Discrimination

  • October 21, 2024

    Ogletree Shareholder Who Went In-House 'Returning Home'

    Communications company WPP Group USA's vice president and counsel for the Americas rejoined Ogletree Deakins Nash Smoak & Stewart PC on Monday as a labor and employment shareholder, the firm said.

  • October 21, 2024

    DC Circ. Homes In On Comparators In MoFo Race Bias Case

    A D.C. Circuit panel questioned if a Black contract lawyer put enough detail in his discrimination lawsuit against Morrison Foerster LLP to merit its reopening, grappling Monday with whether he had provided enough information about the firm's treatment of white attorneys in similar roles.

  • October 21, 2024

    Ex-Court Atty's Gender Bias Claims Cut From Workplace Suit

    Pennsylvania federal judge has reduced a lawsuit filed by a former Northampton County Court of Common Pleas lawyer who alleges she was forced to resign because of her treatment in the workplace, ruling that while her gender bias claims fall short, the case can proceed on her retaliation claims.

  • October 21, 2024

    9th Circ. Revives Atty's ADA Suit Against Calif. Bar

    The State Bar of California may not have sovereign immunity that would allow it to duck an attorney's federal lawsuit claiming it failed to provide him with adequate disability accommodations during a bar exam amid the height of the COVID-19 pandemic, the Ninth Circuit said Monday.

  • October 21, 2024

    Texas Univ. Hospital Agrees To Resolve DOL Race Bias Probe

    A Dallas medical center affiliated with the University of Texas will pay $900,000 after a U.S. Department of Labor investigation found evidence that it discriminated against thousands of Black job applicants, the DOL said Monday.

  • October 21, 2024

    Justices Turn Away Ex-Raytheon Workers' Vaccine Bias Suit

    The U.S. Supreme Court declined Monday to review the dismissal of a lawsuit alleging Raytheon Technologies Corp. harassed and forced out employees who received religious exemptions from its COVID-19 vaccine policy, despite workers' assertion that the Ninth Circuit applied erroneously narrow standards.

  • October 21, 2024

    Paul Hastings Adds Baker McKenzie Employment Team In NY

    Paul Hastings LLP said Monday that it has landed a top-tier, four-partner employment litigation team in New York from Baker McKenzie LLP to strengthen its East Coast practice.

  • October 18, 2024

    Law360 MVP Awards Go To Top Attys From 74 Firms

    The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • October 18, 2024

    Wash. AG Must Face Christian Org.'s Suit Against Bias Law

    A Washington federal judge won't toss a Christian nonprofit's lawsuit challenging the state's antidiscrimination law, saying the dispute is not entirely resolved by the state attorney general's recent pledge not to go after the organization for hiring only Christians for two open positions.

  • October 18, 2024

    No Special Retaliation Standard For HR Workers, EEOC Says

    The U.S. Equal Employment Opportunity Commission said Friday the Seventh Circuit should revive a former human resources manager's suit claiming she was fired for reporting discrimination, arguing a lower court erred by holding her claims to a higher standard because of her job.

  • October 18, 2024

    NY Forecast: Workers Want Collective Status In Care Co. Suit

    This week, a federal magistrate judge will consider competing motions over the continuation of a collective action brought by former workers at a western New York home healthcare provider who claim they were not properly paid overtime required by federal law. Here, Law360 looks at this and another case on the docket in New York.

  • October 18, 2024

    Walmart Fired Managers Who Fought Biased Hiring, Suit Says

    Walmart fired two managers in retaliation for their persistent complaints about discriminatory hiring practices at an Atlanta-area fulfillment center, the pair have told a Georgia federal judge, alleging they were told not to hire or be "quick to fire" people who seemed "too Black," "too ethnic" or "overtly gay."

  • October 18, 2024

    Connecticut Bus Drivers Settle Disability Bias Claims

    A Connecticut Department of Transportation contractor and three Black bus drivers have settled a federal lawsuit in which the drivers alleged that they experienced retaliation after suffering allergic reactions to disinfectants that were used to clean the vehicles during the COVID-19 pandemic.

  • October 18, 2024

    Class Status Sought For Sex Bias Suit Over Layoffs At X

    A suit alleging X targeted women in layoffs after Elon Musk bought the company should move forward as a class action because hundreds of women were impacted by sexist decision-making, a former employee for the company once known as Twitter argued in California federal court

  • October 18, 2024

    EEOC Suits Crystallize Commitment To Fighting LGBTQ+ Bias

    The U.S. Equal Employment Opportunity Commission's recently concluded fiscal year included seven new suits accusing employers of discriminating against LGBTQ+ workers, which experts say is a sign that the agency is making good on its stated commitment to fight bias based on sexual orientation and gender identity. Here are three things to know about this EEOC litigation priority.

  • October 18, 2024

    NY State Court System Escapes Ex-Employee's Bias Suit

    A federal judge has given the New York State Unified Court System a summary judgment win in a bias suit filed by a former court clerk who is a Hindu, ruling that the ex-employee didn't show that religious discrimination was a motive for denying her leave or her firing.

  • October 18, 2024

    Calif. Forecast: 9th Circ. Reviews NLRB's Cemex Decision

    In the coming week, attorneys should watch for oral arguments at the Ninth Circuit in which Cemex Construction Materials Pacific LLC and the International Brotherhood of Teamsters are each seeking to undo a major National Labor Relations Board decision regarding union representation. Here's a look at that case and other labor and employment matters on deck in California.

  • October 18, 2024

    Steptoe & Johnson Lands Clark Hill Employment Duo In Texas

    Steptoe & Johnson PLLC has grown its labor and employment offerings in Texas with the addition of two attorneys from Clark Hill PLC.

  • October 18, 2024

    Nev. Construction Co. Settles EEOC Disability Bias Probe

    A Nevada construction company will pay $56,000 after a U.S. Equal Employment Opportunity Commission investigation discovered reasonable cause to believe it fired a worker after she asked for accommodation because of her disability, the agency said. 

  • October 18, 2024

    Atty Sanctioned For 'Indifference' In Tastykake Co. Bias Suit

    An attorney's "indifference" to court orders and deadlines in a Black Muslim worker's wage and discrimination suit against the maker of Tastykake warrants $30,000 in sanctions, a Pennsylvania federal judge ruled, warning that more serious consequences might come.

  • October 17, 2024

    Ex-CEO Of Credit Union Blames Accounting Firm For Firing

    The dismissed chief executive officer of a Connecticut credit union is suing the financial institution and Whittlesey PC, its accounting firm, claiming he was fired after following advice from the largest CPA group in the state on when to calendar a $1.2 million gain connected to a property sale.

  • October 17, 2024

    7th Circ. Won't Give Injured Prof Another Shot At ADA Suit

    The Seventh Circuit backed the dismissal Thursday of a professor's suit claiming she was denied tenure out of disability bias after she suffered a traumatic brain injury, ruling there's no evidence bias influenced the denial and her request for a "do-over" wasn't a reasonable accommodation.

  • October 17, 2024

    Texas County Can't Get Early Win In Atty's Leave Request Suit

    Harris County, Texas, cannot snag a pretrial win in an attorney's Americans with Disabilities Act suit, a federal judge ruled Thursday, keeping alive claims that the county failed to accommodate the attorney's leave requests.

  • October 17, 2024

    Man Says He Was Forced From Security Job For Being 'Too Old'

    Food, janitorial and security service provider Blackstone Consulting Inc. has been sued in Georgia federal court by a former employee who alleges the company engaged in a "relentless campaign of age-based harassment and disparate treatment" against him before demoting him, significantly decreasing his pay and effectively forcing him to resign.

  • October 17, 2024

    DHL Supply Chain Hit With Disability Bias Suit

    Logistics giant DHL Supply Chain was hit with a disability discrimination lawsuit Wednesday from a worker who says she was forced out of her job after DHL demanded she see a company physician to verify her debilitating medical condition.

Expert Analysis

  • 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.

  • 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.