Discrimination

  • February 15, 2024

    Ga. Univ. System Immune To Retaliation Suit, 11th Circ. Says

    An Eleventh Circuit panel on Thursday ruled Georgia's university system is immune from a former employee's retaliation suit since it acted as an arm of the state even while administering federal funding for a children's Head Start program.

  • February 15, 2024

    6th Circ. Backs Coke Bottler's Win In Ex-Worker's ADA Suit

    The Sixth Circuit refused Thursday to reopen a disability discrimination suit by a worker with Tourette syndrome who alleged that a Coca-Cola bottling company illegally forced him to quit, saying he was lawfully transferred after customers complained about offensive language he involuntarily uttered.

  • February 15, 2024

    America First Legal Says Disney Favors Women, Minorities

    A group founded by former Trump adviser Stephen Miller accused the Walt Disney Co. of discriminating against white men in its hiring and promotion decisions and on Wednesday asked the U.S. Equal Employment Opportunity Commission to investigate.

  • February 15, 2024

    Pilots Union Requests Dismissal Of Retirement Age Row

    An Illinois federal judge should toss a senior pilots group's duty of fair representation claim over the Air Line Pilots Association's opposition to a congressional proposal to raise the profession's mandatory retirement age, the union argued Thursday, saying its political stance isn't linked to a collective bargaining role.

  • February 15, 2024

    Michigan Wants 1 Panel For 3 Appeals Of LGBTQ Rights Laws

    The Michigan Civil Rights Commission asked the Sixth Circuit to put three separate appeals brought by religious organizations objecting to the state's laws designating gender identity and sexual orientation as protected classes before the same merits panel, arguing that doing so would ensure judicial consistency.

  • February 15, 2024

    Psych Evals In Sex Harassment Cases Can Scar Plaintiffs

    A federal judge recently mandated lengthy psychiatric evaluations for a worker alleging her mental health suffered after facing sexual harassment, a decision experts said shows the toll workers can pay for pursuing bias lawsuits involving their emotional well-being.

  • February 15, 2024

    EEOC To Wipe Away Trump-Era Conciliation Regulations

    The U.S. Equal Employment Opportunity Commission announced Thursday it will remove Trump-era changes to its pre-conciliation process from the regulatory books over two years after lawmakers nullified the updates.

  • February 15, 2024

    Reed Smith Wants To Shield Internal Probe In Bias Suit

    Reed Smith LLP urged a New Jersey federal judge Thursday to seal an internal investigation report as the firm fights a long-running age and racial discrimination suit brought by a former paralegal, arguing her pro-se motion to unseal the report was "untimely and largely nonsensical."

  • February 15, 2024

    Ex-Beauty Store Worker Says Boss's Tirade Was Bias

    A former beauty supply store worker is suing her ex-employer in Florida federal court, alleging she was discriminated against and wrongfully terminated following a tirade by her supervisor over a memory loss disability, and says the business could owe $482,000 in back pay despite her working there for only a month.

  • February 15, 2024

    Bradley Arant Hires Liskow & Lewis Employment Pro In Houston

    A longtime Liskow & Lewis attorney has jumped to Bradley Arant Boult Cummings LLP's labor and employment practice in Houston in an effort to further the firm's strategic growth in Texas.

  • February 15, 2024

    EEOC, Facilities Co. End Disability Bias Suit Over Fitness Test

    A facilities management company agreed to pay $520,000 to resolve a U.S. Equal Employment Opportunity Commission suit in Arkansas federal court claiming the company fired employees who failed a physical fitness test that disproportionately screened out workers with disabilities.

  • February 14, 2024

    Bar Seeker Says Colo. Blocking Needed Accommodations

    A recent law school graduate on Wednesday urged a Colorado state judge to order the state's legal licensing authority to give him extra time on this month's bar exam, laying out in sometimes emotional testimony how his visual impairments and ADHD affect his ability to take the test and how state officials have failed to accommodate him.

  • February 14, 2024

    Apple Unit Must Face Revived Bias And Retaliation Claims

    An Apple software subsidiary must face a former employee's gender discrimination and retaliation claims, a California appellate panel ruled on Tuesday, saying there is substantial evidence of discrimination toward the employee that raises a triable issue related to why she left the company.

  • February 14, 2024

    Union Says Religion Not Behind Fired Flight Attendants' Posts

    Two Alaska Airlines flight attendants alleging they were terminated from their positions for their religious convictions after making online posts about gender identity should have to prove their discrimination claims at trial, their union said, arguing that the attendants' real motive for posting publicly was political.

  • February 14, 2024

    EEOC's Samuels Urges Caution Toward Religious Requests

    Evaluating requests for religious accommodations can be a complex process that employers should navigate "very carefully" given courts' historical track record of protecting religious expression, U.S. Equal Employment Opportunity Commission Vice Chair Jocelyn Samuels said at a virtual legal seminar Wednesday.

  • February 14, 2024

    Senior Care Co. Axed Receptionist Over Age, EEOC Says

    A Georgia senior living community that had allegedly pressured a receptionist in her 70s to retire for several years unlawfully fired her because she was briefly hospitalized for high blood pressure, the U.S. Equal Employment Opportunity Commission claimed in a Wednesday complaint.

  • February 14, 2024

    GOP Senator Wants Confirmation Hearing On Labor Secretary

    Sen. Bill Cassidy, R-La., called on the Senate Committee on Health, Education, Labor and Pensions to hold another hearing on the nomination of Julie Su to the position of secretary of labor, arguing that Su's record as acting secretary deserves public scrutiny.

  • February 14, 2024

    House Talks Show 'Reinvigorated' Push To Lift Damages Caps

    House lawmakers have been discussing raising decades-old restrictions on financial damages available under federal employment discrimination law, conversations that experts said may set the stage for revising these ceilings in the future. Here, lawyers discuss the arguments for and against the damages limits, and the implications of the legislators' current discussions.

  • February 14, 2024

    NY Nonprofit Dodges Worker's Pregnancy, Race Bias Suit

    A New York City economic development nonprofit dodged an Asian employee's lawsuit claiming she was given poor performance reviews and diminished compensation because of her race and pregnancy, after a federal judge found the worker failed to overcome the company's explanation that her communication skills were lacking.

  • February 14, 2024

    Va. Farms Settle H-2A Workers' Allegations Of OT Violations

    A wage dispute lodged by two Mexican farmworkers who accused a Virginia agricultural association and two farms of cheating them and other temporary agricultural workers out of over $2.5 million in overtime pay is now settled, the parties said Wednesday.

  • February 14, 2024

    Black Dental Worker's Race Bias Suit Falls Short At 11th Circ.

    The Eleventh Circuit refused Wednesday to reinstate a lawsuit from a Black dental hygienist who said her race and complaints about discrimination cost her her job, saying she hadn't cast doubt on a dental practice's argument that it fired her because of concerns about her behavior.

  • February 14, 2024

    MLS Says Coach Aimed At Wrong Org In Race Bias Suit

    Major League Soccer has told a New York federal court it should toss a race bias suit brought by a coach, arguing the organization is the wrong defendant and the coach should be suing the individual teams who denied him head coaching positions instead.

  • February 14, 2024

    2nd Circ. Nixes LGBTQ Groups' Suit Against HHS Grant Policy

    The Second Circuit on Wednesday affirmed a trial court's dismissal of a suit by a group of LGBTQ advocacy organizations against the U.S. Department of Health and Human Services challenging a Trump-era notice that the agency wouldn't enforce a rule barring HHS grant recipients from discriminating.

  • February 14, 2024

    Bronx DA's Office Says Ex-Worker's FMLA Claim Is Invalid

    The Bronx District Attorney's office asked a New York federal judge to dismiss a former employee's suit accusing it of discrimination under the Family and Medical Leave Act and a racially driven promotion denial, arguing that she was unable to properly establish her claims.

  • February 14, 2024

    Fired Ga. Teacher Sues District Over 'Censorship Policies'

    A teacher who was ousted from her job at a school near the Atlanta area last year for reading a picture book about gender stereotypes to her class has sued the school district, accusing it of sex discrimination, retaliation and enforcing policies punishing educators for supporting LGBTQ+ students.

Expert Analysis

  • AI's Baked-In Bias: What To Watch Out For

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    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.

  • 'Miss Manners' Scenarios Holds Job Accommodation Lessons

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    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.

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

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    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.

  • Handling Religious Objections To Abortion-Related Job Duties

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    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.

  • Transgender Worker Rights: A Guide For California Employers

    Excerpt from Practical Guidance
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    California employers should know their obligations under overlapping state and federal law to protect the rights of their transgender, nonbinary and gender-nonconforming workers, and implement best practices to avoid discriminating in how they hire and promote, offer medical benefits to, and prevent harassment of these employees, says Michael Guasco at Littler.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

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    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • In Focus At The EEOC: Eliminating Recruiting, Hiring Barriers

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    While the recruiting and hiring segment of the U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan spotlights the potential discriminatory effects of artificial intelligence, employers should note that it also touches on traditional bias issues such as unlawfully targeted job advertisements and application inaccessibility, say Rachel See and Annette Tyman at Seyfarth.

  • A Look Into The Developing Regulation Of Employer AI

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    Although employers' use of artificial intelligence is still limited, legislators and companies have been ramping up their efforts to regulate its use in the workplace, with employers actively contributing to the ongoing debate, say Gerald Hathaway and Marc-Joseph Gansah at Faegre Drinker.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • 2nd Circ. Ruling Clarifies Title VII Claim Standards

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    The Second Circuit's recent opinion in Banks v. General Motors, although it does not break new ground legally, comes at a crucial time when courts are reevaluating standards that apply to Title VII claims of discrimination and provides many useful lessons for practitioners, says Carolyn Wheeler at Katz Banks.

  • In Focus At The EEOC: Preventing Systemic Harassment

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    With the U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan identifying a renewed commitment to preventing and remedying systemic harassment, employers must ensure that workplace policies address the many complex elements of this pervasive issue — including virtual harassment and workers' intersecting identities, say Ally Coll and Shea Holman at the Purple Method.

  • Cos. Must Reassess Retaliation Risk As 2nd. Circ. Lowers Bar

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    After a recent Second Circuit decision broadened the federal standard for workplace retaliation, employers should reinforce their nondiscrimination and complaint-handling policies to help management anticipate and monitor worker grievances that could give rise to such claims, says Thomas Eron at Bond Schoeneck.

  • An Employer's Guide To EEOC Draft Harassment Guidance

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    Rudy Gomez and Steven Reardon at FordHarrison discuss the most notable aspects of the U.S. Equal Employment Opportunity Commission’s recently proposed workplace harassment guidance, examine how it fits into the context of recent enforcement trends, and advise on proactive compliance measures in light of the commission’s first update on the issue in 24 years.