Discrimination

  • October 11, 2024

    3rd Circ. Won't Deem Bus Driver's Migraines FMLA-Eligible

    A Pennsylvania public transit employee didn't have the requisite "serious health condition" to back his workplace retaliation claims under the federal Family Medical Leave Act, the Third Circuit ruled Friday, declining to reinstate a trial victory for the bus driver. 

  • October 11, 2024

    No Coverage For Wage Disclosure Suits, Insurer Says

    An insurer said it has no duty to defend or indemnify two restaurant franchise operators accused of violating Washington's Equal Pay and Opportunities Act, telling a federal court that the allegations do not trigger coverage under an employment practices liability insurance policy.

  • October 11, 2024

    Babson College, South Asian Professor Resolve Bias Suit

    A former Babson College professor of South Asian descent has resolved a suit alleging she was demeaned by a white male colleague and blocked by the school from advancing her career.

  • October 11, 2024

    Michigan Tech Wants New Trial In Prof's Pregnancy Bias Case

    Michigan Technological University has asked a judge to toss a jury verdict in favor of a former professor in a pregnancy discrimination case, saying evidence related to the professor's theory that the college was planning to deny her tenure should have been kept out of trial.

  • October 11, 2024

    Weinstein Charges Should Be Combined For Retrial, DA Says

    Prosecutors asked a New York state court judge to consolidate Harvey Weinstein's 2018 rape indictment with newly filed sexual assault charges ahead of his retrial, panning the former Hollywood producer's "creative" arguments for separate trials.

  • October 11, 2024

    Ind. City Screened Out Female, Black Cop Hopefuls, DOJ Says

    An Indiana city's police department used written and physical fitness tests that disadvantaged Black and female applicants, effectively screening them out for officer positions, the U.S. Department of Justice alleged Friday in a new federal lawsuit.

  • October 11, 2024

    NY Forecast: 2nd Circ. Hears Blue Man Group Union Dispute

    This week, the Second Circuit will consider the National Labor Relations Board's bid to enforce an order finding a school founded by members of the Blue Man Group refused to bargain with a United Auto Workers local after the union's 2021 election victory.

  • October 11, 2024

    Farm Labor Contractor Settles EEOC Pregnancy Bias Charge

    The U.S. Equal Employment Opportunity Commission announced it reached a deal with a farm labor contractor to resolve a worker's discrimination charge claiming the business pulled her off the job when she asked to attend pregnancy-related medical appointments.

  • October 11, 2024

    Calif. Forecast: $12M PNC Wage Deal Heads To Judge

    In the coming week, attorneys should keep an eye out for the potential final approval of a nearly $12 million deal to resolve a wage and hour class action against PNC Bank NA. Here's a look at that case and other labor and employment matters coming up in California.

  • October 10, 2024

    Ousted Chair's Claims To Go Before Arbitrator, Judge Says

    A New York federal judge ruled that an arbitrator must decide whether the ousted former chairperson of software investment company The Resource Group International Ltd., who was forced to resign in late 2021 following a widely reported sexual harassment scandal, can pursue some of his claims in arbitration.

  • October 10, 2024

    Ye Investigated Kardashians For Sex Trafficking, Suit Says

    A former worker for Ye's short-lived presidential campaign sued in California state court Thursday alleging the Grammy-winning rapper had him investigate the Kardashian family for alleged sex trafficking before their relationship soured and Ye threatened to kill him.

  • October 10, 2024

    Charter Communications Ends Fired Producer's Sex Bias Suit

    Charter Communications and a former employee told a New York federal court Thursday that they have agreed to dismiss the former NY1 senior producer's suit alleging she was fired for opposing a male colleague's sexual advances within a company culture that disparaged older female employees.

  • October 10, 2024

    8th Circ. Shuts Down Black VA Worker's Race Bias Suit

    A U.S. Department of Veterans Affairs social worker can't revive her suit claiming she was denied a promotion because she's Black, the Eighth Circuit ruled Thursday, saying she has not demonstrated that her race impacted the decision to select a different candidate.

  • October 10, 2024

    Justices May Widen ADA's Reach In Retirement Benefits Fight

    A pending U.S. Supreme Court case in which a former firefighter alleges a cut in her retirement benefits violated the Americans with Disabilities Act could eventually yield a ruling that brings more people under the ADA's protections, experts say.

  • October 10, 2024

    Ex-Citibank VP Says Bank Fired Her For Taking Parental Leave

    A former Citibank senior vice president and head of the bank's fair employment practices said Thursday she lost her job after becoming pregnant and suffering from pregnancy-related complications, accusing Citibank of discrimination.

  • October 10, 2024

    Ga. Judge Tosses Emory, Falcon Bids To Avoid Doc's Bias Suit

    A Georgia federal judge has ruled that a doctor's amended complaint for his discrimination, retaliation and defamation lawsuit against Emory Healthcare Inc. and the Atlanta Falcons Football Club mooted their motions to dismiss the doctor's claims against them.

  • October 10, 2024

    Restaurant Supply Co. Settles EEOC Harassment Probe

    The U.S. Equal Employment Opportunity Commision said Thursday that the company behind Restaurant Depot agreed to overhaul its internal complaint process after an EEOC investigation found a store manager had sexually harassed female workers.

  • October 09, 2024

    3 High Court Petitions Discrimination Lawyers Should Watch

    As the U.S. Supreme Court's new term gets underway, several cases that could have significant implications for anti-discrimination law are vying for a spot on the docket. Here, Law360 looks at three petitions for review that should be on discrimination attorneys’ radar.

  • October 09, 2024

    Garth Brooks Accused Of Retaliating After Rape Lawsuit

    A hair and makeup artist told a judge Wednesday that Garth Brooks publicly revealed her name out of spite and retaliation after she sued him for rape, urging the court to sanction the country star and his lawyers for this "appalling and malicious behavior."

  • October 09, 2024

    Repeat Whistleblowing Led To Firing, Ex-Sikorsky Worker Alleges

    A Connecticut man who describes himself as a "well-known" whistleblower at Sikorsky Aircraft Corp. says he was illegally terminated for reporting alleged wage and hour and environmental violations to government authorities, claiming the helicopter manufacturer fired him using bogus allegations he broke into an office he was given clearance to access.

  • October 09, 2024

    9th Circ. Upends Healthcare Workers' Montana Vax Law Win

    The Ninth Circuit on Wednesday reversed a ruling from a Montana federal judge striking for all healthcare settings a state law that bars discrimination based on vaccine status, calling the claimed harms to healthcare workers and patients "too speculative" to find it conflicted with federal law.

  • October 09, 2024

    5th Circ. Revives Air Force Bias Case, Citing Broader Standard

    The Fifth Circuit revived a former civilian U.S. Air Force employee's lawsuit alleging she was given negative performance reviews after rejecting colleagues' sexual advances, saying a lower court needs to reevaluate her claims under a year-old circuit standard that allows for a wider range of bias allegations.

  • October 09, 2024

    Colo. Dispensary To Pay $95K In EEOC Disability Bias Suit

    A Colorado marijuana dispensary has agreed to pay $95,000 to settle a U.S. Equal Employment Opportunity Commission suit claiming it fired a worker for failing to clock in and out of her shifts, even though she informed supervisors that she had memory issues due to her disabilities.

  • October 09, 2024

    Conn. College Settles Fired Coach's Sex Discrimination Claim

    The former head coach of a Connecticut college's women's lacrosse team has agreed to settle a federal lawsuit claiming that he faced sex discrimination in a "hypersensitive" environment and was wrongfully fired for unprofessionalism, even though women who engaged in similar conduct went unpunished.

  • October 09, 2024

    World Economic Forum Founder Wants Out Of Worker's Suit

    The founder and chairman of the World Economic Forum told a New York federal court he had nothing to do with the firing of a Black employee, arguing that he should be left out of the worker's discrimination suit.

Expert Analysis

  • 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.

  • 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

    Excerpt from Practical Guidance
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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.