Discrimination

  • October 25, 2024

    Mitchell Silberberg Hires Warner Bros. Discovery Attorney

    Mitchell Silberberg & Knupp LLP has hired Warner Bros. Discovery Inc.'s chief employment counsel to help strengthen the firm's national labor and employment practice and its entertainment bench.

  • October 25, 2024

    9th Circ. Says Muldrow Reopens Asian Worker's Bias Suit

    The Ninth Circuit revived a former supply chain manager's lawsuit alleging she was demoted because she's Asian American, saying a lower court should take another look at the case based on a recent U.S. Supreme Court decision clarifying the standard for workplace discrimination claims.

  • October 25, 2024

    Calif. Forecast: $5.5M Amazon COVID Screening Deal At Court

    In the coming week, attorneys should keep an eye out for potential final approval of a $5.5 million settlement in a COVID-19 screening class action against Amazon. Here's a look at that case and other labor and employment matters coming up in California.

  • October 25, 2024

    EEOC Gets $110K Default Win In Fired Atty's Retaliation Suit

    A government contractor has been ordered to pay its former attorney more than $110,000 in back pay, interest and compensatory damages after a Maryland federal judge found the contractor's CEO retaliated against the lawyer after she turned down his sexual advances.

  • October 24, 2024

    'Jeopardy!' Workers Lodge Race, Gender Bias Claims

    A Black production executive and her Latina colleague with decades of experience working on "Jeopardy!" and "Wheel of Fortune" have accused Sony Pictures Entertainment of race, gender and age discrimination as well as retaliation, according to complaints filed with both the National Labor Relations Board and California's Civil Rights Department.

  • October 24, 2024

    8th Circ. Unsure About 'Honest Belief' Defense In ADA Suit

    The full Eighth Circuit struggled Thursday with whether a former Hardee's franchisee illegally fired a diabetic for missing work for a medical emergency, as judges appeared torn on whether a jury should consider the company's defense that it had "honest belief" that she violated its attendance policy.

  • October 24, 2024

    CFPB Cautions Over 'Unchecked Surveillance' Of Workers

    The Consumer Financial Protection Bureau said Thursday it is taking action to protect consumers from "unchecked surveillance" in the labor force, issuing guidance that warns companies to get consent from workers when using algorithmic hiring scores or other outside profiling data for employment purposes.

  • October 24, 2024

    6th Circ. Backs GE, Union Win Over Worker's Age Bias Suit

    The Sixth Circuit refused Thursday to revive a General Electric employee's claims that he was passed over for promotions because he's in his 60s and his union failed to adequately represent him, finding younger candidates got higher scores on qualification tests that he couldn't pass.

  • October 24, 2024

    EEOC Reaches Deal With Rehab Center In Nurse's Bias Suit

    A rehabilitation and assisted living facility has reached a deal with the U.S. Equal Employment Opportunity Commission to end a disability discrimination lawsuit by a nurse with a sleep disorder who the agency said was unlawfully fired, according to a filing in Texas federal court.

  • October 24, 2024

    Logistics Cos. Don't Let Workers Avert Tobacco Fee, Suit Says

    Two Connecticut-based logistics companies unlawfully charge employees who use tobacco an extra fee for obtaining health insurance without offering full reimbursement if they complete a smoking cessation program, according to a proposed class action filed in federal court. 

  • October 24, 2024

    State Farm Agrees To Settle Immigration Bias Row With DOJ

    The U.S. Department of Justice said Thursday that State Farm Mutual Automobile Insurance Co. will pay $30,000 in back pay and penalties to settle claims that one of its Texas corporate offices fired a worker for flagging citizenship discrimination.

  • October 24, 2024

    MSU Moves To Spike Ex-Football Coach's Termination Fight

    Michigan State University officials want a federal judge to toss the wrongful termination suit of its former football coach Mel Tucker, whom the school fired amid sexual misconduct allegations, arguing Wednesday it followed policy and has immunity based on state and federal law.

  • October 24, 2024

    IBM Pans Fired White Worker's Diversity Quota Claims

    IBM disputed a white former consultant's claim that the company fired him to fulfill diversity targets in a court filing Wednesday, saying the worker's allegations that the company has racial and gender-based hiring quotas are unsupported. 

  • October 24, 2024

    Co-Worker's Affair With Father Made Work Hostile, Suit Says

    A former employee of a healthcare research company has said she was forced to resign from her job after a co-worker developed an "unhealthy obsession" with her father, making sexual comments about him and engaging in a torrid affair while he participated in one of the company's clinical trials.

  • October 24, 2024

    Conn. High Court Snapshot: $13M Tax Appeals, Will Dispute

    The Connecticut Supreme Court's second term of the 2024-2025 season will commence Monday with a dispute over whether an attorney bungled a will that sought to divide a $845,368 TD Ameritrade account among five beneficiaries, only one of whom received any cash.

  • October 24, 2024

    Sports Gear Co. Hit With EEOC Age Bias, Retaliation Suit

    A sports gear company fired a worker after she complained about an organizational restructuring that favored younger workers with less experience than older workers, the U.S. Equal Employment Opportunity Commission alleged in Colorado federal court.

  • October 24, 2024

    Cop's Fitness Exam May Qualify As Retaliation, 6th Circ. Told

    A trial court wrongly tossed an Ohio police officer's suit claiming he was sidelined for complaining about age bias, the U.S. Equal Employment Opportunity Commission said, telling the Sixth Circuit that forcing him to undergo a fitness assessment could qualify as unlawful retaliation.

  • October 24, 2024

    Auto Co. Inks Deal With EEOC To Settle Sex Harassment Suit

    An automotive services company has agreed to pay $80,000 to settle a U.S. Equal Employment Opportunity Commission suit in Michigan federal court claiming it failed to step in when a female worker complained that a male supervisor repeatedly propositioned her for sex.

  • October 24, 2024

    DOL Says H-2A Farmworker Protections Must Remain

    The U.S. Department of Labor urged a Georgia federal court to uphold its new protections for foreign H-2A farmworkers, arguing that conservative-led states' bid to block its rule should fail because safeguarding foreign workers is key to ensuring better pay and conditions for American-born farmworkers.

  • October 23, 2024

    Ex-Kia, Hyundai Workers Seek Conditional Cert. In FLSA Suit

    Mexican nationals accusing Kia and Hyundai units of failing to pay overtime have urged a Georgia federal court to grant them conditional certification for their fair labor collective action claims, saying there are others who likely also didn't get proper wages.

  • October 23, 2024

    Jury Awards Fired SF Rail Workers Over $7.8M In Vax Trial

    A California federal jury on Wednesday awarded combined damages of more than $7.8 million to six former Bay Area Rapid Transit District employees after finding the rail agency committed religious discrimination by refusing to exempt them from a COVID-19 vaccination mandate.

  • October 23, 2024

    Fla. Law Firm Gets Win In Trial Over Pregnancy Bias

    A Florida federal judge on Wednesday granted a judgment in favor of a law firm accused of firing its former human resources manager because she was pregnant, agreeing that the evidence presented at trial wasn't sufficient to prove a discrimination claim.

  • October 23, 2024

    How A California Intersectionality Law Might Boost Equal Pay

    A new law enshrining the principle of intersectionality in California's anti-discrimination statutes may lead to ripple effects in equal pay litigation and discourse, attorneys say, as courts will be more inclined to recognize that unequal pay can be driven by a combination of factors.

  • October 23, 2024

    NYC Lawmakers Propose Giving Workers Sick Time For Pets

    Two New York City Council members introduced a bill Wednesday that would let workers use sick leave to care for pets and service animals, a novel move that one lawmaker said is meant to promote the health benefits of animal ownership.

  • October 23, 2024

    Texas, Think Tank Say EEOC Bostock Guidance Should Get Ax

    Texas and a conservative D.C. think tank told a federal court Wednesday it should block the U.S. Equal Employment Opportunity Commission from issuing workplace harassment guidance based on the U.S. Supreme Court's Bostock decision, arguing the agency repeatedly misconstrued the ruling and exceeded its authority.

Expert Analysis

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

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    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

  • Handling Religious Objections To Abortion-Related Job Duties

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    While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.

  • Transgender Worker Rights: A Guide For California Employers

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    California employers should know their obligations under overlapping state and federal law to protect the rights of their transgender, nonbinary and gender-nonconforming workers, and implement best practices to avoid discriminating in how they hire and promote, offer medical benefits to, and prevent harassment of these employees, says Michael Guasco at Littler.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

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    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • In Focus At The EEOC: Eliminating Recruiting, Hiring Barriers

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    While the recruiting and hiring segment of the U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan spotlights the potential discriminatory effects of artificial intelligence, employers should note that it also touches on traditional bias issues such as unlawfully targeted job advertisements and application inaccessibility, say Rachel See and Annette Tyman at Seyfarth.

  • A Look Into The Developing Regulation Of Employer AI

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    Although employers' use of artificial intelligence is still limited, legislators and companies have been ramping up their efforts to regulate its use in the workplace, with employers actively contributing to the ongoing debate, say Gerald Hathaway and Marc-Joseph Gansah at Faegre Drinker.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • 2nd Circ. Ruling Clarifies Title VII Claim Standards

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    The Second Circuit's recent opinion in Banks v. General Motors, although it does not break new ground legally, comes at a crucial time when courts are reevaluating standards that apply to Title VII claims of discrimination and provides many useful lessons for practitioners, says Carolyn Wheeler at Katz Banks.

  • In Focus At The EEOC: Preventing Systemic Harassment

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    With the U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan identifying a renewed commitment to preventing and remedying systemic harassment, employers must ensure that workplace policies address the many complex elements of this pervasive issue — including virtual harassment and workers' intersecting identities, say Ally Coll and Shea Holman at the Purple Method.

  • Cos. Must Reassess Retaliation Risk As 2nd. Circ. Lowers Bar

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    After a recent Second Circuit decision broadened the federal standard for workplace retaliation, employers should reinforce their nondiscrimination and complaint-handling policies to help management anticipate and monitor worker grievances that could give rise to such claims, says Thomas Eron at Bond Schoeneck.

  • An Employer's Guide To EEOC Draft Harassment Guidance

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    Rudy Gomez and Steven Reardon at FordHarrison discuss the most notable aspects of the U.S. Equal Employment Opportunity Commission’s recently proposed workplace harassment guidance, examine how it fits into the context of recent enforcement trends, and advise on proactive compliance measures in light of the commission’s first update on the issue in 24 years.

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

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    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

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    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.