Discrimination

  • 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hit two property management companies with a disability bias suit in Massachusetts federal court, claiming they rescinded a job offer after the applicant was diagnosed with breast cancer.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.

  • 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.

Expert Analysis

  • 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.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Mass. Age Bias Ruling Holds Employer Liability Lessons

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    The Massachusetts Supreme Judicial Court’s recent ruling in Adams v. Schneider Electric — upholding a laid-off employee’s age discrimination claim — is an important reminder that employers may face liability even if a decision maker unknowingly applies a discriminatory corporate strategy, say attorneys at Armstrong Teasdale.

  • Regulating AI: Litigation Questions And State Efforts To Watch

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    In view of the developing legal and regulatory framework for artificial intelligence systems in the U.S., including state legislation and early federal litigation, there are practical takeaways as we look toward the future, says Jennifer Maisel at Rothwell Figg.

  • Regulating AI: An Overview Of Federal Efforts

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    The U.S. has been carefully managing a national policy and regulatory ecosystem toward artificial intelligence, but as AI technology continues to expand into our everyday lives, so too has its risks and the need for regulation, says Jennifer Maisel at Rothwell Figg.

  • Justices' Job Transfer Review Should Hold To Title VII Text

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    The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • What EEOC's 2023 Stats Mean For Future Enforcement

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    The Equal Employment Opportunity Commission’s unusual burst of spring lawsuits and its new Democratic majority should cue employers and HR personnel to expect EEOC enforcement activity to ramp up to pre-pandemic rates, especially in regions where filings are on the rise and in those areas the agency appears to be targeting, such as workplace discrimination, say Andrew Scroggins and James Nasiri at Seyfarth Shaw.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.