Discrimination

  • May 03, 2024

    Ruling In School Misgendering Suit Is A Boon For Employers

    An Indiana federal court's recent decision shooting down a teacher's religious objections to a school district's policy requiring its educators to call transgender students by their gender-affirming names is a favorable one for employers that might find themselves similarly balancing competing interests, legal experts said.

  • May 03, 2024

    Workday Hearing To Put Spotlight On AI Bias Liability

    An upcoming hearing in California federal court in a job candidate's discrimination case over software provider Workday's artificial intelligence-powered hiring tools will hinge on the question of who shoulders the liability when a high-tech workplace tool churns out biased results.

  • May 03, 2024

    NY Forecast: Judge Weighs Class Cert. In Tax Prep OT Case

    In the coming week, a federal magistrate judge will consider whether to grant class certification to New York income tax preparers who claim they were denied overtime pay due to their employer's practice of paying them on commissions. Here, Law360 explores this and other cases on the docket in New York.

  • May 03, 2024

    9th Circ. Reopens Ex-TSA Manager's Retaliation Suit

    The Ninth Circuit on Friday revived a former Transportation Security Administration manager's lawsuit alleging she was fired for settling a discrimination charge she filed with the U.S. Equal Employment Opportunity Commission, saying a reasonable jury could conclude she was treated harsher than a comparable colleague.

  • May 03, 2024

    Claims Court Trims Military Vax Mandate Class Action

    The U.S. Court of Federal Claims pared back a proposed class action seeking military back pay for service members allegedly discharged for not complying with a 2021 COVID-19 vaccination mandate, saying it had no jurisdiction over a nonmoney-mandating statute.

  • May 03, 2024

    Ex-Spirit Flight Attendant Drops FMLA Suit

    A Florida federal judge on Friday dismissed a lawsuit a former flight attendant lodged against Spirit Airlines accusing it of firing her after she complained that its medical leave policies ran afoul of the Family and Medical Leave Act.

  • May 03, 2024

    Texas Agency Fired Worker Over Headscarf, DOJ Says

    The Texas Department of Criminal Justice effectively fired an employee who wore a headscarf to work in accordance with her religious beliefs after questioning the sincerity of her faith, the federal government alleged in a lawsuit filed against the agency Friday in Texas federal court.

  • May 03, 2024

    Judge Calls Foul On Tigers' Bid To Block Age Bias Testimony

    A Michigan federal judge called out the Detroit Tigers for failing to indicate whether it had reached out to opposing counsel before filing its recent motion to exclude testimony in a former clubhouse manager's age bias case, denying the team's exclusion bid as trial approaches.

  • May 03, 2024

    Calif. Forecast: Justices To Hear PAGA Intervenor Args

    In the coming week, attorneys should watch for oral arguments before the California Supreme Court on the issue of the right of workers bringing a case under the state's Private Attorneys General Act to intervene in a separate matter. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • May 03, 2024

    California Judge Ousted For 'Willful,' 'Prejudicial' Misconduct

    A California state judge has been removed from the bench after an investigation found that he conducted a campaign of retaliation against court employees he suspected of being "moles" in a probe against him and lied about his actions to investigators afterward.

  • May 03, 2024

    Ex-Defender Can't Make Feds Release Harassment Reports

    A North Carolina federal court rejected a former assistant federal defender's bid to have the federal government release certain #MeToo evidence following a trial over her claims of a botched sexual harassment probe, saying she was "woefully late" in deciding to challenge its confidentiality status.

  • May 03, 2024

    Aetna To Pay $2M To End LGBTQ Fertility Coverage Suit

    A group of Aetna policyholders said Friday that the insurance giant has agreed to pay $2 million and revise certain health insurance guidelines to settle a proposed class action alleging its definition of infertility made it difficult and expensive for LGBTQ couples to obtain coverage for fertility treatments.

  • May 03, 2024

    Officer Tells 10th Circ. High Court Ruling Backs His Bias Case

    A Utah corrections officer urged the Tenth Circuit to reconsider tanking his bias and retaliation claims alleging he was fired after asking to use a different gun to accommodate his hand disability, arguing that his case should be reviewed under a new standard set by the Supreme Court.

  • May 03, 2024

    Contractor Denies Driving Job To Amputee, EEOC Tells Court

    A company that contracts with mine sites illegally refused to hire a worker to drive a dump truck because he's a right-arm amputee, the U.S. Equal Employment Opportunity Commission said in a suit filed in Georgia federal court.

  • May 02, 2024

    Sysco Unit To Provide Back Pay To End DOL Hiring Bias Probe

    A subsidiary of restaurant food distributor Sysco Corp. will pay over $133,000 in back pay to resolve the U.S. Department of Labor's allegations that it discriminated against women by failing to hire qualified female applicants to fill open warehouse positions in Palmetto, Florida, the agency said Thursday.

  • May 02, 2024

    Union Abandoned Suspended Members, Musicians Say

    Two orchestra musicians represented by an American Federation of Musicians local accused their union in New York federal court of breaching its duty of fair representation by not enforcing an arbitration award after the duo was suspended based on allegations from years ago.

  • May 02, 2024

    9th Circ. Backs Game Developer's Win In Sex Harassment Suit

    The Ninth Circuit declined Thursday to reinstate a lawsuit a former employee brought against a video game developer accusing it of subjecting him to lewd jokes and firing him after he complained, saying a lower court didn't err by admitting certain evidence at trial.

  • May 02, 2024

    EEOC 'Up For A Fight' As High Court Title VII Test Takes Shape

    The U.S. Equal Employment Opportunity Commission told an appeals court that a new U.S. Supreme Court ruling strengthens a worker's disability bias case in an emphatic brief that experts say foreshadows the agency's aggressive push to use the high court decision to tip the scales in employees' favor.

  • May 02, 2024

    Staffer Says Ga. School Can't Keep Racism Defense Straight

    An educator who last year sued an affluent Atlanta private school over allegations she was driven from her job after complaining of racist treatment urged a federal judge Wednesday to keep her discrimination suit alive, alleging the school has continually changed its story on why it fired her.

  • May 02, 2024

    3rd Circ. Reopens Chinese Tech Worker's Promotion Bias Suit

    The Third Circuit revived a Chinese software engineer's lawsuit Thursday alleging he was denied a promotion and fired by a tax technology company because he complained about racist comments he faced, ruling a lower court evaluated the worker's claims too narrowly.

  • May 02, 2024

    2nd Circ. Skeptical About Ex-TD Bank Manager's Bias Suit

    The Second Circuit appeared unwilling Thursday to wipe out TD Bank's win over a former manager's suit alleging he was ousted because he asked for parental leave and had anxiety, with an appellate panel seeming unconvinced that the bank's claim that unethical conduct got him fired was dishonest.

  • May 02, 2024

    Morehouse Says Degree Issue, Not Bias, Led To Prof's Firing

    Morehouse College asked a Georgia federal judge on Wednesday to free it from all claims brought against it by a former professor who alleged he was fired for taking part in an HIV-positive student's discrimination lawsuit against the school and members of the cinema, television and emerging studies program faculty.

  • May 02, 2024

    Seyfarth Litigator Pairs Up With Solo Atty At Atlanta Firm

    A former Seyfarth Shaw LLP partner has joined a solo practitioner's employment law firm in Atlanta with the goal of handling plaintiffs employment litigation and trade secret and noncompete matters while capitalizing on the use of generative artificial intelligence.

  • May 02, 2024

    Securities Firm Must Face Ex-Worker's Age Bias Suit

    A Colorado federal judge refused to throw out a lawsuit a former securities sales representative lodged against a firm accusing it of firing him and replacing him with two younger workers, saying he put forward enough detail to keep his suit afloat.

  • May 02, 2024

    Moses & Singer, Ex-Partner Settle Pregnancy Bias Suit

    A New York federal judge on Thursday dismissed a lawsuit filed against litigation firm Moses & Singer LLP by a former partner who accused it of wrongfully firing her after she requested workplace accommodations for her pregnancy, saying the parties have reached "a settlement in principle."

Expert Analysis

  • Despite Regulation Lag, AI Whistleblowers Have Protections

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    Potential whistleblowers at companies failing to comply with the voluntary artificial intelligence commitments must look to a patchwork of state and federal laws for protection and incentives, but deserve comprehensive regulation in this field, say Alexis Ronickher and Matthew LaGarde at Katz Banks.

  • FCRA Legislation To Watch For The Remainder Of 2023

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    If enacted, pending federal and state legislation may result in significant changes for the Fair Credit Reporting Act landscape and thus require regulated entities and practitioners to pivot their compliance strategies, say attorneys at Troutman Pepper.

  • A Closer Look At Another HBCU Race Bias Suit Against NCAA

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    The National Collegiate Athletic Association's Academic Performance Program has become a lightning rod for scrutiny, as seen in the recently filed class action McKinney v. NCAA — where statistics in the complaint raise questions about the program's potential discriminatory impact on student-athletes at historically Black colleges and universities, say attorneys at Troutman Pepper.

  • Employer Defenses After High Court Religious Bias Decision

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    Following the U.S. Supreme Court's recent ruling in Groff v. DeJoy — which raised the bar for proving that a worker’s religious accommodation presents an undue hardship — employers can enlist other defense strategies, including grounds that an employee's belief is nonsectarian, say Kevin Jackson and Jack FitzGerald at Foley & Lardner.

  • 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.