Discrimination

  • September 30, 2024

    Insurer Says Miami Can't Toss Retaliation Coverage Dispute

    An insurer for the city of Miami sought to maintain its action seeking reimbursement of $5 million for expenses incurred in defending the city and one of its commissioners against underlying lawsuits alleging political retaliation, arguing that it didn't "commingle" claims regarding its potential defense and indemnification obligations.

  • September 30, 2024

    Logistics Co. Wants Out Of Worker Visa Misuse Class Action

    A Georgia logistics company accused of luring skilled workers from Mexico to the U.S. with empty promises of well-paying technical jobs asked a federal judge Friday to be let out of the proposed class action for want of any ties to the plaintiffs' alleged mistreatment.

  • September 30, 2024

    DOJ Civil Rights Lawyer Rejoins Outten & Golden

    A senior counsel with the U.S. Department of Justice focused on civil rights has rejoined employee-side employment boutique Outten & Golden LLP in Washington, D.C., the firm announced Monday.

  • September 30, 2024

    Leon Black Can't Duck Sex Assault Suit Or Sanction Wigdor

    Ex-Apollo Global Management CEO Leon Black cannot dodge a lawsuit accusing him of raping an autistic teenager in 2002, as New York City's extension of the time limit to file the suit is not preempted by state law, a New York federal judge has ruled.

  • September 30, 2024

    Theater Nixed Older Workers' Health Benefits, EEOC Says

    A New Mexico movie theater refused to provide employees over 65 with health insurance benefits and forced a 72-year-old manager to retire amid the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission told a federal court.

  • September 30, 2024

    Macy's Can't Dodge DOL's Tobacco Surcharge Program Suit

    An Ohio federal judge has denied Macy's Inc.'s bid to dismiss a health plan discrimination claim brought against it by the U.S. Department of Labor but gave the retailer a chance to try again, ruling that the parties' dispute has surely been affected by the U.S. Supreme Court's recent decision to ax Chevron deference.

  • September 30, 2024

    3 States Where Wage And Hour Updates Could Hit In October

    New wage and hour requirements will begin in Alabama and Maryland on Tuesday, while a higher minimum wage for California healthcare workers could also start as early as mid-October. Here, Law360 explores these updates.

  • September 27, 2024

    Sick Juror Goes Virtual To Keep Cognizant Trial On Track

    A California federal judge proposed an "outside the box" idea Friday after a juror in a trial considering allegations that Cognizant Technologies is biased in favor of Indian workers came down with COVID-19, allowing the juror to view the proceedings from home via video.

  • September 27, 2024

    Ex-NFL Linebacker Wants THC Suit Back In Colorado Court

    A former Denver Broncos player who sued the NFL for discrimination after he was fined more than $532,000 for using medically prescribed synthetic THC is urging a Colorado federal judge return the case to state court.

  • September 27, 2024

    GOP States Sue HHS Over Gender Dysphoria Disability Rule

    A group of 17 Republican attorneys general filed suit against the Biden administration seeking to block a rule defining gender dysphoria as a disability under federal law, arguing that Congress explicitly stated that the statutes don't protect gender identity disorders.

  • September 27, 2024

    50-Year-Old Lobs Age Bias Suit At Sporting Products Co

    A 50-year-old Amer Sports recreational gear salesman alleges the Chinese investors who purchased the company passed him up for leadership roles despite his decades of experience and excellent performance, and then fired him when he complained about age discrimination.

  • September 27, 2024

    Security Co. Yanked Job Offer Over Gender, EEOC Says

    The U.S. Equal Employment Opportunity Commission sued a healthcare security company in Texas federal court Friday, claiming the business walked back a security supervisor job offer for a well-qualified woman with a law enforcement background simply because of her gender.

  • September 27, 2024

    EEOC Hits 2 Employers With Hearing Loss Bias Suits

    The U.S. Equal Employment Opportunity Commission filed two discrimination suits Thursday accusing employers of illegally rejecting job applicants who are deaf or hard of hearing, the latest in a yearslong series of agency enforcement actions on behalf of people with auditory disabilities.

  • September 27, 2024

    Ole Miss Preserves Win In Football Player's Mental Health Suit

    The Fifth Circuit on Friday declined to reverse the dismissal of a lawsuit from a University of Mississippi football player who accused the school and its head football coach of kicking him off the team for taking a mental health break.

  • September 27, 2024

    Berkeley, Disability Commission Settle Remote Meeting Row

    The City of Berkeley, California, and three members of the city's Commission on Disability reached a deal ending claims that the city violated federal law by refusing to allow members with a disability to attend meetings remotely, according to a news release. 

  • September 27, 2024

    Chicago Tribune Journalists Say Pay Bias Suit Can Continue

    Chicago Tribune journalists told an Illinois federal court that they supported their claims that the paper and its parent Alden Global Capital paid them less because of their sex and race, urging the court to not engage in a motion to dismiss.

  • September 27, 2024

    Packaging Co. Strikes Deal To End EEOC Race Bias Suit

    A contract packing company agreed to pay $450,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit alleging it hired fewer Black workers at its Memphis, Tennessee, facilities and segregated the ones it employed, according to a federal court filing.

  • September 27, 2024

    FMLA Claims Against NM Health Dept. Tossed

    A New Mexico federal judge ruled that a former human resources labor analyst's supervisor terminated him for violating the department's absence policies, dismissing the worker's claims that he was fired and retaliated against following his hospitalization for kidney disease.

  • September 27, 2024

    Dish Network Litigation Director Rejoins Jackson Lewis

    Employment firm Jackson Lewis PC is welcoming back a litigator who most recently was director of litigation with Dish Network as a principal in its Denver office, the firm announced Thursday.

  • September 27, 2024

    NY Forecast: Judge Weighs $1.3M Settlement Final Approval

    This week, a New York federal judge will consider granting final approval to a $1.3 million class action settlement resolving claims that a fast food operator violated state and federal wage and hour laws by not paying workers overtime and deducting business costs from their wages.

  • September 27, 2024

    Louisiana Bakery, EEOC Ink Deal In Pregnancy Bias Suit

    A New Orleans bakery will pay $46,500 to settle a U.S. Equal Employment Opportunity Commission suit alleging it fired a pastry cook just days after she started because she experienced pregnancy complications, according to a Friday court filing.

  • September 27, 2024

    Safe Leave Laws Gain Momentum At State Level

    While a new bill in Congress that would provide paid leave for workers who've experienced domestic violence or sexual assault may be unlikely to pass this go-round, states and cities have already enacted paid safe leave policies that require employers' attention, experts said.

  • September 27, 2024

    Calif. Forecast: Logistics Co. Wage Deal Before Court

    In the coming week, attorneys should keep an eye out for the potential initial sign-off on a $900,000 deal to end a proposed wage and hour class action against Allegiant Final Mile Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • September 27, 2024

    Trans Worker Harassed Out Of Housekeeping Job, EEOC Says

    The U.S. Equal Employment Opportunity Commission sued a hotel franchisee in New York federal court, alleging it pushed out a transgender housekeeper after they complained that a manager repeatedly and intentionally misgendered them and referred to them as a "transformer."

  • September 27, 2024

    EEOC Says Staffing Co. Reneged On Settlement Payments

    A staffing firm based in Washington state violated a $276,000 agreement to resolve a U.S. Equal Employment Opportunity Commission charge alleging it barred employees from speaking Spanish, leaving nearly two-thirds of the sum unpaid, the agency told a federal court.

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.