In the final month of 2023, the U.S. Supreme Court will hear a case over whether lateral job transfers can qualify as unlawful discrimination, and the First Circuit will consider reviving a suit by Whole Foods workers who say they were illegally fired for wearing Black Lives Matter apparel. Here's a look at oral argument sessions that discrimination lawyers should keep an eye on in December.
Pay transparency compliance data from Colorado, Washington state and New York City reveals how government agencies are prioritizing giving employers a second chance before wielding penalties while also managing the challenge of counting on vulnerable job applicants for tips, attorneys say.
A former Philadelphia assistant district attorney asked the Third Circuit on Wednesday to revive her employment discrimination lawsuit against city District Attorney Larry Krasner for denying her a religious exemption to his office's mandate that all employees be vaccinated against COVID-19.
The Biden administration has hit back at a Christian business association's attempt to block its policy requiring businesses to offer insurance for gender transition procedures, saying the group lacks standing for having failed to allege specific harms suffered by its members.
Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.
BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.
The U.S. Supreme Court returns Monday for the last argument session of the calendar year to consider whether bankruptcy courts have the authority to sign off on third-party liability releases in Chapter 11 plans, whether Congress can tax unrealized foreign gains, and which standard should be used to determine the viability of employment discrimination claims.
Aerospace and defense contractor Collins Aerospace interfered with a worker's state and federal right to take medical leave, the employee alleged, by refusing to allow her to revoke her resignation in lieu of a period of short-term disability leave.
A former associate who complained about sexism at Booz Allen was unlawfully fired when the consulting firm deemed a news article — in which she disclosed that she had been sexually assaulted — breached company policy, she claimed in a federal lawsuit.
A Washington federal judge expressed mild concern Friday about the "sheer number" of exhibits attached to a group of firefighters' discrimination lawsuit against the city of Seattle over its COVID-19 vaccine mandate, doubtful that the court would even be able to consider the contents of the 1,130 pages while weighing the plaintiffs' claims.
The Sixth Circuit refused to upend Tennessee State University's jury win over a math professor's suit claiming he was denied a promotion because he's from Chile, saying Friday his failure to properly ask the district court for a new trial doomed his appeal.
A home health care company refused to allow an employee to have a family member drive her to work sites after she suffered a seizure and later fired her, the U.S. Equal Employment Opportunity Commission said in a lawsuit filed in Michigan.
A worker asked a California federal court to approve a $1.05 million settlement with online car dealer Carvana, saying the deal is the best way to end his proposed wage and hour class action that could cover more than 1,200 workers.
The Sixth Circuit has revived a minority-owned government contractor's racial discrimination claim against a consultant who allegedly made false statements about it to a Detroit suburb, ruling in a precedential opinion that a lower court wrongly dinged the contractor for not using "magic words" in its civil rights complaint.
This week, the Second Circuit will hear a Broadway producer's attempt to revive his lawsuit claiming the Actors' Equity Association launched an illegal boycott against him after a labor dispute over a show. Here, Law360 explores this and other major labor and employment cases on the docket in New York.
Physicians' groups will ask the Sixth Circuit to reinstate their suit claiming the federal government is illegally forcing them to provide gender transition-related care, while American Airlines pilots will try to get their military leave class action back on track at the Third Circuit. Here, Law360 looks at three appellate argument sessions that should be on benefits attorneys' radar in December.
Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.
A Second Circuit panel on Friday declined to resuscitate a Connecticut doctor's defamation lawsuit against Jackson Lewis PC, upholding a trial judge's ruling that the firm could not be sued for forwarding a sexual assault and harassment investigation commissioned by a hospital to employees who needed to review it.
A Delaware Superior Court judge has affirmed an unemployment board's decision denying an ex-Morris James LLP paralegal a year's worth of unemployment benefits after he agreed to leave the firm amid claims that he was retaliated against after he accused one of its partners of misconduct.
In the coming week, attorneys should keep an eye out for oral arguments at the Ninth Circuit in a proposed racial discrimination class action against Uber. Here's a look at that case and other labor and employment matters on deck in California.
The National Football League has urged the Second Circuit to dismiss an appeal of a lower court's decision to compel arbitration by former Miami Dolphins head coach Brian Flores and others for portions of their racial discrimination suit, arguing they have no right to such an appeal under federal arbitration law.
A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.
A food services company's insurer owes no coverage for an employee's workers' compensation and other wrongful termination claims, a California appeals court ruled, finding that the company did not timely report the workers' compensation claims and that the other claims fell outside the relevant policy period.
A mining and construction equipment company can't avoid a Hispanic employee's lawsuit claiming he was denied training opportunities, demoted and mocked because of his race and a finger injury, a Texas federal judge ruled, saying the allegations are detailed enough to stay in court.
A Texas federal judge granted a contractor services company a win in a Black former employee's suit alleging she was given menial tasks, denied promotions and ultimately fired because of her race and gender, ruling she hadn't put forward enough proof of bias to keep her suit alive.
A New Jersey federal judge granted a win to the Port Authority of New York and New Jersey in a Black employee's discrimination suit, saying she failed to rebut the transit authority's argument that she was passed over for promotions in favor of more qualified candidates.
Retired U.S. Supreme Court Justice Sandra Day O'Connor, the court's first female member, died Friday at 93, according to the court. Justice O'Connor's position at the ideological center of the court gave her outsized influence in controversial cases during her 25-year tenure.
Foley & Lardner LLP has rescinded a job offer to a former summer associate and recent Georgetown University Law Center graduate over her public comments about Hamas' attack on Israel, the law firm said Thursday.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Robin Shea at Constangy looks at the potentially negative legal consequences for employers who follow some advice recently given in the Washington Post's "Miss Manners" column, and offers solutions of her own.
Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.
While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.