Discrimination

  • April 09, 2024

    Excuses 'Twisted' To Transgender Prof, Solid To Kent State

    Kent State University "twisted itself into knots" to justify its alleged discrimination, a transgender professor has told an Ohio federal court, as the school in turn claimed the scholar was denied a promotion for bad-mouthing colleagues online. 

  • April 09, 2024

    Worker-Side Attys Urge Justices To Review ADA Circuit Split

    Two worker-side attorney organizations told the U.S. Supreme Court on Tuesday it should review an Eleventh Circuit decision finding only current employees can lodge disability discrimination lawsuits related to post-employment benefits, arguing the appeals court deepened a circuit split harming both workers and employers.

  • April 09, 2024

    4 Questions About California's 'Right To Disconnect' Bill

    A newly amended bill in California would give employees a legal right to ignore after-hours work communications, though Golden State employment lawyers on both sides of the bar said the bill would likely need more changes in order to have its desired impact. Here are four open questions attorneys have about the legislation.

  • April 09, 2024

    Judge Clarifies Scope Of EEOC Trans Care Coverage Ban

    A North Dakota federal judge clarified an injunction Tuesday that blocks the U.S. Equal Employment Opportunity Commission from requiring a Christian business group's members to provide gender transition-related healthcare coverage, finding the agency won't be penalized if it goes after one of the group's members unknowingly.

  • April 09, 2024

    Olive Garden Strikes Deal To End EEOC Disability Bias Suit

    Olive Garden will pay $30,000 to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of refusing to hire a busser because he used a cane, according to an order filed Tuesday in Pennsylvania federal court.

  • April 09, 2024

    2nd Circ. Seems Ready To Reboot Worker's Retaliation Claims

    A Second Circuit panel on Tuesday appeared skeptical of a trial court's decision to jettison retaliation claims from a former dental hygienist's sexual harassment lawsuit before it went to trial twice, signaling the pitched legal battle may be soon teed up for a third go-round.

  • April 09, 2024

    Ex-Fox News Anchor Continues Fighting Forced Arbitration

    Gretchen Carlson, a former Fox News anchor and a leading advocate for ending forced arbitration after suing Fox News' former chair and CEO over sexual harassment allegations, told senators on Tuesday that more is needed to protect workers, particularly older ones, despite important legislation enacted two years ago.

  • April 09, 2024

    5th Circ. Backs VA's Defeat Of Worker's Sex Harassment Suit

    The Fifth Circuit won't revive a suit claiming a supervisor in the U.S. Department of Veterans Affairs' equal employment opportunity office sexually harassed a subordinate, saying the worker took too long to report the alleged misconduct and the VA took prompt action when she did speak up.

  • April 09, 2024

    Ex-UPS Worker's Race, Sex Bias Suit Gets Partial Go-Ahead

    A California federal judge declined to entirely toss a Black former UPS employee's race and pregnancy discrimination suit, saying she had evidence of "extreme and outrageous" racist comments to back up her race bias claims but not enough proof to support her sex-based pay and pregnancy discrimination allegations.

  • April 09, 2024

    Delta Ends Flight Attendant's Domestic Violence Bias Suit

    Delta has agreed to resolve a former flight attendant's New York federal court suit alleging she was fired after the airline determined she needed to undergo a psychiatric evaluation when she complained that her husband, a Delta pilot, repeatedly raped her.

  • April 08, 2024

    Sex Life Had No Place In Sex Harassment Trial, 9th Circ. Told

    An ex-Behemoth worker asked the Ninth Circuit on Monday to order a new trial after a jury rejected his sexual harassment and hostile work environment suit against the video game company, arguing the district court erroneously allowed jurors to hear about his sex life and vulgar speech.

  • April 08, 2024

    Red Robin Reaches $600K Deal To End EEOC Claims In Wash.

    Red Robin has agreed to pay $600,000 and bolster its anti-sexual harassment policies to end a U.S. Equal Employment Opportunity Commission lawsuit alleging a line cook in Washington state retaliated against female co-workers for objecting to his offensive comments, according to a proposed consent decree filed in federal court in Seattle.

  • April 08, 2024

    7th Circ. Nixes Ex-Mail Carrier's Retaliation Suit

    The Seventh Circuit refused to revive a former mail carrier's lawsuit alleging she was barred from working because she asked for time off to prepare a discrimination complaint, finding Monday the worker was sent home based on medical restrictions stemming from a back injury.

  • April 08, 2024

    High Court Creating DEI Headwinds, Colo. AG Says

    Colorado Attorney General Phil Weiser said Monday that the state's major losses last year in cases involving gay rights and prosecuting threatening speech were part of what he views as a trend at the U.S. Supreme Court of hampering efforts to increase diversity, equity and inclusion.

  • April 08, 2024

    Workers Oppose X Corp.'s Bid To Stall $500M Severance Suit

    Two workers asked a California federal court to deny a request from X, formerly Twitter, to pause discovery in their suit alleging it stiffed employees on $500 million in severance pay when it conducted mass layoffs following Elon Musk's takeover, saying the move will create unnecessary delay.

  • April 08, 2024

    Drexel Didn't Accommodate Exec's Disability, Suit Claims

    Drexel University was accused Monday of discrimination by an administrator, who claimed its chief operating officer refused her request to meet one-on-one ahead of a group meeting with a subordinate and that the group meeting be held via telephone instead of video.

  • April 08, 2024

    Staffing Co. To Pay $2.2M To Settle EEOC Hiring Bias Suit

    A staffing agency will pay $2.2 million to end a U.S. Equal Employment Opportunity Commission suit alleging the employer worked with a laundry facility to illegally exclude Black people and those with disabilities from jobs and to hire men and women only for gendered roles.

  • April 08, 2024

    Ex-USPS Worker Can Proceed With Disability Suit

    An Illinois federal judge refused to toss an ex-worker's lawsuit against the U.S. Postal Service, saying she had enough evidence to get her claim that she was denied overtime because of a wrist injury before a jury, but failed to show that age discrimination was at play.

  • April 08, 2024

    McMahon Sells Millions More In TKO Stock Amid Abuse Suit

    WWE's disgraced founder Vince McMahon, who was recently accused of trafficking a former employee, continues to loosen his grip on the wrestling company he founded, most recently selling $311 million worth of stock in WWE's parent, according to a Monday securities filing.

  • April 08, 2024

    Worker Says UAW Race Bias Ruling Flouts 7th Circ. Order

    A former GM worker told the Seventh Circuit it should intervene in his suit alleging his United Auto Workers local withdrew a grievance over his termination without telling him because he's Black, arguing a trial court judge ignored the appeals court's previous instructions when ending the suit.

  • April 08, 2024

    Black Worker's Bias Suit Against VA Lacks Proof, Judge Says

    A Missouri federal judge tossed a black worker's suit Monday claiming the U.S. Department of Veterans Affairs subjected him to a racially hostile work environment and suspended him for complaining about it, ruling he didn't put forward proof that bias drove the agency's decision making.

  • April 08, 2024

    NLRB Judge Says Racism Accusation Protected By Labor Law

    A school-choice nonprofit must offer to reinstate an employee who was fired after telling co-workers she believed her supervisor was racist, a National Labor Relations Board judge ruled, reconsidering the case after the board used the dispute to hold federal labor law protects worker advocacy for nonemployees.

  • April 08, 2024

    Seyfarth Bolsters Dallas Shop With Hunton Employment Ace

    Seyfarth Shaw LLP has expanded the labor and employment department in its Dallas office after opening the office late last year, bringing on a former longtime Hunton Andrews Kurth LLP partner to serve as its founding L&E partner in the North Texas city, the firm announced on Monday.

  • April 08, 2024

    Doctors Say MSU Vax Mandate Suit Needs High Court Review

    Three doctors urged the U.S. Supreme Court to take up a case challenging Michigan State University's vaccine mandate after the Sixth Circuit backed the suit's dismissal, arguing that the circuit court should have applied a stricter standard when considering whether the government could interfere with patients' medical decisions.

  • April 08, 2024

    Denver Sheriff Favored Women For Promotion, Suit Says

    The Denver sheriff's department promoted three women between 2019 and 2021 while skipping over a more qualified sergeant and his colleague because of a self-imposed quota for female officers, according to a complaint filed in Colorado federal court.

Expert Analysis

  • 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.

  • In Focus At The EEOC: Protecting Vulnerable Workers

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    It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.

  • 4 Steps To Navigating Employee Dementia With Care

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    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Compliance Tips For Employers Facing An Aggressive EEOC

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    This year, the combination of an aggressive U.S. Equal Employment Opportunity Commission, a renewed focus on large-scale recruiting and hiring claims, and the injection of the complicated landscape of AI in the workplace means employers should be prepared to defend, among other things, their use of technology during the hiring process, say attorneys at Seyfarth Shaw.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • EEO-1 Ruling May Affect Other Gov't Agency Disclosures

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    By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • In Focus At The EEOC: Preserving Legal System Access

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    The track records of and public commentary from U.S. Equal Employment Opportunity Commission leaders — including two recently confirmed Democratic appointees — can provide insight into how the agency may approach access to justice priorities, as identified in its latest strategic enforcement plan, says Aniko Schwarcz at Cohen Milstein.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • Vaccine Accommodation Suits Show Risk Of Blanket Policies

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    A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.