Discrimination

  • 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.

  • April 08, 2024

    Male Worker Says Female Colleague's Grudge Got Him Fired

    A financial services firm abruptly fired a sales producer without any investigation after a female colleague who wanted him gone made false accusations about him, the producer said in a suit filed in Texas federal court.

  • April 08, 2024

    Lloyd's Syndicates Fight Not To Cover US Nightclub Bias Suits

    Two insurance underwriting syndicates hit back at a London claim from an international hospitality group that wants to be indemnified for two putative class actions alleging sex discrimination against men and nonbinary people at a California nightclub.

  • April 05, 2024

    Sean Combs Named In Suit Alleging Yacht Sex Assault By Son

    Sean "Diddy" Combs and his son, Christian Combs, were sued Thursday in California state court by a woman alleging the younger Combs sexually assaulted her aboard a yacht while she was working as a stewardess, and that there is an audio recording of part of the incident.

  • April 05, 2024

    Texas Univ. Coach Says Sexual Orientation Led To Firing

    A University of Texas at Rio Grande Valley assistant tennis coach has accused the school in federal court of letting her go after a "sham investigation" because she is gay.

  • April 05, 2024

    NBC, Bravo Accused Of Racism By 'Vanderpump Rules' Alum

    "Vanderpump Rules" alumnus Faith Stowers sued NBC, Evolution Media and Bravo for discrimination and retaliation in California state court Friday, alleging she was threatened with legal action when she tried to speak up about the ill-treatment she suffered during taping, including racist slurs and having a knife brandished at her.

  • April 05, 2024

    Bostock Applies In Worker's Cisgender Bias Suit, Judge Says

    An adult entertainment store can't avoid a suit alleging it favored transgender employees and fired a cisgender male sales clerk for minor infractions, a Pennsylvania federal judge ruled, rejecting the retailer's argument that the U.S. Supreme Court's landmark Bostock decision didn't apply to the case.

  • April 05, 2024

    Ex-Fubo Producer Ends Paternity Leave Retaliation Suit

    FuboTV Inc. has resolved a lawsuit alleging the streaming company demoted and then fired a producer for taking 12 weeks of paternity leave while rewarding men who didn't take time off for a child's birth, the company and former employee told a New York federal court.

Expert Analysis

  • High Court's Old, Bad Stats Analysis Can Miss Discrimination

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    Courts and practitioners should reconsider a common statistical test for evidence of employment discrimination, created by the U.S. Supreme Court for its 1977 Castaneda and Hazelwood cases, because its “two or three standard deviations” criteria stems from a misunderstanding of statistical methods that can dramatically minimize the actual prevalence of discrimination, says Daniel Levy at Advanced Analytical Consulting Group.

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • In Focus At The EEOC: Emerging And Developing Issues

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    The U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan highlights how the agency will prioritize its limited resources over the next four years, and the most notable emerging issues include ensuring protections for pregnant workers and those dealing with long-term COVID-19 effects, says Jim Paretti at Littler.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • AI Isn't The Wild West, So Prepare Now For Bias Risks

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    In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.

  • AI's Baked-In Bias: What To Watch Out For

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    The federal AI executive order is a direct acknowledgment of the perils of inherent bias in artificial intelligence systems, and highlights the need for legal professionals to thoroughly vet AI systems, including data and sources, algorithms and AI training methods, and more, say Jonathan Hummel and Jonathan Talcott at Ballard Spahr.

  • 'Miss Manners' Scenarios Holds Job Accommodation Lessons

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    Robin Shea at Constangy looks at the potentially negative legal consequences for employers who follow some advice recently given in the Washington Post's "Miss Manners" column, and offers solutions of her own.

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

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    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

  • Handling Religious Objections To Abortion-Related Job Duties

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    While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.

  • Transgender Worker Rights: A Guide For California Employers

    Excerpt from Practical Guidance
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    California employers should know their obligations under overlapping state and federal law to protect the rights of their transgender, nonbinary and gender-nonconforming workers, and implement best practices to avoid discriminating in how they hire and promote, offer medical benefits to, and prevent harassment of these employees, says Michael Guasco at Littler.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

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    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • In Focus At The EEOC: Eliminating Recruiting, Hiring Barriers

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    While the recruiting and hiring segment of the U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan spotlights the potential discriminatory effects of artificial intelligence, employers should note that it also touches on traditional bias issues such as unlawfully targeted job advertisements and application inaccessibility, say Rachel See and Annette Tyman at Seyfarth.

  • A Look Into The Developing Regulation Of Employer AI

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    Although employers' use of artificial intelligence is still limited, legislators and companies have been ramping up their efforts to regulate its use in the workplace, with employers actively contributing to the ongoing debate, say Gerald Hathaway and Marc-Joseph Gansah at Faegre Drinker.