Discrimination

  • February 14, 2024

    Rice Co. Lacks Space For Breast Pumping, Ex-Worker Says

    A former employee of a rice company said the business forced her to go home in order to pump breast milk after she gave birth, violating federal requirements that nursing mothers have a private, safe space to pump, the worker alleged in a proposed collective action in Arkansas federal court.

  • February 14, 2024

    Dollar General Must Face Black Worker's Retaliation Claim

    Dollar General must face a Black former worker's allegation that she was fired for complaining about discrimination, a Mississippi federal judge ruled, but he found that the discount retailer's having denied her admission to a training program wasn't significant enough to sustain her race, age and sex bias claims.

  • February 13, 2024

    Oracle Inks $25M Deal To End Women's Pay Equity Action

    A group of about 4,000 women asked a California judge Tuesday to greenlight a $25 million settlement it reached with Oracle America to resolve long-running claims they were paid less than their male colleagues.

  • February 13, 2024

    Wash. Justice Worries Religious Rights Muscle Out Others

    A Washington Supreme Court justice raised concerns Tuesday over what she termed an "elevated" protected status for religious workers because doing so can "kick some civil rights laws to the side."

  • February 13, 2024

    Boeing Hit With Bias Suit By Ex-Defense Division Attorney

    Boeing was hit with an employment discrimination suit in Washington state court from a former top attorney in one of the company's finance departments who alleged that she was fired because of her race after anti-Asian sentiment saw a rise during the COVID-19 pandemic.

  • February 13, 2024

    Ex-Def Jam Exec Sues Russell Simmons Alleging 1990s Rape

    A former executive at Def Jam Recordings accused the label's co-founder, Russell Simmons, in a New York federal lawsuit filed Tuesday of raping her at his Manhattan apartment in the 1990s. 

  • February 13, 2024

    6th Circ. Says Housing Authority Head's Firing Was Justified

    The Sixth Circuit has sided with the Covington, Kentucky, housing authority against a suit filed by an executive director who was let go after repeatedly clashing with the authority's board of commissioners.

  • February 13, 2024

    Biden Admin Drops Appeal Over Trump 'Conscience Rule'

    The Biden administration will not pursue a Ninth Circuit appeal of two lower court decisions that struck down Trump-era regulations addressing the conscientious objection rights of healthcare providers, citing new rules that moot the case.

  • February 13, 2024

    Colo.'s Bid To Keep Sick Leave Law Can't Fly, Airline Org Says

    The State of Colorado can't land arguments that its sick leave law should stay in place because it relied on "obsolete" precedent while overlooking other rulings axing similar laws, an airline trade group told a Colorado federal court.

  • February 13, 2024

    NY Hospital Can't Avoid Ex-Employee's Maternity Leave Suit

    A New York hospital must face a former employee's suit alleging she was fired because she needed maternity leave, a federal judge ruled, finding the worker sustained her case through allegations that she was terminated shortly after her pregnancy announcement and that she experienced animosity from colleagues during a previous pregnancy.

  • February 13, 2024

    This Valentine's Day, Break Up With Marital Status Bias

    As Valentine's Day puts a spotlight on romance, experts say employers should be on the lookout for marital status discrimination, an often overlooked type of mistreatment that can translate to unfair treatment and intersectional bias claims.

  • February 13, 2024

    Wells Fargo, Ex-Exec Continue Bids To Win Bias Suit

    A Wells Fargo unit and one of its former investment directors are pushing their competing bids for summary judgment in a disability bias suit, each claiming there is evidence to support their arguments regarding why the director's termination occurred.

  • February 13, 2024

    Conn. Agency Loses Sanctions Bid In Worker's Noose Suit

    A Black employee of Connecticut's energy and environmental regulator who claims he found a noose in his workplace in 2018 will not face new sanctions for deleting the alleged photo evidence, a federal judge ruled Tuesday in declining to end the hostile workplace lawsuit midtrial.

  • February 13, 2024

    Pay Equity Rule For Contractor Firms Could Nudge Others

    A proposal from President Joe Biden's administration to require federal contractors to disclose pay ranges in job ads is likely to increase the pressure on private sector employers to do so even when it isn't mandated, experts told Law360.

  • February 13, 2024

    Cuomo Says Law Firms Won't Comply With Subpoenas

    Former New York Gov. Andrew Cuomo wants to force law firms Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC to turn over information about the women whose sexual misconduct accusations forced him to resign, even as those women accuse Cuomo of "blatantly" weaponizing his taxpayer-funded attorneys to mount a "revenge" campaign through the courts.

  • February 13, 2024

    3rd Circ. Says Fired Anthem Worker's Suit Lacks Proof Of Bias

    The Third Circuit declined to revive a former Anthem Companies Inc. worker's suit claiming she was targeted for termination because of her Guyanese heritage, ruling that she hadn't overcome the company's argument that her job performance was what cost her the job.

  • February 13, 2024

    2nd Circ. Probes Bias Claims Against Service Workers Union

    A Second Circuit panel on Tuesday scrutinized the parameters of a Service Employees International Union member's claim that her local unit didn't pursue her workload grievance because she's Hispanic, although the judges didn't send any clear signals as to their thinking.

  • February 13, 2024

    Officer Says He Was Denied Work Due To Race, Med. Pot Use

    A Connecticut police officer who was injured in training says he was wrongfully denied disability retirement and was unable to secure administrative work after injuring his neck, experiencing discrimination based on his race and ethnicity as well as his physical disability.

  • February 13, 2024

    Catholic Hospital's Religious Status Dooms Vaccine Bias Suit

    A Missouri federal judge granted a win to a Catholic hospital in a former nurse's lawsuit alleging she was fired because her religious beliefs barred her from getting the COVID-19 vaccine, saying it's clearly a religious employer that's immune from her claims.

  • February 13, 2024

    Foot Locker Can't Escape Fired Manager's Age Bias Suit

    Foot Locker can't avoid a former district manager's suit alleging he was fired because he was 59 years old, a Texas federal judge ruled, finding he provided enough evidence for a jury to conclude the retailer was dishonest when it said his performance was lacking.

  • February 13, 2024

    7th Circ. Backs Toss Of Chicago Mail Worker's Pay Bias Suit

    The Seventh Circuit upheld the city of Chicago's win in a female mailroom worker's suit claiming a male colleague was paid more for the same work, ruling that she didn't prove he lied about having extra job duties to justify the pay gap.

  • February 12, 2024

    Fired Wells Fargo Exec Nabs Partial Win In Retaliation Suit

    A California magistrate judge on Monday granted a partial win to a former Wells Fargo executive who sued the bank for allegedly firing him because he was a whistleblower, rejecting arguments that the bank is preempted by a provision of the National Banking Act.

  • February 12, 2024

    Tilray Slammed For 'Secret' Bid To Undo Exec's $4M Award

    A former Tilray executive accused the company of "cloak-and-dagger" legal maneuvering on Monday as she urged a federal judge to let stand her $4 million arbitration victory against the company, arguing that Tilray didn't even wait for her award to be finalized in Minnesota before running to a Washington court to void it.

  • February 12, 2024

    Ex-Levi & Korsinsky Partner Drops Sex Bias Suit Against Firm

    A former partner at Levi & Korsinsky LLP on Monday permanently dropped her New York federal court lawsuit alleging sex-based discrimination and retaliation.

  • February 12, 2024

    X Says Ex-Workers' New Sex Bias Complaint Is Still Deficient

    X Corp. urged a California federal court to throw out a proposed class action alleging that Elon Musk's takeover of the company formerly known as Twitter predominantly impacted women through an ensuing culture shift and mass layoffs, saying a new complaint does not fix flaws identified in a previous effort.

Expert Analysis

  • To Responsibly Rock Out At Work, Draft A Music Policy

    Author Photo

    Employers may be tempted to turn down the tunes after a Ninth Circuit decision that blasting misogynist music could count as workplace harassment, but companies can safely provide a soundtrack to the workday if they first take practical steps to ensure their playlists don’t demean or disrespect workers or patrons, says Ally Coll at the Purple Method.

  • 5 Surprises In New Pregnancy Law's Proposed Regulations

    Author Photo

    Attorneys at Baker McKenzie examine five significant ways that recently proposed regulations for implementing the Pregnant Workers Fairness Act could catch U.S. employers off guard by changing how pregnant workers and those with related medical conditions must be accommodated.

  • How Employers Can Take A Measured Approach To DEI

    Author Photo

    While corporate diversity, equity and inclusion programs are facing intense scrutiny, companies need not abandon efforts altogether — rather, now is the time to develop an action plan that can help ensure policies are legally compliant while still advancing DEI goals, say Erin Connell and Alexandria Elliott at Orrick.

  • Courts Should Revisit Availability Of Age Bias Law Damages

    Author Photo

    Federal courts have held that compensatory damages, including for emotional distress, are unavailable in Age Discrimination in Employment Act cases, but it's time for a revamped textualist approach to ensure plaintiffs can receive the critical make-whole remedies Congress intended the law to provide, say attorneys at Sanford Heisler.

  • Employers Should Take Note Of EEOC Focus On Conciliation

    Author Photo

    The U.S. Equal Employment Opportunity Commission's recent strategic plan signals that the agency could take a more aggressive approach when verifying employer compliance with conciliation agreements related to discrimination charges, and serves as a reminder that certain employer best practices can help to avoid negative consequences, says Jacqueline Hayduk at Foley & Lardner.

  • 7th Circ. Ruling May Steer ADA Toward Commuter Issues

    Author Photo

    Employers faced with commuting-accommodation requests from employees who do not require on-site modifications under the Americans with Disabilities Act should consider the Seventh Circuit's recent reopening of a lawsuit alleging unlawful refusal of a night-vision-challenged worker's request to extend a shift change, says Robin Shea at Constangy.

  • How Calif. Ruling Extends Worker Bias Liability To 3rd Parties

    Author Photo

    The California Supreme Court's recent significant decision in Raines v. U.S. Healthworks Medical Group means businesses that provide employment-related services to California employers can potentially be held liable for California’s Fair Employment and Housing Act violations, says Ryan Larocca at CDF Labor.

  • Anticipating The Impact Of 2 Impending New Title IX Rules

    Author Photo

    Two major amendments to Title IX — which the U.S. Department of Education is expected to finalize next month — would substantially alter the process schools must use for sexual discrimination complaints and limiting student participation in athletics based on gender identity, says Rebecca Sha at Phelps Dunbar.

  • Despite Regulation Lag, AI Whistleblowers Have Protections

    Author Photo

    Potential whistleblowers at companies failing to comply with the voluntary artificial intelligence commitments must look to a patchwork of state and federal laws for protection and incentives, but deserve comprehensive regulation in this field, say Alexis Ronickher and Matthew LaGarde at Katz Banks.

  • FCRA Legislation To Watch For The Remainder Of 2023

    Author Photo

    If enacted, pending federal and state legislation may result in significant changes for the Fair Credit Reporting Act landscape and thus require regulated entities and practitioners to pivot their compliance strategies, say attorneys at Troutman Pepper.

  • A Closer Look At Another HBCU Race Bias Suit Against NCAA

    Author Photo

    The National Collegiate Athletic Association's Academic Performance Program has become a lightning rod for scrutiny, as seen in the recently filed class action McKinney v. NCAA — where statistics in the complaint raise questions about the program's potential discriminatory impact on student-athletes at historically Black colleges and universities, say attorneys at Troutman Pepper.

  • Employer Defenses After High Court Religious Bias Decision

    Author Photo

    Following the U.S. Supreme Court's recent ruling in Groff v. DeJoy — which raised the bar for proving that a worker’s religious accommodation presents an undue hardship — employers can enlist other defense strategies, including grounds that an employee's belief is nonsectarian, say Kevin Jackson and Jack FitzGerald at Foley & Lardner.

  • Where Employers Stand After 5th Circ. Overturns Title VII Test

    Author Photo

    The substantial impact of the recent holding in Hamilton v. Dallas County means employers in the Fifth Circuit can now be liable under Title VII for a whole range of conduct not previously covered — but the court did set limits, and employers can take tangible steps to help protect themselves, say Holly Williamson and Steven DiBeneditto at Hunton.