Discrimination

  • February 12, 2024

    Ex-Paralegal Asks Del. Justices To Undo Jobless Pay Ruling

    A former Morris James LLP paralegal on Monday urged Delaware's highest court to let him collect a year's worth of unemployment benefits, arguing a lower court erred in finding that a payment he received when leaving the firm was severance pay rather than compensation for a whistleblower claim.

  • February 12, 2024

    House Lawmakers Consider Lifting Bias Law Damages Caps

    Democrats and Republicans within the House Committee on Education and the Workforce have expressed interest in eliminating the decades-old restrictions on how much money plaintiffs can win in federal employment discrimination cases, a House Democratic aide told Law360 on Monday.

  • February 12, 2024

    8th Circ. Won't Revive Kansas City Educator's Race Bias Case

    The Eighth Circuit refused Monday to reopen a former school employee's lawsuit alleging he was fired by the Kansas City, Missouri, school district because he's Black, finding he failed to identify an appropriately comparable colleague who was treated differently.

  • February 12, 2024

    Ex-NJ County Health Director Claims Ouster Due To Age, Politics

    The former executive director of a Garden State county's health department has claimed that he was fired in retaliation for reporting a secret meeting he had with a newly elected county commissioner who asked about his age and how much longer he planned on working, according to a lawsuit filed in New Jersey state court.

  • February 12, 2024

    Financial Services Co. Underpaid Women Execs, Ex-VP Says

    Trustly Inc. vastly underpaid female executives compared to their male colleagues in keeping with a misogynistic "tech-bro culture," according to a former vice president who claimed in a complaint filed in New Jersey federal court that she was discharged for raising concerns about the pay disparity.

  • February 12, 2024

    Cordell & Cordell Seeks Early Win In Suit By Fired Paralegal

    A family law firm has asked a Kansas federal judge to grant it a win in a former paralegal employee's lawsuit claiming she was mistreated and fired after reporting sexual harassment, saying her termination was because of performance issues.

  • February 12, 2024

    5th Circ. Upholds Miss. Medical Center's Win In Bias Suit

    The Fifth Circuit backed the University of Mississippi Medical Center's win over a former information technology employee's suit alleging he was passed over for a promotion because he's Black and has depression, finding he failed to demonstrate he was obviously more qualified than the candidate chosen.

  • February 12, 2024

    Media Cos. Must Face Ex-Worker's Religious, Race Bias Suit

    A North Carolina federal judge refused to release two media companies from a Black Muslim former employee's lawsuit, saying he adequately claimed his firing was an act of retaliation but failed to allege enough specifics to indicate a hostile work environment.

  • February 12, 2024

    FEMA Atty Says Bias, Retaliation Plagued Workplace

    An Asian attorney for the Federal Emergency Management Agency was pushed out of her job after complaining that a male colleague harassed her, and she was given clerical work stereotypical of her gender and race, she told a California federal court.

  • February 09, 2024

    Texas City Challenges $8M Race Discrimination Verdict

    A Texas city that lost a multimillion-dollar discrimination case brought by its Black former city manager appealed the jury verdict to the Fifth Circuit just as the manager's attorneys moved for $1.2 million in fees in federal court.

  • February 09, 2024

    Amazon Cut Delivery Co. To Punish Complaints, Suit Says

    Amazon mischaracterized the employment of a package delivery servicer and severed the team's contract after its leader complained about alleged sexual harassment, violating Massachusetts employment law, the team leader told a state court Friday.

  • February 09, 2024

    3rd Circ. Won't Revive Fired Officer's Infertility Leave Bias Suit

    The Third Circuit on Friday backed the dismissal of a juvenile probation officer's suit claiming she was fired for requesting time off to recover from an infertility-related procedure, ruling that she hadn't put forward enough proof to disqualify the state's assertion she was fired for sloppy case filings.

  • February 09, 2024

    10th Circ. Reopens Medical Worker's Age Discrimination Suit

    The Tenth Circuit revived a medical professional's suit alleging an Oklahoma clinic terminated him after a medical emergency because he was over 60 years old, finding Friday a lower court erred in concluding that he hadn't shown his age was a determining factor.

  • February 09, 2024

    EEOC Top Atty Calls Bias Law Damages Caps 'Unacceptable'

    U.S. Equal Employment Opportunity Commission general counsel Karla Gilbride told Law360 on Friday that the decades-old limits on how much money plaintiffs can win in federal employment discrimination cases are "morally unacceptable."

  • February 09, 2024

    New York Teacher Pays $75K For Mock Slave Auction Harm

    A northern New York teacher will pay $75,000 for holding a mock slave auction of Black students in her classroom, settling a federal suit over a lesson a 10-year-old student's mother said emotionally damaged her son.

  • February 09, 2024

    NY Forecast: 2nd Circ. To Hear Eatery Challenge $5M Verdict

    This week the Second Circuit will consider a request from the operator of New York City restaurants to undo a $5 million judgment against it in a class action brought by tipped workers who claimed they were improperly paid under New York law. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 09, 2024

    X Says Ex-Worker's Feelings Can't Sustain Age, Sex Bias Suit

    X Corp., formerly known as Twitter, said it shouldn't have to face a proposed class action alleging it pushed out women and older workers after Elon Musk took over, telling a California federal court that an ex-employee's subjective perception of the billionaire's policies couldn't support the case.

  • February 09, 2024

    Furniture Co. Settles EEOC's Racial Slur Firing Suit For $105K

    A furniture retailer told a Louisiana federal court it has agreed to hand over $105,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging it fired a Black employee after he complained that a colleague used racial slurs on the job.

  • February 09, 2024

    GE Aerospace To Pay $443K To End DOL Sex Bias Probe

    GE Aerospace will pay $443,000 to resolve the U.S. Department of Labor's allegations that it discriminated against women by failing to hire qualified female applicants to fill manufacturing operations associate positions in its Rutland, Vermont, facility, the agency said Friday.

  • February 09, 2024

    NY Appeals Court OKs Court System's Vax Exemption Denial

    A New York appeals court tossed a lawsuit that challenged the state court system's denial of more than two dozen religious exemption applications related to a COVID-19 vaccination mandate, stating Thursday that the state agency's "blind review" of the application procedure was aboveboard and fair.

  • February 09, 2024

    NJ Courts Reject Liability In Ex-Judge's Harassment Suit

    The New Jersey Administrative Office of the Courts asked a state court to remove it as a defendant from a municipal court administrator's sexual harassment suit against a former municipal judge, saying the parties were not employees of the AOC.

  • February 09, 2024

    Workday Bias Case Should Stay In Calif., Md.-Based Atty Says

    A Black senior counsel at Workday urged a California federal court to keep alive his race and disability discrimination suit against the human resources services company and a deputy general counsel, saying his claims under California law are valid despite his living in Maryland.

  • February 09, 2024

    Calif. Forecast: Nurses' Overtime Issue At 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a consolidated collective action dealing with whether nurses for the City and County of San Francisco are exempt from overtime. Here's a look at that case and other labor and employment matters on deck in California.

  • February 09, 2024

    1st Circ. Says Lack Of Evidence Dooms Age Bias Suit

    The First Circuit upheld the dismissal of an applicant's suit claiming he was disqualified for a plant manager job at a container manufacturer because he was 60 years old, ruling that there's no proof the company knew his age when he didn't get the position.

  • February 09, 2024

    EEOC Scores $1.7M Verdict In ADA Case For Deaf Job Seeker

    A New York federal jury sided with the U.S. Equal Employment Opportunity Commission in a suit alleging a grocery distribution company refused to interview or hire a deaf job applicant, saying the distributor should pay the worker nearly $1.7 million for its wrongdoing.

Expert Analysis

  • Gauging The Scope Of NYC's New AI Employment Law

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    Although employers have received some guidance on the requirements of New York City's new restriction on the use of automated employment decision tools, there are many open questions to grapple with as Local Law 144 attempts to regulate new and evolving technology, say attorneys at Gibson Dunn.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Inflexible Remote Work Policies Can Put Employers In A Bind

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    As made clear in the recent decision by a Pennsylvania federal court in Oross v. Kutztown University, employers need to engage in individualized assessments of all requests for exemptions or accommodations to return-to-work policies to avoid potentially violating the Americans with Disabilities Act or Rehabilitation Act, say attorneys at Troutman Pepper. 

  • Congress Should Ban Employee Body Size Discrimination

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    New York City's recent enactment of a law that bans employers from discriminating against applicants and employees because of their height or weight should signal to Congress that now is the time to establish federal legislation that would prohibit such harmful practices, says Joseph Jeziorkowski at Valiant Law.

  • Why Employers Should Heed High Court Web Designer Ruling

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    While not an employment law ruling, the U.S. Supreme Court's recent decision in the First Amendment case 303 Creative v. Elenis raises serious questions for employers that constitute public accommodations and have related anti-discrimination policies, says Tanner Camp at Foley & Lardner.

  • What To Expect From The EEOC's Proposed Pregnancy Law

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    U.S. Equal Employment Opportunity Commission regulations implementing the Pregnant Workers Fairness Act require accommodations for many conditions related to pregnancy and childbirth, and while the final rule won't be published until the public comment period expires in October, employers should act promptly, says Amy Gluck at FisherBroyles.

  • Employer Best Practices For Pay Transparency Compliance

    Excerpt from Practical Guidance
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    With conflicting pay transparency and disclosure laws appearing across the country, employers must carefully develop different strategies for discussing compensation with employees, applicants, and off-site workers, disclosing salaries in job ads, and staying abreast of new state and local compliance requirements, says Joy Rosenquist at Littler Mendelson.

  • Congress Must Level The Employer Arbitration Playing Field

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    Federal courts have largely eviscerated state bans on arbitration of employment claims through Federal Arbitration Act preemption holdings, and they are also limiting the impact of the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, so Congress needs to step in and amend both laws, says Alan Kabat at Bernabei & Kabat.

  • What 11th Circ. Revival Of Deaf Employee's Bias Suit Portends

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    The Eleventh Circuit's recent Beasley v. O'Reilly Auto Parts decision, which created a circuit split involving the issue of linking accommodations under the Americans with Disabilities Act to essential job functions, is a curiosity about the court's analysis at least and a potential game changer for employer duties at most, says John Doran at Sherman & Howard.

  • What To Watch As Justices Take Up Title VII Job Transfer Case

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    With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.

  • Parsing EEOC Guidance On Accommodating Low Vision

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    Employers need to examine recent Equal Employment Opportunity Commission guidance on provisions for employees who are blind or partially sighted, particularly on the consequences of terminating an employee with blindness or low vision without meeting obligations under the Americans with Disabilities Act, says Amy Epstein Gluck at FisherBroyles.

  • 5 Tips For Employers Handling Generative AI Privacy Risks

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    Employers should carefully consider the privacy implications of using generative artificial intelligence tools, and employ steps to mitigate the risks, such as de-identifying data, providing notice and identifying data flows, say Zoe Argento and Amy Kabaria at Littler.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.