Discrimination

  • July 08, 2024

    K&L Gates Labor Atty Moves To Cozen O'Connor In Pittsburgh

    Cozen O'Connor expanded its Pittsburgh office this week with the addition of an attorney with nearly two decades of experience in labor and employment law, who moved his practice after more than five years with K&L Gates LLP.

  • July 08, 2024

    NFL Disputes Reporter's Racism, Retaliation Claims

    The NFL has pointedly denied allegations by journalist Jim Trotter that it ignored his concerns about discriminatory hiring and increased its focus on him and his work after he raised them, telling a New York federal judge Friday that it knew nothing of his interactions with supervisors about those concerns.

  • July 08, 2024

    Dollar General Settles EEOC Age Bias Suit Before Trial

    Dollar General has settled a U.S. Equal Employment Opportunity Commission suit alleging the discount store chain allowed a regional manager to harass older district managers, two weeks before the case was scheduled for trial, according to an Oklahoma federal court filing Monday.

  • July 08, 2024

    Hospital Must Face Ex-Worker's Religious Bias Suit

    An Oregon federal judge refused to release a hospital from a former employee's suit claiming she was fired because she objected to receiving a COVID-19 vaccine in light of her Christian beliefs, saying a jury is best suited to decide if there was bias when the company refused to accommodate her.

  • July 08, 2024

    EEOC Floats Plan To Reinstate Pay Data Collection

    The U.S. Equal Employment Opportunity Commission is working on reinstalling a shelved data collection initiative aimed at tackling pay inequity by surveying employers for salary details, according to the regulatory agenda of the administration of President Joe Biden.

  • July 05, 2024

    Armstrong Teasdale Resisted Diversity, Ex-DEI VP Says

    Armstrong Teasdale LLP's former vice president of diversity, equity and inclusion claims the law firm hired her to help it cultivate a more diverse workplace, but then blocked her attempts to make recommendations and improvements before wrongly firing her, according to a lawsuit recently filed in Missouri state court.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    Judge Should Have Been Disqualified From Case, Panel Said

    A Washington appeals court panel said a trial judge should have been disqualified over bias concerns raised by metro Seattle's bus agency in a worker discrimination case, according to an opinion that said the judge's order allowing an amended complaint was not a discretionary ruling in the case that would have forbid disqualification.

  • July 05, 2024

    8th Circ. Rejects 3M Vax Mandate Critic's Religious Bias Suit

    The Eighth Circuit upheld the dismissal Friday of a 3M worker's suit claiming he was harassed by the company to get immunized against COVID-19 in violation of his Christian beliefs, ruling that because he wasn't fired for opposing the since-repealed vaccine mandate, he can't support a bias case.

  • July 05, 2024

    5 Cases Against The EEOC To Watch In 2024's 2nd Half

    The U.S. Equal Employment Opportunity Commission finalized regulations governing the new Pregnant Workers Fairness Act and published long-anticipated guidance for combating workplace harassment this year, triggering lawsuits from Republican attorneys general and religious groups. Here's a look at a quintet of suits challenging those EEOC policy moves. 

  • July 05, 2024

    Tech Co. Wants To Undo $535K Retaliation Verdict

    A technology company on Wednesday asked a Georgia federal judge to overturn a jury's decision to award a Black worker $535,000 in damages after finding he was fired in retaliation for complaining that his supervisor discriminated against him and that he was denied a raise because of his race.

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

  • July 05, 2024

    NY Forecast: Judge Weighs Dismissal Of Service Fee Tip Suit

    A New York federal judge on Monday will consider a Long Island restaurant's bid to dismiss a worker's lawsuit claiming the restaurant violated federal and state law by retaining a service charge instead of dividing it among servers as it told customers.

  • July 03, 2024

    Muldrow Revives Worker's Pregnancy Bias Suit, 3rd Circ. Says

    The Third Circuit reinstated parts of a worker's suit claiming she was forced to resign from Pennsylvania's probation board because she was denied light duty and remote assignments to accommodate her pregnancy, stating Wednesday a recent high court ruling requires another look at her case.

  • July 03, 2024

    11th Circ. Backs Fla. Sheriff's Win Over Ex-Captain's Bias Suit

    The Eleventh Circuit refused Wednesday to reopen a lawsuit accusing a Florida sheriff of violating a captain's legal rights during an internal investigation and then firing her because she's a gay woman, finding no issue with a trial court's dismissal of the case.

  • July 03, 2024

    Red States Get ACA Trans Discrimination Rule Blocked

    Federal judges in Mississippi and Texas granted conservatives states' requests Wednesday to freeze a new rule protecting access to healthcare for the LGBTQ+ community, with both judges ruling that states are likely to succeed in showing that the U.S. Department of Health and Human Services overstepped when it created the regulations.

  • July 03, 2024

    AFSCME Sues Philadelphia Over Mandatory Return To Office

    American Federation of State, County and Municipal Employees affiliates accused the city of Philadelphia of violating labor contracts by not bargaining over the end to remote work, telling a state court that the city's move would impact around 2,900 workers in the bargaining unit.

  • July 03, 2024

    Judge Trims Retailer's Defenses In Long COVID EEOC Suit

    A Colorado federal judge struck several of an appliance retailer's affirmative defenses Wednesday in a U.S. Equal Employment Opportunity Commission lawsuit alleging it wrongfully terminated a worker who asked for more time off to deal with long COVID symptoms.

  • July 03, 2024

    Doctor Who Won $12M Assault Case Can't Revive USC Claims

    A female doctor who won a $12 million verdict against a male colleague over a sexual assault at a Los Angeles County hospital affiliated with USC's Keck School of Medicine can't revive sexual harassment claims against the university and the county, a California appellate court held.

  • July 03, 2024

    Job Hopeful's Lack Of Injury Sinks Wash. Pay Disclosure Suit

    A Washington federal judge tossed a job hopeful's suit claiming healthcare companies shirked state pay transparency laws by failing to disclose salary information in job postings, finding that the applicant didn't show he was actually harmed by the missing compensation figures.

Expert Analysis

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • 11th Circ. FMLA Ruling Deepens Divide Over Causation

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    The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.

  • Handling Neurodivergence As The Basis Of Disability Claims

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    Three recent discrimination claims in Rhode Island and New Jersey show how allegations of adverse treatment of neurodivergent individuals will continue to be tested in court, so employers should create an environment that welcomes the disclosure of such conditions, says Ting Cheung at Sanford Heisler.

  • Employers Should Take Surgeon's Sex Bias Suit As A Warning

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    A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Generative AI Adds Risk To Employee 'Self-Help' Discovery

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    Plaintiffs have long engaged in their own evidence gathering for claims against current or former employers, but as more companies implement generative AI tools, both the potential scope and the potential risks of such "self-help" discovery are rising quickly, says Nick Peterson at Wiley.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Employer Pointers As Wage And Hour AI Risks Emerge

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    Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.

  • Race Bias Defense Considerations After 11th Circ. Ruling

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    In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.

  • 6 Ways To Minimize Risk, Remain Respectful During Layoffs

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    With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.

  • NYC Workplace AI Regulation Has Been Largely Insignificant

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    Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • 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.