Discrimination

  • June 28, 2024

    Supreme Court Strikes Down Chevron Deference

    The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.

  • June 27, 2024

    Tesla Error Doomed Bid To Arbitrate Race Bias Suit, Court Says

    Tesla must face a Black ex-employee's claims of race discrimination in court, a California appeals court ruled Wednesday, affirming a lower court's finding that the electric vehicle maker lost its chance to arbitrate the claims after it failed to pay arbitration fees on time.

  • June 27, 2024

    Principal Accused Of Fraud Can't Revive Bias Suit At 6th Circ.

    The Sixth Circuit backed the dismissal Thursday of a white principal's suit claiming race bias and violations of free speech after she was placed on paid leave under a gag order following claims she helped a custodian commit wage fraud, ruling her case lacks enough detail to warrant revival.

  • June 27, 2024

    EEOC's Kotagal Says Worker-Side Attys 'Haven't Lost' On DEI

    The newest commissioner at the U.S. Equal Employment Opportunity Commission urged plaintiff-side employment lawyers at a conference Thursday to keep fighting for lawful diversity, equity, inclusion and accessibility initiatives, and data collection to ensure equal employment opportunities. 

  • June 27, 2024

    11th Circ. Upholds Radiology Practice's FMLA Suit Win

    The Eleventh Circuit on Thursday backed a Florida radiology practice's defeat of a doctor's lawsuit alleging he was fired because he requested medical leave, ruling a lower court didn't err when it blocked him from presenting evidence he hadn't previously disclosed.

  • June 27, 2024

    5 New Pay Transparency Laws With Effective Dates To Watch

    The trend toward pay transparency continued this year, as states and cities made legislative changes to narrow the race and gender pay gap by requiring employers to share pay ranges for available jobs. Here are five laws with upcoming effective dates attorneys should keep an eye on.

  • June 27, 2024

    Ariz. Property Management Co. Hit With Age Bias Suit

    A former employee of a property management company claimed in Arizona federal court that she faced age discrimination on the job from the residents of an Arizona community for older people, and that the company did nothing about it.

  • June 27, 2024

    6th Circ. Backs Court Win In Black Ex-Worker's Race Bias Suit

    The Sixth Circuit declined Thursday to reinstate a lawsuit a former pretrial services investigator lodged against a Michigan circuit court accusing it of passing her over for a promotion because she's Black, saying her failure to show bias — not her poor interviewing skills — cost her the role.

  • June 27, 2024

    6th Circ. Dismisses Doctors' ACA Trans Healthcare Appeal

    The Sixth Circuit dismissed on Thursday an appeal from a group of doctors attempting to block the U.S. Department of Health and Human Services from enforcing prohibitions on gender-identity discrimination under the Affordable Care Act, finding subsequent agency action overruled the doctors' claims.

  • June 27, 2024

    Lewis Brisbois Adds Employment Atty In Nevada

    Lewis Brisbois Bisgaard & Smith LLP announced that a labor and employment attorney with more than 40 years of experience has joined the firm's Reno, Nevada, office as a partner.

  • June 27, 2024

    Union Pacific Dodges Black Engineer's Promotion Bias Suit

    An Illinois federal judge threw out a lawsuit by a longtime engineer accusing Union Pacific of passing him over for promotions because he's Black, saying he failed to rebut the railroad company's argument that it went with better-qualified applicants for the roles he sought.

  • June 27, 2024

    Staffing Nonprofits To Pay $325K To End EEOC Deaf Bias Suit

    Two Hawaii staffing nonprofits have agreed to pay $325,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging they refused to provide deaf employees with a sign language interpreter during staff meetings, according to a filing in federal court.

  • June 27, 2024

    Calif. School District Settles EEOC National Origin Bias Probe

    A California school district agreed to pay $45,000 after a U.S. Equal Employment Opportunity Commission investigation discovered reasonable cause to believe the district refused to promote a vice principal because he is Hispanic, the agency said Thursday. 

  • June 27, 2024

    Appeal Of Wash. Pay Range Suit Remand Gets Shut Down

    A Washington federal judge refused to certify an appeal to the Ninth Circuit concerning the lower court's decision to remand to state court a lawsuit alleging retailer Aaron's should have included pay ranges in job advertisements, saying that state court is the ideal venue to interpret state law.

  • June 27, 2024

    9th Circ. Revives US Citizen's Hiring Bias Suit Against Meta

    A split Ninth Circuit panel on Thursday reinstated a proposed class action alleging Facebook parent company Meta unlawfully favors visa holders when hiring, ruling that a Reconstruction-era civil rights law bars employers from discriminating against U.S. citizens.

  • June 27, 2024

    Pa. Manufacturer Ends EEOC Sex Harassment Suit

    A manufacturing company has struck a $110,000 deal with the U.S. Equal Employment Opportunity Commission to close a Pennsylvania federal court suit alleging it failed to act when two female workers complained they were regularly subjected to sexual comments and unwanted touching.

  • June 27, 2024

    Calif. Farm To Pay $200K To End EEOC Sex Harassment Suit

    A raspberry farm will pay $200,000 to resolve a suit from the U.S. Equal Employment Opportunity Commission accusing it of allowing a male supervisor to sexually harass male and female employees and retaliating against those who spoke up, a filing in California federal court said.

  • June 26, 2024

    Workers Feeling PWFA's Impact After 1st Year In Effect

    The Pregnant Workers Fairness Act, which took effect one year ago Thursday, has brought about more pregnancy accommodations for workers without causing overwhelming compliance challenges for employers, attorneys on both sides of the bar say.

  • June 26, 2024

    Jury Backs Mass. City In Firefighters' Race Bias Suit

    A Massachusetts federal jury sided with the city of Springfield on Tuesday in a suit brought by nonwhite firefighters who claimed the city failed to enforce residency requirements for its employees and stifled their opportunities for advancement.

  • June 26, 2024

    Gas Co. Settles Fired Hemp User's Disability Bias Suit

    An industrial gas manufacturer agreed to settle a worker's suit previously revived by the Sixth Circuit claiming he was illegally fired after he tested positive for marijuana, results that he said were false and derived from his use of legal hemp to treat pain following cancer surgery.

  • June 26, 2024

    NCDOT Settles Ex-Worker's Breast Milk Pumping Area Suit

    The North Carolina Department of Transportation and a former employee who accused it of failing to provide clean, private space for its nursing workers to pump their breast milk have agreed to settle their dispute, according to new documents filed in federal court.

  • June 26, 2024

    Mozilla Discriminated Based On Cancer Diagnosis, Exec Says

    Software company Mozilla Corp., creator of the Firefox browser, has been hit with a discrimination suit in Washington state court alleging it discriminated against its chief product officer by placing him on leave and demoting him following his cancer diagnosis, despite positive performance reviews and his successful efforts to bolster revenue.

  • June 26, 2024

    Housekeeping Co. Settles EEOC National Origin Bias Probe

    The U.S. Equal Employment Opportunity Commission announced Wednesday that it struck a deal with a housekeeping services company to put an end to an investigation into allegations that the company reprimanded workers who spoke Spanish and other languages in the workplace.

  • June 26, 2024

    LVMH Can't Yet Collect $490K Award From Former Legal Exec

    A Manhattan judge on Wednesday confirmed LVMH Moet Hennessy Louis Vuitton Inc.'s $490,000 arbitration win for a former legal executive's alleged contract violations, but declined to enforce the payment until the two sides resolve a related sexual harassment and retaliation dispute.

  • June 26, 2024

    Ex-Seattle Cancer Center Worker Settles Suit Over 'Woke' DEI

    A former clinical social worker for Seattle's Fred Hutchinson Cancer Center has agreed to drop her lawsuit accusing management of firing her for protesting diversity programming as laden with "woke" identity politics, according to a recent stipulation filed in Washington federal court.

Expert Analysis

  • Eye On Compliance: EEOC Focus On Workplace AI

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    With the U.S. Equal Employment Opportunity Commission’s recent guidance and enforcement focus on the use of artificial intelligence tools during the hiring process and other job-related assessments, companies should be mindful that anti-discrimination laws apply equally to both human- and AI-generated decisions, say Laura Stutz and Lisa Ackerman at Wilson Elser.

  • 5th Circ. Ruling Sets Bostock, Faith Exemption Up For Review

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    The Fifth Circuit's Braidwood v. Equal Employment Opportunity Commission decision could tee up U.S. Supreme Court review of whether employing an individual to whose protected class the employer objects infringes on the employer's religious beliefs, potentially narrowing LGBTQ worker protections from the high court's 2020 Bostock v. Clayton County decision, says Adam Grogan at Bell Law.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Why Employers Should Refrain From 'Quiet Firing'

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    While quiet firing — when an employer deliberately makes working conditions intolerable with the goal of forcing an employee to quit — has recently been identified in the news as a new trend, such constructive discharge tactics have been around for ages, and employers would do well to remember that, comparatively, direct firings may provide more legal protection, says Robin Shea at Constangy.

  • 5 New Calif. Laws Employers Need To Know

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    Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • How AI 'Cultural Fit' Assessments Can Be Analyzed For Bias

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    Attorneys at Sanford Heisler explore how the use of artificial intelligence to assess workplace cultural fit may provide employees with increased opportunities to challenge biased hiring practices, and employers with more potential to mitigate against bias in algorithmic evaluations.

  • 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.