Discrimination

  • June 05, 2024

    EEOC Lambastes Enterprise For Seeking Its Hiring Data

    The Florida arm of rental car giant Enterprise can't use the U.S. Equal Employment Opportunity Commission's hiring data to combat the agency's allegations that the company discriminated against older applicants for a training program because such information is irrelevant, the federal bias watchdog told a federal court.

  • June 05, 2024

    Worker's Sexual Harassment Suit Against Fiat Gets Tossed

    A Michigan federal judge has tossed a Fiat Chrysler employee's sexual harassment and retaliation claims against the company over the alleged actions of her union steward, saying the worker hadn't responded to a court order.

  • June 05, 2024

    Atty Accused Of 'Quiet Quitting' Ends Bias Suit Against Firm

    New York-based plaintiffs firm Napoli Shkolnik PLLC and a former attorney told a federal court they've agreed to end the ex-employee's lawsuit alleging she was publicly accused of breaking her employment contract by "quiet quitting" because she challenged the racist behavior she witnessed.

  • June 05, 2024

    Machinery Co. Can't Beat Suit Over Gender-Affirming Care

    A New Hampshire turbomachinery company can't dodge a transgender employee's lawsuit alleging its healthcare plan's ban on gender dysphoria treatment coverage is discriminatory, with a federal judge ruling the company overlooked the U.S. Supreme Court's landmark Bostock decision.

  • June 05, 2024

    Amtrak, Chick-Fil-A Franchise Face Pregnancy Bias Charges

    Amtrak and a Chick-fil-A franchise ran afoul of the Pregnant Workers Fairness Act by punishing workers for taking time off for pregnancy-related medical care, according to U.S. Equal Employment Opportunity Commission charges a worker advocacy group said it filed Wednesday.

  • June 05, 2024

    Ohio Panel Revives Cancer Scientist's Misconduct Probe Suit

    An Ohio appellate court revived parts of a cancer research scientist's suit accusing Ohio State University of mishandling a probe into his conduct sparked by a New York Times article the scientist said defamed him, ruling his claims the school failed to follow its own policy should continue.

  • June 05, 2024

    AAA Says Fee Critique 'Flawed' For Missed Eclipse Day Depo

    An attorney sanctioned for missing a deposition in Florida while he was in Arkansas viewing April's solar eclipse used "guesswork" in a response asking a federal judge in the Sunshine State to whittle a request for $7,800 in fees down to just over $1,200, according to a reply filed this week by AAA in a lawsuit by a former employee.

  • June 05, 2024

    Lewis Brisbois Employment Attys Join Kaufman Dolowich

    Kaufman Dolowich has hired a pair of Lewis Brisbois Bisgaard & Smith LLP employment attorneys as partners in Los Angeles.

  • June 05, 2024

    Waste Co. Strikes Deal To Exit DOL Sex Bias Probe

    A Southern California waste collection company will pay more than $104,000 and hire 10 women to end an investigation by the U.S. Department of Labor into the company's discriminatory hiring practices against female job applicants.

  • June 05, 2024

    Ally Bank Unlawfully Denied White Man Senior Role, Suit Says

    Ally Financial Inc. declined to tap a white male employee for a leadership position so it could pick a woman and fulfill its diversity quotas and pushed him into an analyst role he was later forced to resign from, according to a suit filed in North Carolina federal court.

  • June 05, 2024

    Public Input On EEOC/NLRB Memo A Must, US Rep. Says

    A coming joint memorandum from the nation's federal discrimination and labor law watchdogs addressing when workplace speech qualifies as unlawful harassment should be opened to public comment before being published, the Republican chairwoman of the House Education and the Workforce Committee said. 

  • June 05, 2024

    Atty Retaliation Claim 'Self-Serving Spin,' Major Lindsey Says

    Legal recruiter Major Lindsey & Africa has asked a Maryland federal judge to toss an associate's claim that she was retaliated against after suing Troutman Pepper for racial discrimination, arguing that the absence of a contract between the parties dooms her claim, and that she failed to show that the recruiter "acted with a retaliatory motive or intent."

  • June 04, 2024

    JPMorgan Accused Of Retaliating Against Indian H-1B Worker

    JPMorgan Chase & Co. is facing a new lawsuit accusing it of firing an Indian product manager on an H-1B visa after the former employee confronted his supervisor for allegedly discriminating against him based on his race and nationality.

  • June 04, 2024

    Ga. County Wants 11th Circ. To Rethink Trans Care Ban Ruling

    A Georgia county that lost a legal challenge to a provision of its health plan that bars coverage for gender-affirming surgery has asked the full Eleventh Circuit to revisit the decision, arguing that an opinion last month wrongly found the policy discriminates against transgender people, rather than being isolated to a single procedure.

  • June 04, 2024

    Advocates Say Workplace AI Vendors 'Ignore' Disability Bias

    Two federal agencies' ongoing investigations into claims that artificial intelligence-fueled screening tools sold by management consulting firm Aon discriminate against disabled job applicants show that tech vendors are overlooking disability bias when they roll out new technology, worker advocates say.

  • June 04, 2024

    Airlines Seek Shield From Chicago's New Paid Sick Leave Law

    The trade group representing the largest U.S. airlines alleged in a federal lawsuit Tuesday that Chicago's new paid sick leave law cannot be enforced against airlines because it interferes with flight crew staffing and scheduling in violation of federal law and collective bargaining agreements.

  • June 04, 2024

    EEOC Says Transgender Care Exclusion Violated Title VII

    The U.S. Equal Employment Opportunity Commission ruled that the Office of Personnel Management violated federal civil rights law when it denied a transgender retiree's claims for gender-affirming care, reversing an agency decision that determined he hadn't been subjected to discrimination.

  • June 04, 2024

    Honeywell Manager 'Dismissive' Of Black Employee, Suit Says

    A Black woman who was a global marketing manager for Honeywell International Inc. has accused the conglomerate of using layoffs as a pretext to get rid of her after she filed an internal complaint calling into question her manager's treatment of women and people of color.

  • June 04, 2024

    Property Company Must Face Ex-Manager's Race Bias Suit

    A Pennsylvania federal judge denied a real estate firm's effort to take an early win over a discrimination and retaliation suit brought by one of its Black former property managers, ruling that there are still too many open questions about the worker's treatment as she oversaw a problem-ridden Ohio apartment complex.

  • June 04, 2024

    County Says Exec Can't Pin Firing On Lawyer Bashing

    A fired county executive's letter calling the county's legal counsel incompetent was sent as part of his official job duties, a Michigan county said Monday, arguing that the comments were not protected speech and can't give rise to a retaliation claim.

  • June 04, 2024

    2nd Circ. Won't Revive NYU Doctor's Disability Bias Suit

    The Second Circuit declined Tuesday to reinstate a doctor's suit claiming a New York University hospital fired him instead of accommodating his disability, saying the hospital was on solid ground to let him go because he couldn't perform a particular procedure.

  • June 04, 2024

    8th Circ. Erases Pharmacist's Win In Service Dog ADA Suit

    The Eighth Circuit on Tuesday upended a pharmacist's $134,000 jury trial win in her lawsuit accusing a Missouri city of unlawfully barring her from bringing her service dog to work to help her monitor her diabetes, saying she failed to show that she needed the dog to do her job.

  • June 04, 2024

    2nd Circ. Backs TD Bank's Win Over Ex-Manager's Bias Suit

    The Second Circuit refused Tuesday to revive a former TD Bank manager's suit claiming he was fired because he suffered from anxiety and had requested parental leave, finding he couldn't overcome the bank's explanation that he was let go because of forgery.

  • June 04, 2024

    Legal Tech Co. Wants Ex-Exec's $1M Stock Suit Out Of NY

    A former legal tech executive's lawsuit claiming she was sexually harassed, fired and then cut out of $1 million in stock options should be moved from New York to either Texas or arbitration, or dismissed entirely, her former colleagues said Tuesday, calling the allegations against them "vague and conclusory."

  • June 04, 2024

    Ex-Lumentum VP Traded On Merger Info, SEC Says

    The former vice president of product line management at Lumentum has been accused by the U.S. Securities and Exchange Commission of using nonpublic information about a pending merger to trade stock during his time with the laser products company.

Expert Analysis

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

    Author Photo

    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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'

    Author Photo

    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.