Discrimination

  • July 15, 2024

    Amazon Shouldn't Have To Face Retaliation Suit, Judge Says

    Amazon Web Services shouldn't have to face a suit from a former recruiter who claims she was fired for complaining that a supervisor made disparaging comments about older people and Hispanic workers, a Texas federal judge said, finding poor performance cost her the job, not retribution.

  • July 15, 2024

    Veteran Employment Litigator Jumps From Kasowitz To Akin

    A veteran employment litigator has joined Akin Gump Strauss Hauer & Feld LLP in New York after nearly 16 years at Kasowitz Benson Torres LLP.

  • July 15, 2024

    EEOC Commissioner Sonderling To Depart Agency

    EEOC Commissioner Keith Sonderling announced Monday he will leave the agency in August when his term ends, wrapping up a seven-year tenure with the federal government to return to the private sector.

  • July 15, 2024

    Workday AI Hiring Bias Suit Cleared To Move Ahead

    A job candidate's discrimination case over Workday's artificial intelligence-powered hiring tools got the go-ahead to move into the fact-finding stage, as a California federal judge said it's plausible that employment bias laws could stretch to reach the software vendor.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Cuomo Beats Retaliation Claims In NY Trooper's Suit

    Former New York Gov. Andrew Cuomo defeated retaliation claims in a state trooper's lawsuit alleging she was sexually harassed while serving in Cuomo's security detail, after a federal judge said Friday that no employment relationship existed because Cuomo resigned months before his purported threat to seek prosecution of his alleged victims.

  • July 12, 2024

    Military's IVF Policy Defense Fails Post-Chevron, Group Says

    A nonprofit that's challenging the U.S. military's in vitro fertilization coverage policy for service members told a New York federal judge that federal agencies cannot claim they're entitled to Chevron deference in the wake of the U.S. Supreme Court's recent decision overturning the decades-old precedent.

  • July 12, 2024

    Texas Courts Block Protections For Transgender Students

    Two Texas federal judges have blocked the U.S. Department of Education from enforcing protections for transgender students in Lone Star State schools while lawsuits against the rules are litigated, with one judge saying the measures provide "extra privileges to the transgender student based on subjective feelings of discomfort."

  • July 12, 2024

    4 Law Firm Bias Cases To Watch In 2024's 2nd Half

    Jones Day and Foley & Lardner LLP are among the powerhouse law firms attempting to fend off accusations that they subjected lawyers to discrimination. Here, Law360 looks at four ongoing employment suits against law firms that are worth watching in the back half of 2024.

  • July 12, 2024

    Amazon Must Produce Docs In EEOC Pregnancy Bias Probe

    A New York federal judge ordered Amazon to cough up documents the U.S. Equal Employment Opportunity Commission requested as part of its investigation into allegations that the e-commerce giant systematically discriminates against pregnant workers, saying the information the agency seeks, despite its breadth, is relevant.

  • July 12, 2024

    Union Must Face Black Truck Driver's Race Bias Suit

    An Ohio federal judge refused to throw out a Black truck driver's suit against the International United Auto Workers, saying he put forward enough information to support his allegation that the union did a poor job of representing him when his employer fired him for his social media posts.

  • July 12, 2024

    Boston To Pay $1M To End Health Dept. Harassment Case

    A high-profile sexual harassment case against the city of Boston and its former health director settled for $1 million earlier this month, according to a copy of the agreement released Friday.

  • July 12, 2024

    8th Circ. Won't Grant Fired Army Staffer New Retaliation Trial

    The Eighth Circuit declined Friday to overrule a lower court's order denying a former U.S. Army supply specialist a new trial in her retaliation suit alleging she was fired for reporting that she was sexually harassed, finding that she didn't follow court rules when filing her appeal.

  • July 12, 2024

    Ex-Quantix Worker Sues Abbott Labs Over Drug Test Firing

    A former employee of Quantix SCS LLC is suing the company, Abbott Laboratories Inc. and two other drug testing companies, saying he was wrongly fired after testing positive for THC and the companies did not consider that it could have resulted from his use of legal CBD products.

  • July 12, 2024

    'Bias Interrupters' Help Employer DEI Goals, New Study Finds

    Traditional workplace bias training is not as effective as an evidence-based model that works to prevent discrimination through changes to practices such as hiring, performance evaluations and promotions, according to a new study.

  • July 12, 2024

    7 Gender-Affirming Care Cases To Watch In 2024's 2nd Half

    The U.S. Supreme Court has agreed to review a constitutional challenge by the federal government to Tennessee's ban on gender-affirming care for minors, while other appeals courts are weighing the constitutionality of states' and employers' restrictions on gender dysphoria treatment. Here are seven cases involving gender-affirming care access that attorneys will be tracking in the second half of the year.

  • July 12, 2024

    Black Educator Can't Revive Race Retaliation Suit At 11th Circ.

    The Eleventh Circuit rejected a Black educator's bid to revive her retaliation suit claiming her school board declined to renew her contract because she complained that an assistant principal racially harassed her, ruling that she failed to overcome concerns about her habitual tardiness.

  • July 12, 2024

    Calif. Forecast: Language Co. Could Pay $4M In Wage Deal

    In the coming week, attorneys should watch for the potential initial sign-off on a nearly $4 million settlement to resolve a proposed wage and hour class and collective action against language interpretation company Language Line Services Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • July 12, 2024

    Former Colorado Court Workers Settle Sexism Claims

    The Colorado State Courts Administrator's Office said in a joint notice that it has settled a lawsuit in Denver District Court with two former workers who said they were laid off as part of a broader pattern of gender discrimination against female employees.

  • July 11, 2024

    Judge Won't Permit Florida's Trans Care Ban Pending Appeal

    A federal judge denied Florida's request Thursday to pause a court order blocking a state law that bans or restricts gender-affirming care for transgender minors and adults while it challenges the ruling at the Eleventh Circuit, finding the state hasn't shown it would be harmed by the law's stagnation.

  • July 11, 2024

    Wash. Pay Transparency Suits Are Making Progress In Court

    Lawsuits filed by job seekers following the enactment of Washington state's unique pay transparency law are lurching forward, and experts say the suits' journeys to the plaintiff-friendly venue of state court and a $3.8 million class action settlement highlight some key takeaways from this type of litigation.

  • July 11, 2024

    4 Big Gender-Affirming Care Decisions From 2024's 1st Half

    The U.S. Supreme Court allowed an Idaho law banning gender-affirming care for minors to become effective, the Eleventh Circuit upheld a trial court win for a transgender public safety employee in a healthcare discrimination suit and a Florida federal judge blocked as unconstitutional a state law restricting gender-affirming care for minors and adults.

  • July 11, 2024

    9th Circ. Signals Dr.'s Vax-Refusal Case Deserves New Chance

    Ninth Circuit judges signaled Thursday that they were likely to revive a doctor's case claiming he was wrongfully fired from his Washington State University residency for refusing to get a COVID-19 vaccination, with two judges questioning if the school went far enough to accommodate his religious beliefs.

  • July 11, 2024

    NFL Arbitration Clause Is Still No Good, Flores Tells 2nd Circ.

    Former Miami Dolphins head coach Brian Flores implored the Second Circuit to keep his racial discrimination suit against the NFL out of arbitration Thursday, telling the court that the closed-door process is "highly oppressive" and tramples over federal law.

  • July 11, 2024

    NLRB Defends Its Home Depot 'BLM' Decision At 8th Circ.

    The National Labor Relations Board on Thursday urged the Eighth Circuit to affirm a ruling that Home Depot illegally pushed out a worker who refused to remove the letters "BLM" from their apron, saying federal labor law protected the worker's protest because it echoed other discrimination complaints.

Expert Analysis

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • 5 Steps For Gov't Contractor Affirmative Action Verification

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    As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.

  • New OSHA Memo Helps Clarify Recordkeeping Compliance

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    Based on recent Occupational Safety and Health Administration guidance on whether musculoskeletal disorders are recordable injuries under the agency's recordkeeping regulation, it appears that OSHA may target active release techniques and stretching programs during its inspections, say attorneys at Morgan Lewis.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

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    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • 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.