Discrimination

  • February 20, 2024

    SEIU Local Beats Cleaner's Race Bias Suit At 2nd Circ.

    The Second Circuit declined Tuesday to revive a race bias suit from a Hispanic office cleaner who said her union unlawfully failed to press a grievance about her workload, saying the worker hadn't shown that prejudice influenced the union's decision making.

  • February 20, 2024

    Alito 'Concerned' Jurors Can Be Axed For Religious Beliefs

    U.S. Supreme Court Justice Samuel Alito said Tuesday he is "concerned" about the prospect of potential jurors being dismissed because of their religious beliefs, as the justices declined to hear a case in which Christian jurors were excused over their views on homosexuality.

  • February 20, 2024

    High Court Won't Wade Into CSX Medical Leave Fight

    The U.S. Supreme Court on Tuesday rejected former CSX Transportation employees' push for review of a Fourth Circuit ruling that ended their suit claiming they were unlawfully fired for requesting medical leave.

  • February 20, 2024

    Ex-IBM Workers Can't Get Justices To Tackle Age Bias Battle

    The U.S. Supreme Court on Tuesday turned away a group of ex-IBM workers' bid for review of a Second Circuit ruling that said they had to pursue age bias claims in arbitration rather than court, despite their argument that the decision conflicted with high court precedent.

  • February 20, 2024

    Engineer Can't Get High Court Look At Service Dog ADA Suit

    The U.S. Supreme Court refused on Tuesday to review a disability bias suit from a Union Pacific train engineer, leaving in place an Eighth Circuit ruling that said the company wasn't required to let the military veteran bring a service dog to work to help cope with PTSD.

  • February 20, 2024

    Justice Alito Rips 'Dangerous' Denial Of Admissions Case

    U.S. Supreme Court Justice Samuel Alito slammed his colleagues' refusal to wade into a dispute over a Virginia high school's use of race in admissions decisions Tuesday, calling a Fourth Circuit decision upholding the policy "patently incorrect and dangerous" and the high court's willingness to let it stand "hard to understand."

  • February 20, 2024

    1st Circ. Backs Genzyme Win In Worker's Race Bias Case

    Genzyme Therapeutic Products LP saw its pretrial win in a discrimination case upheld by the First Circuit, which found that a Black manager did not offer enough proof to show that his poor performance review was the result of racial bias.

  • February 16, 2024

    Trump Campaign Slams Ex-Aide's Adult Survivor's Act Suit

    Donald Trump's presidential campaign asked a New York judge Friday to throw out a former aide's lawsuit alleging she was raped by her campaign supervisor, saying she can't revive time-barred claims under the Adult Survivor's Act because she isn't a New York resident and the alleged assault didn't happen there.

  • February 16, 2024

    Ex-Fox News Staffer Ends Suit Alleging Sex Assault By Ailes

    A former Fox News booking director has dropped her suit accusing the company of inaction when the late executive Roger Ailes allegedly sexually assaulted her, according to a joint stipulation filed in New York state court on Friday.

  • February 16, 2024

    Jimmy Iovine Accuser Ends NY Sex Assault Suit

    An unnamed woman who accused Interscope Records co-founder Jimmy Iovine of sexual abuse and battery has dropped her legal claims, according to a Thursday filing in New York state court.

  • February 16, 2024

    DOL To Appeal Disclosure Of Contractor Demographic Reports

    The U.S. Department of Labor says it will appeal a ruling from a California federal judge requiring it to cough up thousands of federal contractors' workforce demographic reports that the judge said were not protected from disclosure as either commercial data or trade secrets.

  • February 16, 2024

    11th Circ. Upholds Insurer's Win In Worker's Health Bias Fight

    The Eleventh Circuit on Friday rejected a former Alfa Mutual Insurance Co. worker's bid to reopen her disability discrimination suit accusing the insurer of illegally firing her to sidestep high healthcare costs related to her multiple sclerosis and severe migraines.

  • February 16, 2024

    ADA Does Not Protect Medical Pot Use, Vt. Court Says

    A Vermont transit worker can't pursue a civil rights lawsuit against his employer who terminated him after he tested positive for marijuana, a Vermont federal judge has ruled, saying the Americans with Disabilities Act doesn't protect people with disabilities treated with medical marijuana.

  • February 16, 2024

    Workday Deputy GC Wants Atty's Bias Suit Tossed

    A deputy general counsel for Workday urged a California federal court to dismiss her from a Black former subordinate's claims of harassment, retaliation and discrimination, arguing that the Maryland-based worker was improperly seeking the protection of California state laws.

  • February 16, 2024

    Jewish Teacher Says Bias Suit Dismissal Flouted Case Law

    A Jewish middle school teacher who claims she faced unfair treatment at work due to her religion and repercussions for posting on Facebook about an assault by a student has urged a federal judge to rethink an early win granted to her school district against her retaliation and bias claims.

  • February 16, 2024

    Colo. Must Guard Against Unfair Bar Exam Asks, Official Says

    A high-ranking Colorado official on Friday told a state judge in Denver that the state lawyer licensing authority must deny accommodation requests from bar applicants who don't have proper documentation in order to avoid anyone getting an undue advantage on the exam.

  • February 16, 2024

    NYC Salary Range Rules Take Shape Amid Recent Crackdown

    Among the series of complaints New York City fired off in the past six months accusing companies of flouting its salary transparency law are three cases that experts said shine a much-needed light on what the city's civil rights enforcement arm considers a reasonable wage range for a job ad.

  • February 16, 2024

    4th Circ. Rejects Ex-Hoops Coach's Appeal Of Bias Suit Loss

    The Fourth Circuit refused to revive a former Maryland high school basketball coach's race and sex discrimination suit, saying school officials' belief that she had used an expletive to denounce white people during a team meeting was enough to sustain its decision to fire her.

  • February 16, 2024

    Calif. Forecast: Coverall Wage Cases Head To 9th Circ. Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a pair of cases against janitorial franchising company Coverall North America Inc. Here's a look at those cases and other labor and employment matters coming up in California.

  • February 16, 2024

    NY Forecast: 2nd Circ. Hears Xerox Healthcare Union Case

    In the coming week, the Second Circuit will consider a union's argument to overturn a lower court decision holding that a union could not arbitrate a grievance over Xerox's decision to end health benefits for retired workers. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 16, 2024

    Judge Trims Ex-CFO's Sex Bias Claims Against Anderson Kill

    A New York federal judge on Thursday trimmed sex bias claims from a former chief financial officer's disability discrimination lawsuit against insurance recovery law firm Anderson Kill PC, while denying the firm's request to disqualify the former executive's counsel.

  • February 16, 2024

    Trump Atty Didn't Go 'Rogue' In Pushing Club NDA, Court Told

    A former server suing a Trump Organization golf club over a nondisclosure agreement that she was allegedly illegally induced to sign by one of Donald Trump's lawyers has urged a New Jersey state court to keep her suit alive, arguing that the club's motion to dismiss relies on "absurd" arguments.

  • February 16, 2024

    Applicant Lost Job Offer Over Cancer Diagnosis, EEOC Says

    The U.S. Equal Employment Opportunity Commission hit two property management companies with a disability bias suit in Massachusetts federal court, claiming they rescinded a job offer after the applicant was diagnosed with breast cancer. 

  • February 15, 2024

    Kirkland Fights Uphill To Get Atty's Info From 2 BigLaw Firms

    A California federal magistrate judge appeared skeptical Thursday of Kirkland & Ellis' bid to subpoena confidential personnel information from a former IP associate's prior employers Paul Hastings LLP and Fish & Richardson PC in Kirkland's defense against her discrimination suit, telling counsel the requests seem overbroad and "at best marginally relevant."

  • February 15, 2024

    NJ Court Affirms Tossing Of Corrections Worker's Bias Suit

    The New Jersey Department of Corrections provided reasonable accommodations for a secretarial assistant and continually engaged in a "responsive interactive process" regarding her disability, a state appellate court found Thursday in affirming the dismissal of her suit alleging a hostile work environment.

Expert Analysis

  • What Employers Can Learn From EEOC's 2023 ADA Priorities

    Author Photo

    Between a spike in Americans with Disabilities Act suits filed by the Equal Employment Opportunity Commission in 2023 and the agency’s newly released priorities, the EEOC has provided employers a preview of several ADA issues — like web accessibility, pregnancy discrimination and inflexible policies — it will likely focus enforcement on next year, says Stacy Bunck at Ogletree.

  • Eye On Compliance: EEOC Focus On Workplace AI

    Author Photo

    With the U.S. Equal Employment Opportunity Commission’s recent guidance and enforcement focus on the use of artificial intelligence tools during the hiring process and other job-related assessments, companies should be mindful that anti-discrimination laws apply equally to both human- and AI-generated decisions, say Laura Stutz and Lisa Ackerman at Wilson Elser.

  • 5th Circ. Ruling Sets Bostock, Faith Exemption Up For Review

    Author Photo

    The Fifth Circuit's Braidwood v. Equal Employment Opportunity Commission decision could tee up U.S. Supreme Court review of whether employing an individual to whose protected class the employer objects infringes on the employer's religious beliefs, potentially narrowing LGBTQ worker protections from the high court's 2020 Bostock v. Clayton County decision, says Adam Grogan at Bell Law.

  • Legal Profession Gender Parity Requires Equal Parental Leave

    Author Photo

    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Why Employers Should Refrain From 'Quiet Firing'

    Author Photo

    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.

  • 5 New Calif. Laws Employers Need To Know

    Author Photo

    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.

  • 3 Employer Strategies To Streamline Mass Arbitrations

    Author Photo

    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.

  • How AI 'Cultural Fit' Assessments Can Be Analyzed For Bias

    Author Photo

    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.

  • High Court's Old, Bad Stats Analysis Can Miss Discrimination

    Author Photo

    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.

  • Transparency And Explainability Are Critical To AI Compliance

    Author Photo

    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.

  • In Focus At The EEOC: Emerging And Developing Issues

    Author Photo

    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.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

    Author Photo

    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.

  • AI Isn't The Wild West, So Prepare Now For Bias Risks

    Author Photo

    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.