Discrimination

  • May 30, 2024

    ACLU Says Aon Hiring Tools Discriminate On Race, Disability

    The American Civil Liberties Union Foundation said Thursday it has filed a complaint against Aon Consulting Inc. with the Federal Trade Commission alleging it is using deceptive marketing tactics to push hiring technology that the company claims is bias free in contradiction of research showing otherwise.

  • May 30, 2024

    3 Factors That May Underlie EEOC Color Bias Charge Spike

    The U.S. Equal Employment Opportunity Commission's recently published discrimination charge data for fiscal year 2023 revealed a 40% spike in allegations of color bias in American workplaces. Here are three things experts said might help explain that sharp uptick.

  • May 30, 2024

    Politics Not Behind Radio Host's Firing, Broadcaster Argues

    The broadcaster accused of wrongfully terminating radio host Grant Napear after he tweeted "All lives matter" told a California federal court in its bid for summary judgment that Napear's firing had nothing to do with politics, and everything to do with the disrespectful tone and timing of the post.

  • May 30, 2024

    Christian Teacher Appeals Pronoun Case To 7th Circ.

    An evangelical teacher who lost his job after he objected to using gender-affirming names and pronouns for his transgender students is asking the Seventh Circuit to take another look at his religious bias case.

  • May 30, 2024

    NYU Law Review Beats Bias Claims Over Diversity Efforts

    A New York federal court on Thursday dismissed a lawsuit from a self-described straight white male, first-year law student at New York University claiming the NYU Law Review is discriminatory.

  • May 30, 2024

    6th Circ. Nixes Bias Suit From Bus Driver Fired After Fight

    The Sixth Circuit refused Thursday to revive a race and disability bias suit from a Black bus driver who fought a passenger and left him on train tracks, ruling that he failed to show prejudice cost him his job rather than the violent incident.

  • May 30, 2024

    Ballard Spahr Faces Claim It Fired Worker Over Sick Husband

    A former legal assistant at Ballard Spahr LLP claims the firm fired her in retaliation for using the Family and Medical Leave Act to take time away from work to care for her cancer-stricken husband, according to a complaint filed in Pennsylvania federal court.

  • May 30, 2024

    Atty Who Missed Depo Amid Eclipse Trip Slams AAA's Fee Bid

    A lawyer sanctioned for missing a client's deposition in Florida when the attorney was viewing the solar eclipse in Arkansas has slammed the AAA organization's related fees request as "hyperinflated" and cited a popular job-hunting website to back up his argument.

  • May 30, 2024

    DOJ Says Okla. School District Violated Military Leave Law

    A school district in Oklahoma violated federal law by failing to reinstate a music teacher after he returned from military deployment in the Air Force Reserve, the U.S. Department of Justice alleged in a lawsuit. 

  • May 30, 2024

    Slapping Groping Patient Isn't Protected Action, 4th Circ. Says

    A former certified nursing assistant at a nursing home operator didn't show that smacking the hand of a patient whom she alleged groped her constituted protected activity under West Virginia law, a Fourth Circuit panel ruled Thursday, affirming the company's win in a lower court.

  • May 30, 2024

    Ex-Fox Rothschild Corporate Chief Accuses Firm Of Age Bias

    The former head of Fox Rothschild LLP's corporate department sued the firm for age discrimination Wednesday in New Jersey state court, saying it slashed his pay to below that of a first-year associate and then forced him out after nearly 30 years of employment there.

  • May 30, 2024

    Morgan & Morgan Settles Ex-Paralegal's FMLA Suit

    Morgan & Morgan PA reached a deal with a former paralegal ending her suit accusing the firm of interference and retaliation when she was unlawfully fired, she said, after requesting time off afforded by the Family and Medical Leave Act, the firm told a Florida federal judge Thursday.

  • May 30, 2024

    NLRB GC Calls On Board To Find Racism Claim Is Protected

    A National Labor Relations Board judge was right to find that a school choice nonprofit illegally terminated a worker for saying she thought her supervisor was racist, agency prosecutors argued, saying the worker's remark was linked to protected concerted activity.

  • May 30, 2024

    4th Circ. Backs Md. Agency In Worker's Telework Bias Suit

    The Fourth Circuit declined to revive a suit filed by a Maryland Department of Health worker who claims he was fired for requesting telework to manage his prediabetes, finding he couldn't overcome the agency's position that he was terminated for performance issues.

  • May 30, 2024

    Gunster Bolsters Employment And Immigration Teams In Florida

    Gunster has hired two attorneys in two separate Florida offices who will continue their practices focused on labor and employment and immigration issues, the firm announced this week.

  • May 30, 2024

    11th Circ. Backs Navy Win In National Origin Harassment Case

    An Eleventh Circuit panel refused to revive a former Naval employee's lawsuit alleging he faced harassment as a result of his Nigerian descent, holding a Florida federal judge did not err in finding he failed to establish harassment that was sufficiently severe or pervasive. 

  • May 29, 2024

    Foley & Lardner Sued For Axing Pro-Palestinian Atty's Offer

    A former Foley & Lardner LLP summer associate on Wednesday lodged discrimination claims against the firm for pulling its job offer after she made comments supporting Palestine, alleging that the firm let her go because of her religion and ethnicity, according to the suit lodged in Illinois federal court.

  • May 29, 2024

    ​​​​​​​Merrill Lynch Inks $20M Deal In Financial Advisers' Bias Suit

    Merrill Lynch has agreed to pay nearly $20 million to settle class action claims filed in Florida federal court alleging discrimination and retaliation against a proposed class of nearly 1,400 Black financial advisers who alleged they received less pay and promotions compared to their white counterparts. 

  • May 29, 2024

    Navajo President Denies VP's Claims Of Sexual Misconduct

    Navajo Nation President Buu Nygren, while denying allegations by Vice President Richelle Montoya of sexual harassment, bullying and mistreatment, said he intends to ask the tribe's council for workplace policies and procedures for the top offices, arguing that he's well aware that women within the country's largest reservation feel unheard.

  • May 29, 2024

    9th Circ. Revives Bulk Of Walmart Worker's Disability Bias Suit

    The Ninth Circuit on Wednesday reversed most of a district court's ruling in favor of Walmart on claims by a vision-impaired employee that the retail giant didn't let him return to work after a medical leave of absence, saying the employee presented evidence suggesting Walmart lied about the reasons why he couldn't return.

  • May 29, 2024

    Starbucks Gets Trans Barista's Bias Suit Kicked To Arbitration

    A New York federal judge sent to arbitration a transgender Starbucks barista's suit claiming he was harassed and ultimately fired because of his gender identity, rejecting the former employee's argument that he doesn't remember signing a deal to arbitrate.

  • May 29, 2024

    NFL Can't Juke Retaliation Claims In Reporter's Race Suit

    A New York federal judge on Wednesday hobbled a wrongful termination suit against the NFL, dismissing award-winning reporter Jim Trotter's claims of a hostile work environment and state claims but keeping the case alive through a federal claim of retaliation related to the league's decision not to renew his contract in March 2023.

  • May 29, 2024

    Ford Can Keep Win In Ex-Worker's Hostile Workplace Suit

    A former Ford employee can't get a new trial on claims that a co-worker's lewd comments and overtures led to a hostile work environment, a Michigan federal judge has ruled, finding there is sufficient evidence to support the jury's verdict in the automaker's favor.

  • May 29, 2024

    EEOC Crackdown May Hint At Pay Data Requirement Reboot

    The U.S. Equal Employment Opportunity Commission recently took 15 companies to court over their alleged failure to furnish workforce demographic data, an unusual enforcement push that experts say may foreshadow a renewed effort by the EEOC to require employers to turn over pay information.

  • May 29, 2024

    Conn. Hospital Settles Exonerated Doctor's Race Bias Suit

    A Connecticut hospital and a doctor of Nigerian heritage have settled a race and gender discrimination lawsuit that followed a supervisor's assertion during a sexual harassment and assault probe that Nigeria was home to a "typically misogynistic and chauvinistic" culture, according to a Wednesday dismissal order.

Expert Analysis

  • Where Employers Stand After 5th Circ. Overturns Title VII Test

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    The substantial impact of the recent holding in Hamilton v. Dallas County means employers in the Fifth Circuit can now be liable under Title VII for a whole range of conduct not previously covered — but the court did set limits, and employers can take tangible steps to help protect themselves, say Holly Williamson and Steven DiBeneditto at Hunton.

  • Gauging The Scope Of NYC's New AI Employment Law

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    Although employers have received some guidance on the requirements of New York City's new restriction on the use of automated employment decision tools, there are many open questions to grapple with as Local Law 144 attempts to regulate new and evolving technology, say attorneys at Gibson Dunn.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Inflexible Remote Work Policies Can Put Employers In A Bind

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    As made clear in the recent decision by a Pennsylvania federal court in Oross v. Kutztown University, employers need to engage in individualized assessments of all requests for exemptions or accommodations to return-to-work policies to avoid potentially violating the Americans with Disabilities Act or Rehabilitation Act, say attorneys at Troutman Pepper. 

  • Congress Should Ban Employee Body Size Discrimination

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    New York City's recent enactment of a law that bans employers from discriminating against applicants and employees because of their height or weight should signal to Congress that now is the time to establish federal legislation that would prohibit such harmful practices, says Joseph Jeziorkowski at Valiant Law.

  • Why Employers Should Heed High Court Web Designer Ruling

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    While not an employment law ruling, the U.S. Supreme Court's recent decision in the First Amendment case 303 Creative v. Elenis raises serious questions for employers that constitute public accommodations and have related anti-discrimination policies, says Tanner Camp at Foley & Lardner.

  • What To Expect From The EEOC's Proposed Pregnancy Law

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    U.S. Equal Employment Opportunity Commission regulations implementing the Pregnant Workers Fairness Act require accommodations for many conditions related to pregnancy and childbirth, and while the final rule won't be published until the public comment period expires in October, employers should act promptly, says Amy Gluck at FisherBroyles.

  • Employer Best Practices For Pay Transparency Compliance

    Excerpt from Practical Guidance
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    With conflicting pay transparency and disclosure laws appearing across the country, employers must carefully develop different strategies for discussing compensation with employees, applicants, and off-site workers, disclosing salaries in job ads, and staying abreast of new state and local compliance requirements, says Joy Rosenquist at Littler Mendelson.

  • Congress Must Level The Employer Arbitration Playing Field

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    Federal courts have largely eviscerated state bans on arbitration of employment claims through Federal Arbitration Act preemption holdings, and they are also limiting the impact of the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, so Congress needs to step in and amend both laws, says Alan Kabat at Bernabei & Kabat.

  • What 11th Circ. Revival Of Deaf Employee's Bias Suit Portends

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    The Eleventh Circuit's recent Beasley v. O'Reilly Auto Parts decision, which created a circuit split involving the issue of linking accommodations under the Americans with Disabilities Act to essential job functions, is a curiosity about the court's analysis at least and a potential game changer for employer duties at most, says John Doran at Sherman & Howard.

  • What To Watch As Justices Take Up Title VII Job Transfer Case

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    With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.

  • Parsing EEOC Guidance On Accommodating Low Vision

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    Employers need to examine recent Equal Employment Opportunity Commission guidance on provisions for employees who are blind or partially sighted, particularly on the consequences of terminating an employee with blindness or low vision without meeting obligations under the Americans with Disabilities Act, says Amy Epstein Gluck at FisherBroyles.

  • 5 Tips For Employers Handling Generative AI Privacy Risks

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    Employers should carefully consider the privacy implications of using generative artificial intelligence tools, and employ steps to mitigate the risks, such as de-identifying data, providing notice and identifying data flows, say Zoe Argento and Amy Kabaria at Littler.