleague of bullying him and using homophobic slurs to avoid disrupting its goal of recruiting more women to work for the league, according to a complaint filed Wednesday in New York federal court.

  • April 24, 2024

    EEOC Criminal History Suit Brings Fresh Focus To Old Policy

    The U.S. Equal Employment Opportunity Commission's recent lawsuit challenging convenience chain Sheetz's use of criminal background checks aligns with the agency's longstanding take on anti-discrimination law, but is unique in its emphasis on job candidates needing to have a say in the hiring process, experts said.

  • April 24, 2024

    2nd Circ. Upholds Tech Co. Win In Sex Harassment Suit

    The Second Circuit refused Wednesday to revive a former worker's claims that her company president sexually harassed her by inviting her to see an apartment and retaliated against her when she rejected him, saying it's unclear from her suit whether he made a pass at her.

  • April 24, 2024

    McKesson Ends Ex-Sales VP's Title VII Suit Over Vax Refusal

    McKesson Corp. reached an agreement with a former sales vice president to end her lawsuit accusing the drug distributor of firing her because her Christian beliefs barred her from getting the COVID-19 vaccine, according to a filing in North Carolina federal court.

  • April 24, 2024

    Vegas Casino, EEOC Strike Deal To End Disability Bias Suit

    A Las Vegas hotel and casino agreed to pay $720,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit alleging it forced out employees who requested accommodations for their disabilities, according to a filing in Nevada federal court.

  • April 24, 2024

    4th Circ. Revives Worker's Age Bias Suit Against IT Co.

    The Fourth Circuit on Wednesday reinstated a former information technology company worker's lawsuit alleging she was unlawfully fired and replaced by someone nearly 30 years her junior, saying a trial court held her to too high a standard when it threw out her case.

  • April 24, 2024

    EEOC Says NY Brewery Fired Workers Over Cancer, Seizure

    A New York restaurant and brewery refused to give shifts to a worker with cancer and another who suffered a seizure even though they were medically cleared to work, the U.S. Equal Employment Opportunity Commission alleged Wednesday.

  • April 24, 2024

    Nev. Can't Shake Military Bias Suit Over Pensions, DOJ Says

    The federal government's suit alleging Nevada and its public employees' retirement system overcharged service members for pension credits should remain in play, the U.S. Department of Justice said, arguing it put forward enough detail showing the state's policies harm military members.

  • April 23, 2024

    Vince McMahon Says Deal With Accuser Sinks Abuse Suit

    A former World Wrestling Entertainment Inc. legal staffer who has accused founder Vince McMahon of sexually abusing and trafficking her should be forced to take her federal lawsuit to arbitration because of a deal the parties signed when they ended a consensual affair, McMahon said Tuesday in a court filing.

Expert Analysis

  • Formula In New York City AI Bias Law Is Not Ready For Use

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    New York City will soon begin enforcing its law regulating the use of artificial intelligence in employment decisions, but the statute's bias audit rules introduced a problematic scoring rate formula that should be rectified before it's mandated for use in the real world, says Jey Kumarasamy at BNH.AI.

  • Employer Tips For Complying With NYC Weight Bias Ban

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    To comply with New York City’s new law that prohibits weight or height discrimination in employment and housing decisions, employers will not only need to update workplace handbooks, anti-bias policies and training materials, but also job postings, applications and descriptions, say Jonathan Wexler and Taylor McCann at Vedder Price.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • How New Pregnancy, Nursing Laws Surpass Prior Protections

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    Employers must understand how the new Pregnant Workers Fairness and PUMP Acts build on existing federal workplace laws — and they will need to make key updates to ensure compliance, say Alexandra Garrison Barnett and Leigh Shapiro at Alston & Bird, and Kandis Wood Jackson at McKinsey & Co.

  • 4th Circ. Ruling Outlines Defense Against Retaliation Claims

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    The Fourth Circuit's surprising decision in Johnson v. Global Language Center eschewed the low standard typically applied to demonstrating protected activities under Title VII and could affect internal complaint processes and the retaliation defenses available to employers, say Tory Summey and Zack Anstett at Parker Poe.

  • An Overview Of OFCCP's Religious-Exemption Reset

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    The recent rescission of a Trump-era rule that gave government contractors broader latitude under federal anti-discrimination rules doesn't prohibit employment decisions based on religious faith, but clarifies the factors a company must consider when seeking a religious exemption, say Zev Grumet-Morris and Christopher Durham at Duane Morris.

  • FMLA Confusion Persists Despite New DOL Advisory

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    A recent U.S. Department of Labor advisory opinion provides some clarity regarding the Family and Medical Leave Act's handling of holiday weeks, but the FMLA remains a legal minefield that demands fact-specific analysis of each employee's unique situation, says Nicholas Schneider at Eckert Seamans.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Attendance Policies, ADA May Be In EEOC's Crosshairs

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    While a recent matter before the Eleventh Circuit primarily involved the U.S. Equal Employment Opportunity Commission’s subpoena power, the case's factual details suggest that the agency wants to determine whether certain attendance policies violate the Americans with Disabilities Act, potentially on a nationwide scale, say Anne Yuengert and William Manuel at Bradley Arant.

  • High Court Ruling Wouldn't Change Federal Affirmative Action

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    If the U.S. Supreme Court's eventual decision in two cases concerning affirmative action indicates that using race or ethnicity as a factor in college admissions is illegal, it would align with how the Office of Federal Contract Compliance Programs already enforces nondiscrimination regulations for government contractor hiring, say Joanna Colosimo and Evan Szarenski at DCI Consulting.

  • Title IX Damages Outlook 1 Year After High Court Ruling

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    Federal courts have been extending the holding of last year's U.S. Supreme Court decision, Cummings v. Premier Rehab Keller, to disallow emotional distress damages under Title IX, but students and educators suing educational institutions for gender discrimination can still recover monetary damages under alternate theories, say attorneys at Sanford Heisler.

  • State Laws Could Complicate Employer Pandemic Protocols

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    If the recent wave of state bills that would prevent employers from implementing certain safety protocols in a future pandemic is signed into law, companies — especially those that operate across state lines — will be forced to completely rewrite their pandemic playbooks to avoid compliance issues and discrimination claims, says Karla Grossenbacher at Seyfarth Shaw.

  • Remote Work Considerations In A Post-Pandemic World

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    Now that the public health emergency has ended, employers may reevaluate their obligations to allow remote work, as well as the extent to which they must compensate remote working expenses, though it's important to examine any requests under the Americans With Disabilities Act, say Dan Kaplan and Jacqueline Hayduk at Foley & Lardner.