Discrimination

  • 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.

  • 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.

Expert Analysis

  • Tick Tock: When Punctuality Raises Employee ADA Questions

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    A recent viral TikTok video — where a user claims they were disrespected by a potential employer when inquiring about accommodations for difficulty with being on time — shows that even in the most seemingly questionable situations, there may be legitimate issues that require Americans with Disabilities Act considerations, says Daniel Pasternak at Squire Patton.

  • Tips For Making And Maintaining Employee Resource Groups

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    Employers should consider creating employee resource groups to create a workplace that can flourish in the new remote work reality, and keep in mind three best practices to avoid potential legal pitfalls and challenges that come with them, say Tyler Paetkau and Catarina Colón at Husch Blackwell.

  • Employer Pointers From Tiger Woods' Legal Dispute With Ex

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    Ex-girlfriend Erica Herman's sexual harassment suit against Tiger Woods, which was recently sent to arbitration, highlights the need for employers to understand their rights and responsibilities around workplace relationships, nondisclosure agreements and arbitration provisions, say Stephanie Reynolds and Sean McKaveney at Fisher Phillips.

  • Equinox Bias Verdict Shows Swift Employer Response Is Key

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    A nearly $11.3 million jury verdict against Equinox in New York federal court shows just how high the stakes are for employers dealing with harassment and discrimination in the workplace, and how important consistent investigation and discipline are when responding to individual internal complaints, says Jennifer Huelskamp at Porter Wright.

  • A Midyear Review Of EEOC's Gender-Related Priorities

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    The U.S. Equal Employment Opportunity Commission’s 2023-2027 strategic enforcement plan focuses on various gender-related issues such as the enactment of pregnancy discrimination and pay transparency laws, and now, more than halfway through the fiscal year, the EEOC's enforcement of such laws is set to surpass previous years, say attorneys at Proskauer.

  • Employer Drug-Testing Policies Must Evolve With State Law

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    As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.

  • Insurance Implications Of High Court Affirmative Action Ruling

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    The U.S. Supreme Court's recent ruling striking down affirmative action admissions policies at Harvard University and the University of North Carolina will likely result in more litigation related to hiring practices, with implications for insurance coverage, meaning policyholders must remain wary of exclusions and other potential roadblocks, say attorneys at Pillsbury.

  • 4 Strategies To Counter Antisemitism In The Workplace

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    With antisemitism on the rise in the U.S., employers have a duty to help Jewish employees feel safe and supported in their professional lives by adapting the four points of the Biden administration's National Strategy to Counter Antisemitism for the workplace, say Johanna Zelman and Rachel Ullrich at FordHarrison.

  • Employer Steps To Protect DEI Plans Post-Affirmative Action

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    The U.S. Supreme Court’s decision to end affirmative action in higher education may embolden opponents of diversity, equity and inclusion efforts in the employment context, but employers can take steps to mitigate litigation risks while still advancing their internal policy goals, say Greg Demers and Renai Rodney at Ropes & Gray.

  • Unpacking The POWR Act, Colo.'s New Work Harassment Law

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    With the August rollout of Colorado’s Protecting Opportunities and Workers' Rights Act set to make it easier for employees to claim harassment, companies should confirm that their harassment prevention programs satisfy the law’s requirements and provide a clear method to investigate any future claims, say Mamie Ling and Michael Freimann at Armstrong Teasdale.

  • Complying With AI Guidance In Employment Decisions

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    Following the Equal Employment Opportunity Commission’s recently updated guidance on the use of artificial intelligence for employment-related decisions, employers need to adapt in kind to ensure they are using technology in a responsible, compliant and nondiscriminatory manner, say Luke Bickel and Yasamin Parsafar at Sheppard Mullin.

  • NY, Minn. Set Pace For Employee Breastfeeding Protections

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    Breastfeeding employees have gotten increased legal protections through recently effective amendments in New York and Minnesota, and the laws underline the need for employers to watch for state-level legislative efforts to extend these protections beyond federal requirements, say John Litchfield and Miranda Curtis at Foley & Lardner.

  • Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.