Discrimination

  • September 26, 2024

    Cognizant's Level Of Indian H-1B Workers 'Unusual,' Jury Told

    A Howard University professor testifying as an expert for a class of former Congizant Technologies employees alleging the company has a bias in favor of Indian workers told a California federal jury Thursday the fact that 99% of Cognizant's H-1B visa workers are from India is "unusual" and demonstrates a "cultural preference."

  • September 26, 2024

    Ex-LexShares CEO Says He Was Pushed Out For Being Black

    The former CEO of LexShares Inc. has lodged racial discrimination claims against the litigation finance firm and its top brass, claiming the company's board of directors discriminated against him and eventually forced him out because he was Black.

  • September 26, 2024

    Religious Nonprofit Can Keep Refugee Aid Contracts For Now

    Michigan will abandon its bid for early termination of contracts awarded to a Christian adoption and refugee agency while the organization's lawsuit, alleging the state forced it to hire non-Christians to qualify for contracts, plays out in federal court.

  • September 26, 2024

    EEOC Suits Show Risks Of Inflexible Work Restriction Policies

    The U.S. Equal Employment Opportunity Commission recently filed lawsuits accusing FedEx and a battery manufacturer of maintaining overly strict policies that require employees to be totally limitation-free to get work clearance, cases that experts say demonstrate the need for companies to be flexible when addressing workers with medical restrictions. Here, experts share three mistakes that can land employers in court. 

  • September 26, 2024

    Retaliation Forced Out Construction Forewoman, EEOC Says

    The U.S. Equal Employment Opportunity Commission sued a water infrastructure company in Tennessee federal court claiming it forced a forewoman to either take on a night shift or quit in retaliation for complaints that male colleagues called her misogynist slurs and ignored her instruction.

  • September 26, 2024

    Chicago Club Allowed Dancer Harassment, EEOC Alleges

    A Chicago strip club stood by as customers harassed and inappropriately touched female dancers while also limiting Black dancers' ability to perform, the U.S. Equal Employment Opportunity Commission alleged Thursday in a federal complaint.

  • September 26, 2024

    Ala. College Urges 11th Circ. To Grant Immunity In FMLA Suit

    The University of Alabama Board of Trustees urged the Eleventh Circuit on Thursday to reverse a lower court order allowing a former research associate's Family and Medical Leave Act complaint to proceed, arguing that it's entitled to sovereign immunity under the military caregiver provision of the law.

  • September 26, 2024

    EEOC Says Builder Denied Short Commute To Diabetic Worker

    Homebuilding company D.R. Horton refused to let a sales associate transfer to a worksite closer to where she lived after her lengthy commute started to exacerbate her diabetic neuropathy, the U.S. Equal Employment Opportunity Commission alleged in a lawsuit in Maryland federal court.

  • September 26, 2024

    11th Circ. Signals Fired Coach's Claim Can't Ride On Her Team

    An 11th Circuit panel signaled Thursday that the disparate funding of men's and women's collegiate athletic programs was likely not enough to sustain a fired Georgia Tech basketball coach's Title VII claim of sex-based discrimination against the program.

  • September 26, 2024

    Automaker Accused Of Forcing Pregnant Worker To Take OT

    Off-road vehicle manufacturer Polaris forced a pregnant worker to resign when it wouldn't forgive her medical absences or excuse her from mandatory overtime, the U.S. Equal Employment Opportunity Commission alleged in the latest suit of its wave of Pregnant Workers Fairness Act cases.

  • September 26, 2024

    Minn. YMCA Ignored Sexual Harassment, EEOC Says

    A YMCA in Minnesota looked the other way when a manager sexually harassed its workers — some of whom were teenagers — which forced one worker to quit, the U.S. Equal Employment Opportunity Commission alleged.

  • September 26, 2024

    Amazon Worker Gets Trial In Military Leave Suit

    A Washington federal judge ejected one worker from a suit accusing Amazon of demoting or firing workers who took time off for military service, but teed up for trial another worker's claim alleging he was removed from consideration for a promotion after he said he was going to be deployed.

  • September 26, 2024

    Pizza Co. Unlawfully Fired Trans Worker, EEOC Says

    A Chicago pizza chain fired a Black transgender employee in violation of federal law after she complained that her co-workers and a customer had harassed her about her gender identity, the U.S. Equal Employment Opportunity Commission told an Illinois federal court

  • September 25, 2024

    Ex-Cognizant Worker Says Co. 'Mandate' Was To Hire Indians

    A former employee at Cognizant Technology testified Wednesday as a witness for a class of former employees alleging the company discriminates against non-Indian workers, and said he believes the company did not just have a preference for hiring workers from India through the H-1B visa program, but that it was "a mandate."

  • September 25, 2024

    4th Circ. Says Firefighter's Race Bias Deal Is Pension Eligible

    The Fourth Circuit on Wednesday found the city of Charlotte in North Carolina should have deducted retirement funds from a former Black firefighter's race bias settlement, but said the same could not be true for another firefighter who never finalized a deal with the city.

  • September 25, 2024

    Lookback Window Claims Cut From Disney Sex Abuse Suit

    A California state court on Wednesday trimmed down a Walt Disney Co. employee's sexual assault lawsuit against the entertainment giant and one of its former longtime executives, holding that the case was filed after the state's one-year lookback window for sex abuse claims had expired.

  • September 25, 2024

    DOL Subminimum Wage Program Should Go, Experts Say

    The federal program allowing employers to pay subminimum wages to workers with disabilities needs to be eliminated in a way that respects these workers' rights and avoids turmoil for them, experts say, one year after the U.S. Department of Labor began reexamining the program.

  • September 25, 2024

    Ascension Must Face Additional Suit Over Vaccine Mandate

    Ascension Health Alliance must face another proposed class action challenging its 2021 COVID-19 vaccination policy, an Indiana federal judge ruled Wednesday, holding that a group of workers who were suspended or fired after refusing the vaccine on religious grounds have a case against the Catholic healthcare system.

  • September 25, 2024

    Ex-IATSE Officer Fights Discipline After Raising Porn Issue

    A former officer for an International Alliance of Theatrical Stage Employees local in New Mexico accused the union of wrongly disciplining him after he spoke up with concerns about the name of another officer appearing on porn websites through an online search.

  • September 25, 2024

    Mass. Police Officers Sue Over Cost Of Prep For Biased Exam

    A group of Massachusetts police officers say they should be reimbursed for the costs of preparing for 2022 promotional exams that were administered in the midst of a trial where similar tests were ultimately found to be biased against Black and Hispanic officers.

  • September 25, 2024

    NFL's Race Bias Arbitrator Is Not Impartial, Ex-Coach Argues

    The attorneys for former NFL head coach Brian Flores have warned the Second Circuit, which is hearing the league's appeal of a lower court decision keeping part of his proposed racial discrimination class action in federal court, that the NFL's choice of an arbitrator for the rest of his dispute is "an attempt to falsely create an appearance of impartiality."

  • September 25, 2024

    Nexstar Must Face Journalists' Pride Memo Defamation Suits

    Nexstar Media Group can't shake defamation lawsuits filed by two television news station managers who were fired after they disseminated an internal memo telling reporters to be balanced in their Pride Month coverage, a Michigan federal judge has ruled.

  • September 25, 2024

    Urology Practice Accused Of Denying Pregnant Worker Breaks

    An Oklahoma urology practice forced a pregnant medical assistant to take unpaid leave after refusing to let her sit during work or take breaks to relieve swelling and pain, the U.S. Equal Employment Opportunity Commission alleged Wednesday in its second federal lawsuit under the Pregnant Workers Fairness Act.

  • September 25, 2024

    Sports Bar Chain Denied Male Servers Jobs, EEOC Suit Says

    The U.S. Equal Employment Opportunity Commission alleged Wednesday that a Southern sports bar chain refused to hire men for its front-of-house positions, such as server or bartender jobs, a move that violated civil rights laws by denying employment based on gender.

  • September 25, 2024

    Car Dealer Admitted It Won't Hire Women In Sales, Suit Says

    A woman who applied to work for a Duluth, Georgia, car dealership is suing the company for discrimination, claiming it hired a less qualified man after a sales manager had told her it stopped hiring women as salespeople after a woman working in that role sued it for sexual harassment.

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.