Discrimination

  • May 28, 2024

    A Worker Advocate On Desegregating The Workforce

    Rebecca Dixon, a leader in workers' rights, said that major policy reforms like revising the Fair Labor Standards Act are needed to overcome the occupational segregation that characterizes today's workforce. Here, Dixon speaks to Law360 about the effects of occupational segregation and what needs to be done to address it.

  • May 28, 2024

    Nursing Co. Strikes Deal To End EEOC Misgendering Probe

    A Washington nursing facility has reached a deal with the U.S. Equal Employment Opportunity Commission to settle a charge from a worker who said the business sat idle while co-workers repeatedly and intentionally referred to them by the wrong pronouns.

  • May 28, 2024

    Workplace Civil Rights Suit Gets Full Mich. High Court Hearing

    The Michigan Supreme Court has agreed to again consider whether employers can use contracts to limit the ability of aggrieved workers to sue, after hearing mini oral arguments last year, though two justices said they would not have advanced the case. 

  • May 28, 2024

    Jury Says Chemical Co. Owes Fired Worker $400K In ADA Suit

    A South Carolina federal jury said a chemical company should pay a former worker $400,000 for violating the Americans with Disabilities Act by firing her after she took time off to treat a painful foot condition.

  • May 28, 2024

    Littler Brings On Ogletree Pay Equity Leader In NYC

    Employment and labor law giant Littler Mendelson PC announced Tuesday that it has grown its New York team with the addition of a pay transparency law expert and former pay equity practice group co-chair at Ogletree Deakins Nash Smoak & Stewart PC.

  • May 28, 2024

    11th Circ. Revives Ex-Legal Process Worker's Retaliation Suit

    The Eleventh Circuit reopened a former legal services company employee's lawsuit claiming her boss defaced her car because she complained that a Black colleague wasn't assigning work to white process servers, ruling a trial court used the wrong standard to evaluate her retaliation claims.

  • May 28, 2024

    Boston Red Sox Settle Fired Worker's COVID Vax Bias Suit

    The Boston Red Sox settled a suit from a former worker who said she was fired after refusing the COVID-19 vaccine because it conflicted with her Roman Catholic beliefs, according to a filing Tuesday in Florida federal court.

  • May 24, 2024

    NJ Panel Won't Revive Atty's Turnpike Authority Harassment Suit

    A New Jersey state appeals court panel stood by an attorney's loss Friday in his suit claiming the New Jersey Turnpike Authority and its officials held him back from promotions and raises and harassed him based on his military service in the U.S. National Guard.

  • May 24, 2024

    House Lawmakers Want New Hearing With FDIC's Gruenberg

    Federal Deposit Insurance Corp. Chair Martin Gruenberg is scheduled to appear before the U.S. House Financial Services Committee to answer questions about the damning findings of a probe of the FDIC's workplace culture.

  • May 24, 2024

    EEOC Asks DC Circ. To Revive Bias Case Against Union

    A Washington, D.C., federal judge erred by saying a government employee's discrimination suit against her union was essentially an unfair representation suit that belonged before the Federal Labor Relations Authority, the U.S. Equal Employment Opportunity Commission told the D.C. Circuit on Friday, saying the case belongs in court.

  • May 24, 2024

    Food Co. Neglects Workers' Demographic Data, EEOC Says

    The U.S. Equal Employment Opportunity Commission said a New Jersey food service distributor failed to collect demographic data about its workforce for several years in a row, telling a New Jersey federal court that civil rights law requires the company to file the reports.

  • May 24, 2024

    8th Circ. Revives Ex-Mayo Clinic Workers' COVID Vax Suits

    The Eighth Circuit on Friday reinstated five workers' claims that the Mayo Clinic illegally disregarded their Christian faith by firing them after they refused to get vaccinated against COVID-19 or undergo regular testing, saying a trial court was wrong when it found the workers weren't sincere enough in their beliefs.

  • May 24, 2024

    High Court Ruling Puts Transfer Bias Suit Back On Track

    The Eleventh Circuit on Friday reopened a Black former guidance counselor's lawsuit alleging an Alabama school district forced her into a less prestigious job while letting white colleagues keep their positions, saying a trial court should reconsider tossing the suit based on a recent U.S. Supreme Court ruling.

  • May 24, 2024

    Instant Messages Sink Early Win Bid In BlueCross Vax Case

    A data scientist was denied her request for summary judgment Friday in her lawsuit alleging BlueCross BlueShield of Tennessee wrongly fired her for not getting vaccinated against COVID-19 due to religious objections, after a relative's instant messages cast doubt on the sincerity of her beliefs.

  • May 24, 2024

    NY Forecast: School Pushes To Arbitrate Retaliation Case

    On Thursday, a federal judge will consider a Buffalo, New York, Catholic school's bid to compel arbitration of claims brought by a former president who says she was retaliated against after she uncovered financial and academic issues at the school.

  • May 24, 2024

    Applicants Lack Fed. Standing For Wash. Pay Range Lawsuit

    A Washington federal judge sent back to state court a lawsuit alleging an employer violated a new state requirement to include pay ranges in job advertisements, finding that a job listing without pay information does not harm job applicants enough to justify a federal lawsuit.

  • May 24, 2024

    Fla. Agency Urges High Court To Scrutinize Race Bias Loss

    The Florida Department of Juvenile Justice asked the U.S. Supreme Court to hear its challenge to a Black former employee's win in her race bias lawsuit, saying justices need to clarify whether lower courts can diverge from the typical framework when ruling on summary judgment motions.

  • May 24, 2024

    Weinstein Atty Trying To Chill Retrial Testimony, DA Says

    The Manhattan District Attorney's Office has argued that a lawyer for Harvey Weinstein violated ethics rules by publicly accusing one of the movie mogul's alleged rape victims of perjury in an "obvious" attempt to dissuade her from testifying again at an upcoming retrial.

  • May 24, 2024

    EEOC Weekly Recap: Burrows Flags 'Attacks' On DEI

    U.S. Equal Employment Opportunity Commission Chair Charlotte Burrows urged people to stand up against threats to anti-discrimination efforts during a New York University School of Law conference, and the agency reached settlement agreements to wrap up bias and retaliation claims. Here's a look back at what happened at the EEOC last week.

  • May 24, 2024

    CBS Says 1st Amendment Dooms White Writer's Bias Suit

    CBS said a California federal judge should toss a straight white male worker's bias suit claiming he was passed over for writer roles in favor of more diverse candidates, arguing that the First Amendment allows it to tap writers based on their identity as a storytelling operation.

  • May 24, 2024

    Calif. Forecast: Del Monte Workers Seek $2M Deal Approval

    In the coming week, attorneys should watch for the potential final approval of a $2 million deal in a wage and hour class action by Del Monte Foods Inc. plant workers. Here's a look at that case and other labor and employment matters on deck in California.

  • May 23, 2024

    DLA Piper Must Share Prior Pregnancy Bias Claims With Court

    A New York federal magistrate judge on Wednesday ordered DLA Piper to let her privately review previous pregnancy discrimination complaints against it as part of discovery in a former attorney's suit, an order that comes after the firm argued the burden of sharing them "far outweighs its likely benefit."

  • May 23, 2024

    Wash. DOT Cuts Deal To Exit EEOC Disability Bias Probe

    The Washington State Department of Transportation will pay $57,577 to put an end to the U.S. Equal Employment Opportunity Commission's investigation into a former worker's claim that he was fired after disclosing he has a disability, the federal bias watchdog announced Thursday. 

  • May 23, 2024

    Novartis Settles Ex-Saleswoman's Gender Pay Bias Suit

    Pharmaceutical giant Novartis and a former sales representative have agreed to end a suit alleging she was paid over $20,000 less than a male colleague pitching the same product, according to filings in Colorado federal court.

  • May 23, 2024

    NC Fintech Atty Sues Paymentus For Gender, Age Bias

    A former senior corporate counsel for cloud-based billing company Paymentus Corp. has slapped her former employer with a $100,000 age and gender discrimination suit in North Carolina federal court, saying she was paid less than her male colleagues and eventually fired for complaining, only to be replaced by a much younger male attorney.

Expert Analysis

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • Navigating Title VII Compliance And Litigation Post-Muldrow

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    The U.S. Supreme Court’s recent ruling in Muldrow v. St. Louis has broadened the scope of Title VII litigation, meaning employers must reassess their practices to ensure compliance across jurisdictions and conduct more detailed factual analyses to defend against claims effectively, say Robert Pepple and Christopher Stevens at Nixon Peabody.

  • Why Employers Shouldn't Overreact To Protest Activities

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    Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.

  • Best Practices To Accommodate Workplace Service Animals

    Excerpt from Practical Guidance
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    Since the U.S. Equal Employment Opportunity Commission recently pledged to enforce accommodations for people with intellectual, developmental and mental health-related disabilities, companies should use an interactive process to properly respond when employees ask about bringing service animals into the workplace, say Samuel Lillard and Jantzen Mace at Ogletree.

  • Kansas Workers' Comp. Updates Can Benefit Labor, Business

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    While the most significant shake-up from the April amendment to the Kansas Workers Compensation Act will likely be the increase in potential lifetime payouts for workers totally disabled on the job, other changes that streamline the hearing process will benefit both employees and companies, says Weston Mills at Gilson Daub.

  • Fostering Employee Retention Amid Shaky DEI Landscape

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    Ongoing challenges to the legality of corporate diversity, equity and inclusion programs are complicating efforts to use DEI as an employee retention tool, but with the right strategic approach employers can continue to recruit and retain diverse talent — even after the FTC’s ban on noncompetes, says Ally Coll at the Purple Method.

  • Justices' Title VII Ruling Requires Greater Employer Vigilance

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    The U.S. Supreme Court’s recent Muldrow v. St. Louis ruling expands the types of employment decisions that can be challenged under Title VII, so employers will need to carefully review decisions that affect a term, condition or privilege of employment, say attorneys at Morgan Lewis.

  • 6th Circ. Bias Ruling Shows Job Evaluations Are Key Defense

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    In Wehrly v. Allstate, the Sixth Circuit recently declined to revive a terminated employee’s federal and state religious discrimination and retaliation claims, illustrating that an employer’s strongest defense in such cases is a documented employment evaluation history that justifies an adverse action, says Michael Luchsinger at Segal Mccambridge.

  • Navigating Harassment Complaints From Trans Employees

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    The Eleventh Circuit's recent decision in Copeland v. Georgia Department of Corrections, concerning the harassment of a transgender employee, should serve as a cautionary tale for employers, but there are steps that companies can take to create a more inclusive workplace and mitigate the risks of claims from transgender and nonbinary employees, say Patricia Konopka and Ann Thomas at Stinson.

  • Employer Considerations Before Title IX Rule Goes Into Effect

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    While the U.S. Department of Education's final rule on Title IX is currently published as an unofficial version, institutions and counsel should take immediate action to ensure they are prepared for the new requirements, including protections for LGBTQ+ and pregnant students and employees, before it takes effect in August, say Jeffrey Weimer and Cori Smith at Reed Smith.

  • 5 Employer Actions Now Risky After Justices' Title VII Ruling

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    Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.