Discrimination

  • 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.

  • 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.

Expert Analysis

  • What To Expect From High Court's Whistleblower Case

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    The U.S. Supreme Court's upcoming decision in Murray v. UBS Securities will likely have widespread implications for the future of anti-retaliation whistleblower litigation, and could make it more difficult for would-be whistleblower-employees to succeed on anti-retaliation claims under the Sarbanes-Oxley Act, say Ann-Elizabeth Ostrager and Diane McGimsey at Sullivan & Cromwell.

  • 'Equal Harassment' Is No Shield Against Title VII Claims

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    The Ninth Circuit’s decision in Sharp v. S&S Activewear, rejecting an employer's claim that it did not create a sexually hostile work environment because the misogynist music it played offended all workers equally, reminds companies that they can face Title VII liability even when misconduct does not target a specific group, says Laura Lawless at Squire Patton.

  • Recent Changes Mark A Key Moment For New York High Court

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    Recent developments in the New York Court of Appeals — from rapid turnover and increasing diversity, to a perception among some of growing politicization — mark an important turning point, and the court will continue to evolve in the coming year as it considers a number of important cases, say attorneys at Gibson Dunn.

  • How End Of Forced Arb. Is Affecting Sex Harassment Cases

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    A little over a year after the Ending Forced Arbitration of Sexual Assault Act became effective, we have started seeing substantive interpretation of the EFAA, almost exclusively from the U.S. district courts in New York, and there are two key takeaways for employers, says Lisa Haldar at Lawrence & Bundy.

  • Adjusting Anti-Harassment Policies For Remote Work

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    Limited employee oversight and a lack of privacy in virtual meetings are just two examples of drawbacks to remote work that increase the risk of workplace harassment — but employers can adapt their existing anti-harassment policies to better suit these circumstances, says Ellen Holloman at Cadwalader.

  • Worker Accommodations After Justices' Religious Bias Ruling

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    While the U.S. Supreme Court's recent Groff v. DeJoy decision makes it easier for employees to obtain religious accommodations under Title VII, it also guarantees more litigation over what counts as a substantial hardship for businesses, as lower courts will have to interpret the exact contours of the new standard, says Caroline Corbin at the University of Miami School of Law.

  • The Differing Court Approaches To Pay Equity Questions

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    Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Calif. Whistleblower Decision Signals Change For Employers

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    Because the California Supreme Court's recent The People v. Kolla's decision significantly expands employee whistleblower protections, employers should ensure that internal reporting procedures clearly communicate the appropriate methods of reporting and elevating suspected violations of law, say Alison Tsao and Sophia Jimenez at CDF Labor Law.

  • What Affirmative Action Ruling Means For Higher Ed And Cos.

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    The U.S. Supreme Court's holding that race-conscious admissions programs at two educational institutions violate the Constitution's equal protection clause applied the "strict scrutiny" standard that governs race-conscious programs in a way that will be very difficult for educational institutions and other entities to satisfy, say attorneys at Jenner & Block.

  • Pay Transparency And ESG Synergy Can Inform Initiatives

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    The proliferation of pay transparency laws and ESG initiatives has created unique opportunities for companies to comply with the challenging laws while furthering their social aims, says Kelly Cardin at Ogletree.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • Formula In New York City AI Bias Law Is Not Ready For Use

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    New York City will soon begin enforcing its law regulating the use of artificial intelligence in employment decisions, but the statute's bias audit rules introduced a problematic scoring rate formula that should be rectified before it's mandated for use in the real world, says Jey Kumarasamy at BNH.AI.