Discrimination

  • April 22, 2024

    J&J Fired Worker For Old Case Against New Boss, Suit Claims

    A former senior medical affairs director for Johnson & Johnson's research unit sued the company on Friday in New Jersey state court, alleging she was fired in retaliation for a separate lawsuit filed years earlier in which she named a boss from her prior employer who had recently joined Johnson & Johnson.

  • April 22, 2024

    NC Justice Dept. Seeks Early Win In Promotion Bias Suit

    The North Carolina Department of Justice urged a federal court to take its side in an attorney's lawsuit alleging she faced discrimination at the agency for being a Black woman, arguing that the white man who got the job for which she'd interviewed was the most qualified candidate.

  • April 22, 2024

    Wash. Judge Questions If Professor Was Punished For Views

    A Washington federal judge seemed to doubt Monday that the University of Washington went too far when it removed a professor's political statements from his syllabi, noting that the comments were disruptive because they caused students to drop the mandatory course.

  • April 22, 2024

    6th Circ. Backs Ohio City's Win In COVID Layoff Age Bias Suit

    The Sixth Circuit affirmed the dismissal of an Ohio public service commissioner's bias suit alleging he was swept up in a round of layoffs because of his older age, ruling Monday that the city showed COVID-19-related budget concerns drove its decision-making, not prejudice.

  • April 22, 2024

    NY Becomes First State In US To Mandate Paid Prenatal Leave

    With its budget passage Saturday, New York became the first state in the U.S. to implement paid leave for pregnant employees to attend doctor's appointments, expanding its paid family leave law to create a new bank of up to 20 hours for this purpose.

  • April 22, 2024

    Jury Awards VA Worker $100K In Sex Harassment Suit

    A Massachusetts federal jury handed a $100,000 win to a U.S. Department of Veterans Affairs employee in her lawsuit alleging she was forced to find a new role after her supervisor repeatedly hugged and kissed her without consent and blocked her exit from his office.

  • April 22, 2024

    IRS Failed To Act After Supervisor Groped Worker, Court Told

    An IRS employee told an Iowa federal court Monday that her supervisor groped her and made a sexually degrading comment about her during a meeting but that the agency "has done nothing" to protect her, despite an investigation concluding the harassment had likely occurred.

  • April 22, 2024

    Citing Cozen O'Connor Ties, Pa. Judge Leaves Bias Case

    Despite originally declining to recuse himself from a surgeon's gender discrimination case against Thomas Jefferson University Hospital when an attorney from his son-in-law's firm, Cozen O'Connor, became involved, U.S. District Judge Michael M. Baylson changed his mind now that the case is set for a retrial.

  • April 22, 2024

    Ohio College Settles Athlete's Down-Syndrome Bias Suit

    Ohio's Hocking College has settled a discrimination lawsuit filed by the mother of the first college football player with Down syndrome to score during a game, following accusations his former supervisor at the student recreation center threatened him with a knife.

  • April 22, 2024

    Ga. Pesticide Maker Denies DOL Whistleblower Charges

    A Georgia pesticide maker has denied all wrongdoing after being hit with a U.S. Department of Labor complaint earlier this year that accused the company of firing a whistleblower who complained about her exposure to dangerous chemical fumes.

  • April 22, 2024

    High Court Turns Away Ex-HP Worker's Disability Bias Suit

    The U.S. Supreme Court on Monday refused to take up a former Hewlett Packard employee's challenge to a Fourth Circuit decision finding he wasn't entitled to a jury trial over allegations that he was fired for seeking accommodations to treat an arthritic toe.

  • April 22, 2024

    Va. School District Beats Teacher's Disability Bias Suit

    A Virginia school district defeated a math and science teacher's suit claiming the school refused to let her temporarily teach remotely after being diagnosed with a respiratory illness, with a federal judge finding parts of her job required her to be at the school.

  • April 22, 2024

    Trulieve Strikes Deal To End Ex-Worker's Whistleblower Suit

    Cannabis company Trulieve reached a deal with a Black former manager to end his suit alleging he was fired after reporting a supervisor's sexual misconduct and several safety violations, a filing in Florida federal court said.

  • April 22, 2024

    Airline Fires Male Pilot Over Earring, Sex Bias Suit Says

    Republic Airways fired a pilot because he wore an earring to work in violation of a company appearance policy that unlawfully discriminates against workers based on gender expression, the pilot told a New York federal court Monday.

  • April 22, 2024

    5 New State Employment Laws Passed This Year So Far

    State legislatures around the country are winding down legislative sessions that began in January, bringing newly enacted employment laws into effect in the coming months. From child labor to pay inequality to mandatory overtime, Law360 looks at five state laws that employers will have to comply with.

  • April 19, 2024

    Wells Fargo Faces Sex Bias Suit Over 'Degrading' Workplace

    A Wells Fargo bond saleswoman sued the bank Friday in Illinois federal court, accusing it of sex discrimination by creating "an unapologetically sexist working environment" and passing her up for promotions despite her years of experience in the investment banking world.

  • April 19, 2024

    Corrections Dept. Can't End Sex Bias Suit Over Strip Searches

    The Virginia Department of Corrections must face a gender bias suit alleging it made workers strip naked after body scans flagged their contraceptive devices or menstruation products, a federal judge found Friday, saying the agency's actions appeared to target women.

  • April 19, 2024

    Hospital Can't Ax Ex-Worker's Disability Suit Over COVID Vax

    A New York hospital system must face an ex-worker's lawsuit alleging he was fired after refusing to get a coronavirus vaccine because of his atrial fibrillation, with a federal judge saying Friday he adequately showed the company refused to consider the bulk of medical exemption requests.

  • April 19, 2024

    CVS Narrows But Can't End HIV Patients' Disability Bias Suit

    A California federal judge declined to toss a disability bias lawsuit brought by HIV or AIDS patients alleging CVS Pharmacy Inc. made their medication harder to get, saying federal regulations and even an internal company study warned that the program at issue was potentially problematic.

  • April 19, 2024

    Ex-Paramedic Hits Harris County With Sex Bias Lawsuit

    A former Houston-area paramedic is accusing a county emergency services provider of pushing her out of her job after she was sexually harassed even though she wasn't the one who reported the harassment.

  • April 19, 2024

    Calif. Panel Says Wedbush Waived Arbitration Flag Too Late

    A U.S. Supreme Court might have changed the arbitration landscape in suits involving California's Private Attorneys General Act, but Wedbush Securities Inc. still waited too long to try pushing out of court financial advisers' claims, a California state appeals court ruled.

  • April 19, 2024

    Quest Punished Black Worker For Flagging Racism, Suit Says

    Quest Diagnostics has been sued in Pennsylvania federal court by a former phlebotomist who said she faced racial discrimination from patients and retaliation from management when she complained.

  • April 19, 2024

    Ex-Defender Says High Court Ruling Backs Bias Claims

    A former assistant federal defender urged a North Carolina district court to consider a recent U.S. Supreme Court ruling in her sexual harassment lawsuit, arguing the high court's decision backs her claims for employment discrimination against the federal judiciary.

  • April 19, 2024

    Grocery Chain Will Pay Up To Quell EEOC Harassment Charge

    Sprouts Farmers Market agreed to pay $265,000 to end a charge lodged with the U.S. Equal Employment Opportunity Commission after an agency investigation found reasonable cause to believe workers at the organic grocery chain faced sexual harassment and were punished for complaining about it, the EEOC announced Friday.

  • April 19, 2024

    NY Forecast: Judge Considers School District Race Bias Suit

    This week a New York federal judge will consider a school district's bid to dismiss a lawsuit brought by a Black former technology specialist who claims he was fired after facing discrimination on the job based on his race. Here, Law360 explores this and other cases on the docket in New York.

Expert Analysis

  • Address Complainants Before They Become Whistleblowers

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    A New York federal court's dismissal of a whistleblower retaliation claim against HSBC Securities last month indicates that ignored complaints to management combined with financial incentives from regulators create the perfect conditions for a concerned and disgruntled employee to make the jump to federal whistleblower, say attorneys at Cooley.

  • Why Corporate DEI Challenges Increasingly Cite Section 1981

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    As legal challenges to corporate diversity, equity and inclusion initiatives increase in the wake of the U.S. Supreme Court's ruling on race-conscious college admissions last year, Section 1981 of the Civil Rights Act is supplanting Title VII as conservative activist groups' weapon of choice, say Mike Delikat and Tierra Piens at Orrick.

  • Inside OMB's Update On Race And Ethnicity Data Collection

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    The Office of Management and Budget's new guidelines for agency collection of data on race and ethnicity reflect societal changes and the concerns of certain demographics, but implementation may be significantly burdensome for agencies and employers, say Joanna Colosimo and Bill Osterndorf at DCI Consulting.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • The Shifting Landscape Of Physician Disciplinary Proceedings

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    Though hospitals have historically been able to terminate doctors' medical staff privileges without fear of court interference, recent case law has demonstrated that the tides are turning, especially when there is evidence of unlawful motivations, say Dylan Newton and Michael Horn at Archer & Greiner.

  • Anti-DEI Complaints Filed With EEOC Carry No Legal Weight

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    Recently filed complaints against several companies' diversity, equity and inclusion programs alleging unlawful discrimination against white people do not require a response from the U.S. Equal Employment Opportunity Commission, and should not stop employers from rooting out ongoing discriminatory practices, says former EEOC general counsel David Lopez.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • What Minority Biz Law Ruling Could Mean For Private DEI

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    A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.

  • Texas Hair Bias Ruling Does Not Give Employers A Pass

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    A Texas state court’s recent decision, holding that a school could discipline a student with locs for refusing to cut his hair, should not be interpreted by employers as a license to implement potentially discriminatory grooming policies, says Dawn Holiday at Jackson Walker.

  • Broadway Ruling Puts Discrimination Claims In The Limelight

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    A New York federal court's recent decision in Moore v. Hadestown Broadway that the employers' choice to replace a Black actor with a white actor was shielded by the First Amendment is the latest in a handful of rulings zealously protecting hiring decisions in casting, say Anthony Oncidi and Dixie Morrison at Proskauer.

  • Breaking Down California's New Workplace Violence Law

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    Ilana Morady and Patrick Joyce at Seyfarth discuss several aspects of a new California law that requires employers to create and implement workplace violence prevention plans, including who is covered and the recordkeeping and training requirements that must be in place before the law goes into effect on July 1.

  • Studying NY, NJ Case Law On Employee Social Media Rights

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    While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.