Discrimination

  • May 09, 2024

    Feds' Pay Bias Suit Against Wis. Military Affairs Heads To Trial

    A federal judge refused Thursday to grant the Wisconsin Department of Military Affairs a win in a lawsuit brought by the U.S. Department of Justice, saying a jury could find that the state agency lowballed an applicant for a director position because she's a woman.

  • May 09, 2024

    Ga. Fire Department Settles Feds' Race Bias Lawsuit

    A Georgia county has agreed to pay $750,000 to resolve the federal government's lawsuit alleging its use of a written exam and credit checks to select firefighter applicants caused fewer Black job seekers to be hired, according to a Thursday federal court filing.

  • May 09, 2024

    Senate Panel OKs Ban On Mandatory Age Bias Arbitration

    The Senate Judiciary Committee advanced a bill out of committee Thursday that would ban the mandatory arbitration of workplace age discrimination claims in a vote that garnered the support of both Democrats and Republicans.

  • May 09, 2024

    EEOC Vice Chair Says Sex Bias Claims, Arbitration Don't Mix

    U.S. Equal Employment Opportunity Commission Vice Chair Jocelyn Samuels said Thursday that the agency thinks all sex-based harassment claims should be able to avoid mandatory arbitration under federal law, giving credence to a legal theory that could lead to more litigation.

  • May 09, 2024

    Ballard Spahr Atty Among 5 Rimon Arrivals On Both Coasts

    Rimon PC has expanded its offices in New Jersey, Philadelphia, Orlando, San Francisco and San Diego with the addition of five attorneys, bolstering its intellectual property, investment management, real estate, employment and litigation capabilities, the firm announced Thursday.

  • May 09, 2024

    Philly Doctor Loses Bid To Restore $15M Bias Award

    A Philadelphia federal judge on Thursday denied a former Thomas Jefferson University Hospital surgeon's request to reinstate a $15 million jury verdict against his onetime employer, reasoning that the judge would have reached the same conclusion as a previous judge who vacated the award before recusing himself from a new trial.

  • May 09, 2024

    Chancery Tosses Qualcomm Investor's Diversity Suit

    A shareholder who sued Qualcomm Inc. for allegedly misleading the public and investors about its efforts to diversify its board has failed to show that the company didn't consider diverse candidates, Delaware's Court of Chancery said Thursday, dismissing the shareholder's case.

  • May 09, 2024

    Acting Labor Sec. Urges Senate Panel To Back DOL Funding

    Acting Labor Secretary Julie Su on Thursday defended President Joe Biden's U.S. Department of Labor budget, telling a Senate panel that such funding is necessary to recover workers' stolen wages and fight unlawful child labor, among other priorities.

  • May 09, 2024

    Nike Denied Nursing Workers Lactation Spaces, Suit Says

    Nike failed to provide nursing employees with adequate breaks or spaces to express breast milk and told a manager that she was setting a bad example for her team when she asked to pump milk outside of her scheduled breaks, a lawsuit filed in Los Angeles County superior court said.

  • May 09, 2024

    'You Have To Engage,' Judge Tells Attys In Damages Debate

    A Georgia federal judge on Thursday chided attorneys for a man hoping to beat back a challenge to a $3.4 million discrimination verdict he won last year, saying that they needed to put a little more sweat equity into their filings if they hoped to keep their hefty judgment whole.

  • May 09, 2024

    IBM Unit Fired White Man To Meet Diversity Quotas, Suit Says

    A white male employee said software company Red Hat fired him to make room for more women and people of color in its workforce after it announced diversity quotas that he had vocally opposed, according to a suit filed in Idaho federal court.

  • May 09, 2024

    NYC Denies IVF Coverage To Gay Male Workers, Court Told

    New York City unlawfully discriminates against gay male employees by refusing to cover in vitro fertilization under its healthcare plan while providing heterosexual and lesbian workers with those benefits, according to a proposed class action filed Thursday in federal court.

  • May 08, 2024

    Texas Univ. Says Rules, Not Sex Bias, Behind Coach Firing

    The University of Texas Rio Grande Valley pushed back Wednesday against a former assistant tennis coach who accused the school of firing her because of her sexual orientation, arguing that she was dismissed for violating its policy while traveling for a tournament.

  • May 08, 2024

    EEOC Atty Highlights Top PWFA Compliance Challenges

    U.S. Equal Employment Opportunity Commission legal counsel Carol Miaskoff gave her take Wednesday on some notable compliance challenges the Pregnant Workers Fairness Act will pose for employers, pointing to areas where numerous laws may overlap and the requirement that workers core tasks could be paused.

  • May 08, 2024

    EEOC's Lucas Says Worker Groups Can Be A DEI 'Blind Spot'

    Workplace groups, even purely social ones, that restrict membership based on race or sex may be on shaky legal ground in the wake of a recent U.S. Supreme Court ruling, U.S. Equal Employment Opportunity Commission member Andrea Lucas suggested Wednesday.

  • May 08, 2024

    Duke Doctor Partially Resuscitates NC Firing Suit

    The North Carolina state appeals court has partially revived a fired Duke University hospital resident's lawsuit alleging that health care system officials terminated him because of his depression after an inadequate firing-review process that violated an employment contract.

  • May 08, 2024

    Maintenance Co. Can't Dodge Fired Black Worker's Bias Suit

    A Louisiana federal judge declined Wednesday to toss a Black maintenance worker's suit claiming bogus concerns about his performance got him fired, ruling his allegation that a white supervisor called him a racial slur showed that bias might have been in play.

  • May 08, 2024

    8th Circ. Grapples With What Triggers An EFAA 'Dispute'

    The Eighth Circuit seemed skeptical Wednesday of Chipotle's argument that the date of a worker's alleged sexual assault is the linchpin for determining whether a law limiting mandatory arbitration shields her lawsuit, but receptive to the notion that a "dispute" could have occurred before she filed the case in court.

  • 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.

Expert Analysis

  • Tips For Defending Employee Plaintiff Depositions

    Excerpt from Practical Guidance
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    A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

  • Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with DS Smith's Josh Burnette about how the show "Dahmer – Monster: The Jeffrey Dahmer Story" provides an extreme example of the perils of ignoring repeat complaints — a lesson employers could apply in the whistleblower context.

  • Job Reassignment Case Shows Need For Clear ADA Policies

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    The Fifth Circuit's recent holding in U.S. Equal Employment Opportunity Commission v. Methodist Hospitals that a disabled employee was not entitled to a job reassignment as a reasonable accommodation underscores the importance of implementing detailed Americans with Disabilities Act policies and educating employees on them, says Marcellus Chamberlain at Phelps Dunbar.

  • 10 Ways NYC AI Discrimination Rules May Affect Employers

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    Continuing the most comprehensive effort to regulate employers' use of artificial intelligence technology in the United States, New York City's recent rules to implement Local Law 144 make a number of noteworthy changes that may restrict companies from using automated employment decision tools, say attorneys at Gibson Dunn.

  • AI For Advancing Diversity In The Workplace: Friend Or Foe?

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    In the wake of calls for increased workplace diversity, employers are turning to artificial intelligence to automate hiring and cut costs to reach environmental, social and governance objectives, but this technology requires human oversight to minimize biases and discrimination, say Consuela Pinto and Dawn Siler-Nixon at FordHarrison.

  • Handbook Hot Topics: Attendance Policies

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    Employee attendance problems are among the most common reasons for disciplinary action and discharge, which is why a clear policy neatly laid out in an employee handbook is necessary to articulate expectations for workers and support an employer's position should any attendance-related disputes arise, says Kara Shea at Butler Snow.

  • What Employers Should Know About Proposed Calif. AI Regs

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    Recently proposed California regulations aim to hold employers and agencies liable for disparate treatment arising from automated-decision systems, and there are five things employers should look out for, say attorneys at Gibson Dunn.

  • Beware The Legal Risks Of Personality Tests In Hiring

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    The rise of remote work has led employers to increasingly use personality tests to evaluate candidates, but hiring teams must exercise caution to avoid liability, as such tests may be discriminatory, or in violation of certain civil rights, state or local laws, says Daniel Schwartz at Shipman & Goodwin.

  • New Ruling Shows Benefits Of HR-Only Harassment Policies

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    By recently ruling that Penguin Random House did not unlawfully retaliate by demoting a supervisor who failed to promptly report sexual harassment allegations to human resources, the Seventh Circuit provides welcome support to companies that want managers to go straight to HR instead of investigating employee complaints on their own, says Robin Shea at Constangy Brooks.

  • Reproductive Rights Ruling May Thwart Employee Protections

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    The Second Circuit's recent decision in Slattery v. Hochul — greenlighting an anti-abortion group's case against a New York law prohibiting employee discrimination related to reproductive choices — could mean trouble for certain worker statutory protections, say Grayson Moronta and Courtney Stieber at Seyfarth.

  • Calif. FCRA Ruling Boosts Technical Claim Defense

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    The California Supreme Court's recent decision to let a state appeals court's Limon v. Circle K Store opinion stand will bolster Fair Credit Reporting Act defendants' ability to assert lack of standing against technical claims in cases where plaintiffs haven't suffered concrete harm, say attorneys at Troutman Pepper.

  • Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.

  • What The 3rd McD's Ruling Means For Claims Against Officers

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    The Delaware Chancery Court's third decision in the McDonald's stockholder litigation related to sexual harassment at the company indicates that plaintiff stockholders bringing Caremark claims against officers are not likely to be successful if the board acted properly, say attorneys at Fried Frank.