Discrimination

  • July 18, 2024

    Property Co. Settles Ex-Manager's Race Bias Suit

    A Black former apartment complex manager who accused her ex-employer of putting her in charge of a struggling development because of her race and then firing her for complaining about the situation told a Pennsylvania federal court that her claims had been settled.

  • July 17, 2024

    SF Vax-Mandate Case Will Go To New Jury After Partial Verdict

    A California federal jury considering claims that the San Francisco Bay Area Rapid Transit District discriminated against employees who sought religious exemptions from the train agency's COVID-19 mandate rendered a partial verdict Wednesday but hung on a key question, leaving the case unresolved and setting the stage for another trial.

  • July 17, 2024

    'Good Try': EEOC Can't Stop Tesla Talking To Putative Class

    A California federal judge Wednesday rejected the U.S. Equal Employment Opportunity Commission's bid to bar Tesla from speaking to all putative class members in its lawsuit alleging the carmaker allowed rampant racism to overtake a California factory, rejecting the request while telling its attorney, "Good try, though."

  • July 17, 2024

    NJ Casino Must Face Demoted Slots Director's Bias Suit

    A New Jersey appellate panel Wednesday restored a former Resorts Casino Hotel employee's disability discrimination and retaliation lawsuit, finding that it was unclear if he was disabled after he suffered severe burns in an explosion aboard his boat.

  • July 17, 2024

    Timken Fired Plant Manager Over DEI Push, Conn. Suit Says

    A former plant manager says in a Connecticut federal lawsuit that a division of Ohio-based roller bearing supplier Timken violated workplace free speech laws by firing him for citing his own multiracial family while discussing with colleagues his beliefs about the importance of diversity, equity and inclusion initiatives.

  • July 17, 2024

    Medical Info Co. Hit With NJ Sex Bias Claims By Ex-Director

    Medical education company VuMedi Inc. has been hit with a sex discrimination suit in New Jersey federal court by the company's former director of medical education, who alleged that her supervisor told her he did not have high expectations for her because she is a mother.

  • July 17, 2024

    Nexstar Aims To Ax Ex-Workers' Pride Memo Defamation Suits

    Nexstar Media Group moved Wednesday to dismiss two Michigan federal defamation lawsuits brought by television news managers who were fired after disseminating a memo urging reporters to tone down and balance Pride Month coverage, arguing that both suits lack proof that false and reckless statements were made.

  • July 17, 2024

    Nurse Says Flagging Unsafe Patient Care Got Her Fired

    A nursing home operator allowed managers to disparage female employees and neglect residents, ultimately firing a nursing director who expressed concerns regarding these incidents of "extreme malpractice and negligence," according to a complaint filed Wednesday in a New York state court.

  • July 17, 2024

    Gannett Axed Worker Over Visual Impairment, Suit Says

    A former content strategy analyst at Gannett was the only member of his department included in a 2022 round of layoffs because he's visually impaired and works from home — a violation of federal disability law, according to a complaint filed Wednesday in Florida federal court.

  • July 17, 2024

    9th Circ. Says Egypt Law Unsuited For Wash. Worker Case

    The Ninth Circuit said on Tuesday that Washington employment law applies to a worker's wrongful termination claims against Fivos Inc., stymieing the worker's attempt to apply Egyptian labor law because she had worked from the country.

  • July 17, 2024

    UMich Ducks Black Law Prof's Bias, Retaliation Suit

    A Michigan federal judge released the University of Michigan on Wednesday from a Black law professor's lawsuit accusing the school of harshly disciplining her after she complained about race discrimination, saying she failed to rebut the university's argument that she was punished because she threatened staff members.

  • July 17, 2024

    6th Circ. Skeptical About Nixing Diver's Harassment Verdict

    The Sixth Circuit appeared inclined Wednesday to uphold a $58,000 verdict awarded to a commercial diver who accused an environmental cleanup company of subjecting her to harassment and belittlement, with several judges expressing doubt about superseding the jury's conclusion. 

  • July 17, 2024

    After #MeToo, Report Suggests Judiciary Workplace Reforms

    A report released on Wednesday makes 34 suggested reforms for the federal judiciary to better protect its approximately 30,000 employees, including clerks, building off changes made following the #MeToo movement.

  • July 17, 2024

    Ex-SAP Sales Rep Says It Thwarted His Commission Over Age

    SAP America Inc. canned a software sales representative in his 60s just as he was about to land a million-dollar deal in order to hand off the sale to a younger woman on his team, according to an age discrimination suit filed against the company in Pennsylvania federal court.

  • July 17, 2024

    ADA Can't Shield Worker From Failed Drug Test, Co. Says

    A chemical transportation company urged a South Carolina federal court to toss a former lift operator's lawsuit alleging he was fired for taking legal CBD because of cysts on his brain and spinal cord, arguing disability law doesn't protect workers from positive drug tests for THC.

  • July 17, 2024

    IHOP Owner Strikes Deal To Exit EEOC Religious Bias Suit

    An IHOP restaurant agreed to pay $40,000 to resolve a suit from the U.S. Equal Employment Opportunity Commission accusing the business of firing a Christian cook because he asked to take Sundays off to attend church, a filing in North Carolina federal court said.

  • July 16, 2024

    Marathon Beats Ex-Worker's Gender Discrimination Case

    A Colorado federal judge has dismissed a lawsuit brought by a former Marathon Petroleum human resources supervisor who claimed she was forced out for inappropriate behavior while male coworkers got a free pass, finding that the supervisor's conduct was worse than the male colleague who she claimed received preferential treatment.

  • July 16, 2024

    Retailer Stood By While Clerk Harassed Women, EEOC Says

    Superstore chain Fred Meyer Stores Inc. failed to stop a male sales clerk from repeatedly harassing, leering at and stalking women he worked with despite numerous complaints, the U.S. Equal Employment Opportunity Commission told a federal court in Washington state Tuesday.

  • July 16, 2024

    7th Circ. Backs Manufacturer Win In Worker's Retaliation Suit

    The Seventh Circuit declined Tuesday to reinstate a lawsuit from a Black worker accusing a manufacturing company of firing him in retaliation for complaining about race discrimination with his union, saying there's no error in the lower court's decision despite it relying on his former plant manager's flubbed testimony.

  • July 16, 2024

    Ex-NBA Ref Must Show Psychologist Comms In COVID-19 Suit

    A former NBA referee must turn over records between his psychologist and his counsel to demonstrate whether the league's COVID-19 vaccination policies had the debilitating effect on his psyche that he claims in a lawsuit, a New York federal judge has ruled.

  • July 16, 2024

    Dollar General Strikes $295K Deal To End EEOC Age Bias Suit

    Dollar General has agreed to hand over $295,000 to close a U.S. Equal Employment Opportunity Commission age bias suit alleging a regional manager told older district managers he wanted to replace them with younger employees, according to an Oklahoma federal court filing Tuesday.

  • July 16, 2024

    Ex-County Exec Wants Firm Kicked Off NJ Discrimination Suit

    A former New Jersey county health director who claims his termination was retaliatory wants the firm representing the county disqualified, arguing Testa Heck Testa & White PA is conflicted due to interactions he had with two of the firm's attorneys before and during his termination meeting.

  • July 16, 2024

    EEOC Backs Ex-Uber Driver's Bid To Revive Race Bias Suit

    The U.S. Equal Employment Opportunity Commission urged the Ninth Circuit to reconsider a former Uber driver's lawsuit claiming the ride-hailing giant's rating system is racially biased, arguing that a panel's June ruling flew in the face of federal civil rights law and U.S. Supreme Court precedent.

  • July 16, 2024

    Fisher Phillips Adds Employment Ace In Dallas From Ogletree

    Fisher Phillips announced Tuesday that it has upped the headcount at its new Dallas location with a partner who came aboard from Ogletree Deakins Nash Smoak & Stewart PC.

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

Expert Analysis

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • A Timeline Of Antisemitism Legislation And What It Means

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    What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.

  • Colo. Ruling Adopts 'Actual Discharge' Test For The First Time

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    After a Colorado court’s recent decision in Potts v. Gaia Children, adopting for the first time a test for evaluating an actual discharge claim, employers must diligently document the circumstances surrounding termination of employment, and exercise particular caution when texting employees, says Michael Laszlo at Clark Hill.

  • It's Time For Nationwide Race-Based Hair Protections

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    While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.

  • After Chevron: EEOC Status Quo Will Likely Continue

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    As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • What 2 Rulings On Standing Mean For DEI Litigation

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    Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • Top 5 Issues For Employers To Audit Midyear

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    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Tailoring Compliance Before AI Walks The Runway

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    Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.