Discrimination

  • February 22, 2024

    Beauty Co., EEOC End Dispute Over Deaf Worker's Firing

    A personal care and beauty products company agreed to pay $75,000 to end a suit from the U.S. Equal Employment Opportunity Commission accusing it of immediately firing a worker after learning she was deaf, according to a filing in Illinois federal court.

  • February 22, 2024

    Kaufman Dolowich Adds Partner In New Delaware Office

    Kaufman Dolowich has added to its newly launched Delaware office the former co-managing partner of Weber Gallagher Simpson Stapleton Fires & Newby LLP's office in the First State.

  • February 22, 2024

    'The Algorithm' Author On AI And Workplace Bias: Part 1

    Investigative journalist Hilke Schellmann, whose new book provides a firsthand look into how artificial intelligence is being used in the employment context, told Law360 in an exclusive interview that the public needs to take action to protect itself from "faulty algorithms" that amplify bias.

  • February 21, 2024

    Columbia, Barnard Don't Protect Jewish Students, Suit Says

    Columbia University and Barnard College have a long history of allowing antisemitism to run rampant on their campuses and most recently have failed to protect Jewish students from harassment and violence following the Hamas-led killings in Israel on Oct. 7, according to a lawsuit filed Wednesday in federal court in Manhattan.

  • February 21, 2024

    Morgan Stanley Bias Award Fight Belongs In NC, Judge Says

    A Morgan Stanley unit must challenge an arbitrator's conclusion that it discriminated against a white male former banker in North Carolina, where he last worked, a Georgia federal judge ruled, saying the arbitrator's presence in Atlanta during the virtual proceeding isn't enough to tether the case to the Peach State.

  • February 21, 2024

    NLRB Says Home Depot Unlawfully Restricted BLM Protest

    Home Depot violated federal law by telling a worker they could not wear a Black Lives Matter slogan on their apron and directing them to remove it, the National Labor Relations Board ruled Wednesday, saying the message was connected to earlier group complaints about racism in the workplace.

  • February 21, 2024

    Medical Test Kit Supplier Strikes Deal In EEOC's Hair Bias Suit

    The U.S. Equal Employment Opportunity Commission asked a Louisiana federal court Wednesday to sign off on a $50,000 deal with a medical testing kit supplier accusing it of unlawfully firing a Black salesperson because of her hair, arriving after the company filed for bankruptcy.

  • February 21, 2024

    'Loser Pays' Arbitration Pact Spurs Age Bias Case's Revival

    An Ohio state appeals court revived a fired orthodontist's age bias suit claiming she was sacked after complaining that a younger colleague harassed her, ruling that a trial court was too quick to kick the case to arbitration in light of the contract's potentially problematic "loser pays" clause.

  • February 21, 2024

    MLB Wants Out Of Ex-Scouts' Colorado Age Bias

    Major League Baseball took another swing at dismissing a proposed age discrimination class action filed by several former scouts Tuesday, stressing that the vast majority of the suit has no place in Colorado federal court.

  • February 21, 2024

    Alito's Ire Over Excused Christian Jurors Sparks Tricky Debate

    Justice Samuel Alito recently criticized a state court's decision to dismiss Christian jurors from a sexual orientation discrimination case because of their views on homosexuality, highlighting thorny questions about the intersection of faith and LGBTQ rights that divide legal experts.

  • February 21, 2024

    4th Circ. Won't Revive Ex-NC Assistant AG's Bias Suit

    The Fourth Circuit on Wednesday refused to revive a former assistant attorney general's gender and disability bias suit against the North Carolina Department of Justice, finding her medical conditions weren't extreme enough to warrant pausing the deadline to refile her complaint.

  • February 21, 2024

    Judge Floats Sanctions For Union's 'Bad Faith' Recusal Bid

    A Michigan federal judge won't recuse himself from a defamation case involving two unions after a claim was raised that he expressed bias against the East Coast, instead asking the defendants why sanctions shouldn't be imposed for "bad faith" litigating.

  • February 21, 2024

    Law Firms Rip Cuomo Subpoenas As 'Abusive' And 'Wasteful'

    Law firms Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC said in a letter Tuesday filed in federal court that former New York Gov. Andrew Cuomo's subpoena regarding their sex harassment investigation "is plainly improper and is another in a string of abusive and wasteful tactics."

  • February 21, 2024

    Ex-Law Prof Wants High Court To Hear Gender Bias Suit

    A white female former law professor urged the U.S. Supreme Court to hear her suit against Texas Southern University, saying the Fifth Circuit held her to too high of a standard to show she was subjected to so much bullying that she was forced to quit.

  • February 21, 2024

    Spencer Fane Adds Labor Pro In Houston From Porter Hedges

    Spencer Fane LLP has strengthened its labor and employment practice with a partner in Houston who came aboard from Porter Hedges LLP.

  • February 21, 2024

    La. Bakery Illegally Fired Pregnant Cook, EEOC Says

    A New Orleans bakery fired a pastry cook just days after she started because she experienced pregnancy complications and told her it would rehire her after she gave birth, the U.S. Equal Employment Opportunity Commission said in a complaint filed in Louisiana federal court. 

  • February 21, 2024

    Physical Therapy Co. Settles EEOC Pregnancy Bias Suit

    A physical therapy practice agreed to hand over $70,000 to end a U.S. Equal Employment Opportunity Commission suit alleging it rescinded an occupational therapist's job offer after learning she was pregnant, according to a Maryland federal court filing.

  • February 21, 2024

    Bradley Arant Adds Ex-Baker Botts Labor, Employment Leader

    Bradley Arant Boult Cummings LLP is deepening its bench in the Lone Star State with the addition of its latest partner in Dallas, the former chair of Baker Botts' labor and employment practice.

  • February 20, 2024

    Liberal Justices Hint Chevron Deference Hanging By A Thread

    In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.

  • February 20, 2024

    Ill. Public Defender Sues Over Display Of Israeli Army Photo

    An Illinois public defender filed a First Amendment lawsuit against her county employer after she was reprimanded for a photograph of her holding a gun in front of an Israeli flag that she displayed in an office area in response to the Oct. 7 Hamas terrorist attack in Israel.

  • February 20, 2024

    4 Ways Employers Can Shield Teen Workers From Harassment

    Whether it's to stay off the U.S. Equal Employment Opportunity Commission’s radar, avoid costly legal liability or simply be decent, there are plenty of reasons for employers to protect young workers from sexual harassment. Here, experts discuss four ways businesses can do that.

  • February 20, 2024

    Kirkland Can't Get 'Invasive' Atty Info From 2 BigLaw Firms

    A California federal magistrate judge barred Kirkland & Ellis LLP from subpoenaing confidential personnel information from a former intellectual property associate's prior employers, Paul Hastings LLP and Fish & Richardson PC, in its defense against her discrimination suit, ruling that Kirkland's subpoena requests are "invasive," irrelevant and "amazingly broad."

  • February 20, 2024

    9th Circ. Reinstates Air Traffic Controller's Age Bias Suit

    The Ninth Circuit revived a suit Tuesday from an air traffic controller who said the Federal Aviation Administration passed him over for promotions because of his age, ruling the agency can't hide behind a carveout that allows it to restrict the positions to younger applicants.

  • February 20, 2024

    Conn. State Worker Wins $5K In Racial Hostility Claims

    Connecticut's state energy and environmental regulator is liable for the hostile work environment that a Black employee endured before and after he claimed that he found a noose near his workstation in June 2018, a federal jury has found.

  • February 20, 2024

    Tennis Organization Found Negligent In Pro's Sexual Assault

    A Florida federal judge has sided with tennis pro Kylie McKenzie, finding that the U.S. Tennis Association did not do enough to monitor her coach Anibal Aranda, who sexually assaulted her.

Expert Analysis

  • Workplace Challenges Amid Israeli-Palestinian Conflict

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    Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • High Court's Job Bias Questions May Predict Title VII Ruling

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    Employers may be able to predict — and prepare for — important changes to workplace discrimination laws by examining the questions the U.S. Supreme Court asked during oral arguments for Muldrow v. St. Louis, where several justices seemed to favor a low threshold for Title VII suits, says Wendy LaManque at Pryor Cashman.

  • 2 Cases Highlight NJ Cannabis Employment Law Uncertainties

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    More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Sex Harassment Arbitration Exemption: Devil Is In The Date

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    A Federal Arbitration Act amendment that exempts workplace sexual harassment claims from arbitration is muddled in ongoing confusion about its chronological reach — and as many such cases begin to run up against applicable statutes of limitations, the clock is ticking for claimants to bring their actions in court, says Abe Melamed at Signature Resolution.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Lessons Learned From 2023's Top FMLA Decisions

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    This year’s most significant Family and Medical Leave Act decisions offer lessons on the act's technical requirements, including the definition of serious health condition, compliance with notice requirements and whether it is permissible to give an employee substantial extra work upon their return from leave, says Linda Dwoskin at Dechert.

  • Artificial Intelligence Is In Need Of Regulation — But How?

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    Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • 10 Steps To Reduce Risks From AI Employment Tools

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    In light of the White House’s recent executive order on responsible use of artificial intelligence, companies using AI tools to make employment decisions should take steps to understand and mitigate the legal risks posed by these products and keep up with the rapidly evolving regulations that govern them, say attorneys at Cooley.