Discrimination

  • July 10, 2024

    6th Circ. Partly Revives Jailer's Disability Suit Over Chemicals

    The Sixth Circuit partially revived a deputy jailer's disability bias suit against a Tennessee county, tossing a district court's ruling that she failed to support discrimination claims over her termination and the county's alleged failure to accommodate her allergy to cleaning chemicals.

  • July 10, 2024

    Ohio Hospital Beats Fired Worker's COVID Testing Bias Suit

    An Ohio federal judge tossed a pharmacist's suit claiming a children's hospital flouted her beliefs by firing her after she refused the COVID-19 vaccine and weekly testing on religious grounds, ruling that she wasn't owed an accommodation that could have hurt hospital business.

  • July 09, 2024

    Ex-SF Transit Worker Tearfully Tells Of Vax-Mandate Firing

    A former San Francisco Bay Area train system police department member who claims the transit agency religiously discriminated with its COVID-19 vaccination mandate testified tearfully on Tuesday that he felt guilt and anxiety after losing his job, saying his family almost had to sell their home.

  • July 09, 2024

    With Chevron's End, LGBTQ+ Healthcare Regs Face New Risk

    The end of Chevron deference is already disrupting regulation meant to protect LGBTQ+ access to healthcare, with three federal judges blocking enforcement of a Biden administration rule prohibiting discrimination based on gender identity in healthcare.

  • July 09, 2024

    6th Circ. Won't Revive Pilots' COVID Vax Preemption Fight

    The Sixth Circuit on Tuesday refused to revive a putative class action by Kalitta Air pilots who were fired over their refusal to get the COVID-19 vaccine, finding that the Railway Labor Act precludes the court from hearing their failure-to-accommodate and disability discrimination claims, which must be resolved through arbitration instead.

  • July 09, 2024

    BCBS Unit Fails To Stop Religious Vaccine Objector Suits

    A Blue Cross Blue Shield of Michigan subsidiary can't escape claims it treated differently employees who sought accommodations from a COVID-19 vaccine mandate, a Michigan federal judge ruled Tuesday, finding it plausible that religious discrimination "was at least a motivating factor" in the way the workers were dealt with.

  • July 09, 2024

    CBD Cos. Tell Justices RICO Can't Cover Personal Injury

    A trio of CBD companies on Tuesday urged the U.S. Supreme Court to find that a trucker fired for a positive drug test cannot bring a personal injury claim under the Racketeer Influenced and Corrupt Organizations Act.

  • July 09, 2024

    Miracle-Gro Scores Early Win In Benefits Cutoff Suit

    Scotts Miracle-Gro notched an early win in a former worker's lawsuit alleging she was forced out when her health benefits were cut after she asked to work remotely following a bout of COVID-19, with a Georgia federal judge ruling Tuesday her position necessitated in-person attendance.

  • July 09, 2024

    EEOC General Counsel Says She's Homing In On Hiring Bias

    U.S. Equal Employment Opportunity Commission general counsel Karla Gilbride said Tuesday her office is focused on holding employers accountable for hiring discrimination, noting the agency has access to company data that allows it to build a case that an individual job seeker cannot.

  • July 09, 2024

    7th Circ. Passes On Look At 2-Step Cert. Process, For Now

    A Seventh Circuit panel turned down pharmaceutical company Eli Lilly & Co.'s challenge to an Indiana federal court's decision to grant collective certification in an age discrimination suit, but said it would be open to looking at the two-step certification process in place to greenlight collectives.

  • July 09, 2024

    EEOC Asks 11th Circ. To Upend Coal Co. Win In Race Bias Suit

    The U.S. Equal Employment Opportunity Commission urged the Eleventh Circuit on Tuesday to reinstate a lawsuit against a coal company brought by two Black former workers, saying they adequately showed that a white worker was subjected to more lenient standards than they were.

  • July 09, 2024

    Transportation Co. Fined Daily For Ignoring EEOC Subpoena

    A Minnesota federal judge hit a medical transportation company with a $100-a-day fine for failing to hand over information requested by the U.S. Equal Employment Opportunity Commission to aid its investigation into claims that the company underpaid a female driver out of bias.

  • July 09, 2024

    Ex-Uber Driver Urges 9th Circ. To Rehear Race Bias Suit

    An Asian former Uber driver is asking the Ninth Circuit to overturn a panel's June ruling finding he failed to support his allegations that the ride-hailing giant's rating system is racially biased, saying the court held him to too high of a standard.

  • July 09, 2024

    Ex-Worker Says She Was Assaulted By Fulton Court Staffer

    A former Fulton County Clerk of Superior and Magistrate Courts employee has filed a lawsuit against the clerk and county for allegedly protecting and enabling a senior staff member who she says sexually assaulted and harassed her.

  • July 09, 2024

    Jackson Lewis Snags Proskauer Atty In NYC Office

    Nationwide employment law firm Jackson Lewis PC announced Tuesday that it has hired a former Proskauer Rose LLP associate as a principal in its New York City office.

  • July 09, 2024

    Akamai Can't Arbitrate Saleswoman's Sex Harassment Suit

    A New York federal judge said Akamai Technologies can't arbitrate a senior account executive's claims that she endured years of sexual harassment and was hit with sexist sales quotas, ruling that her sexual misconduct claims shield the entire case from arbitration under the Ending Forced Arbitration Act.

  • July 09, 2024

    Weinstein May Face Nov. Retrial As DA Vets New Rape Claims

    Manhattan prosecutors Tuesday said November is a "realistic" date for Harvey Weinstein's retrial on rape charges as they continue to investigate new claims that the disgraced Hollywood producer assaulted other women, saying they expect to seek a superseding indictment by late September.

  • July 09, 2024

    Alaska Senators Condemn District Judge After Resignation

    Alaska's two Republican senators reprimanded the federal judge from their state who was found by a special committee to have created a hostile work environment and had an "inappropriately sexualized relationship" with one of his clerks, and has resigned.

  • July 09, 2024

    Biz Groups, Nonprofits Back EEOC Harassment Guidelines

    Several business groups and nonprofits urged a Tennessee federal court to reject a bid from a coalition of Republican state attorneys general to block new guidance from the U.S. Equal Employment Opportunity Commission, saying the agency's guidelines are necessary for safeguarding LGBTQ+ individuals from workplace harassment.

  • July 09, 2024

    UNC Health Worker's Age Bias Mediation Ends In Stalemate

    The University of North Carolina Health Care System and a former supply chain manager have reached an impasse trying to resolve his age discrimination claims outside of court, according to a mediator's recent report.

  • July 08, 2024

    Fintech Co. Current Can't Stop Ex-GC's Depo In Bias Case

    Fintech company Current must allow the deposition of its former general counsel in a suit claiming it fostered a discriminatory work culture, a New York federal magistrate judge has ruled though the judge limited the deposition to focus on discrimination the general counsel may have personally experienced or witnessed.

  • July 08, 2024

    Polsinelli Adds Prominent Employment Attys To Calif. Offices

    Polsinelli LLP has added a pair of experienced labor and employment attorneys to its Los Angeles and San Francisco offices, bolstering the firm's wage-and-hour and general employment practice in the Golden State, according to an announcement made Monday.

  • July 08, 2024

    UPS Beats 'Old Boys' Club' Gender Bias Suit For Good

    United Parcel Service Inc. scored a pretrial win Monday in a lawsuit claiming it passed over women for promotions and gave men better pay and working conditions after a California federal judge ruled that the three plaintiffs hadn't done enough to show the shipping company discriminated against them.

  • July 08, 2024

    Biggest Michigan Decisions Of 2024: A Midyear Report

    Michigan's appellate courts started off the year with notable labor and no-fault insurance opinions, allowing retaliation claims from a whistleblower's friends who didn't make any complaints themselves, and clarifying confusing auto insurance coverage changes after legislative reforms. Here is a look at some of the biggest decisions in Michigan so far this year.

  • July 08, 2024

    State Pay Equity Laws May Ease Path For EEOC Salary Survey

    While the U.S. Equal Employment Opportunity Commission's first attempt to collect salary details from employers faced strong headwinds, experts said the proliferation of state-level pay transparency mandates may make a fresh wage data collection effort an easier lift for businesses.

Expert Analysis

  • 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.

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

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    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

  • In Focus At The EEOC: Protecting Vulnerable Workers

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    It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.

  • 4 Steps To Navigating Employee Dementia With Care

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    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Compliance Tips For Employers Facing An Aggressive EEOC

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    This year, the combination of an aggressive U.S. Equal Employment Opportunity Commission, a renewed focus on large-scale recruiting and hiring claims, and the injection of the complicated landscape of AI in the workplace means employers should be prepared to defend, among other things, their use of technology during the hiring process, say attorneys at Seyfarth Shaw.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • EEO-1 Ruling May Affect Other Gov't Agency Disclosures

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    By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • In Focus At The EEOC: Preserving Legal System Access

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    The track records of and public commentary from U.S. Equal Employment Opportunity Commission leaders — including two recently confirmed Democratic appointees — can provide insight into how the agency may approach access to justice priorities, as identified in its latest strategic enforcement plan, says Aniko Schwarcz at Cohen Milstein.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.