Discrimination

  • September 25, 2024

    DOL, DOT Call On Rail Cos. To Offer Paid Sick Leave

    The U.S. departments of Labor and Transportation in a letter Wednesday called on three major freight railroad companies to guarantee paid sick leave to all of their employees.

  • September 25, 2024

    Jones Day Must Face Ex-Firm Attys' Parental Leave Suit

    Jones Day will have to defend its parental leave policy at trial, after a D.C. federal judge declined on Wednesday to shut down a long-running suit filed by two married ex-associates that claims the firm discriminates by offering female attorneys more leave than male attorneys.

  • September 25, 2024

    Ogletree Lands Seyfarth Employment Atty In Chicago

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC has grown its Chicago office with the addition of a Seyfarth Shaw LLP partner.

  • September 25, 2024

    Ex-American Airlines Pilot Cleared In Sex Assault Trial

    A California federal jury on Wednesday cleared a former American Airlines pilot of liability in a civil lawsuit alleging he sexually assaulted two flight attendants at a hotel during a round-trip journey between Los Angeles and São Paulo, Brazil.

  • September 25, 2024

    Cargo Airline Strikes $84K Deal To End DOL Equal Pay Probe

    A cargo airline has agreed to pay female workers more than $84,000 in back wages and interest to resolve a U.S. Department of Labor investigation alleging it paid them less than their male counterparts, the federal agency announced.

  • September 25, 2024

    Produce Co. Can't Revise Settlement With EEOC, Judge Says

    A produce supplier will pay $40,000 to close a U.S. Equal Employment Opportunity Commission suit alleging it failed to stop the sexual harassment of a female employee, as a Michigan federal judge approved the deal and adopted a report rejecting the company's bid to revise the agreement.

  • September 24, 2024

    Chance Cognizant Didn't Discriminate Is '1 In A Billion,' Jury Told

    An attorney for a class of former Cognizant Technology employees alleging the company discriminated against non-South Asian and non-Indian employees told a jury during opening statements of a retrial Tuesday that the probability Cognizant's behavior wasn't racially biased is about one in a billion.

  • September 24, 2024

    Ex-Employee Sues Ga. Boiler Co., Alleging Retaliation

    A Black former employee of Combustion and Controls LLC sued the boiler company in Georgia federal court Tuesday, claiming he was treated worse than white co-workers, racially insulted, threatened with violence and ultimately fired after reporting the hostility.

  • September 24, 2024

    2 Ex-American Airlines Workers Seek $8M Sex Assault Verdict

    Counsel for two former American Airlines flight attendants urged a California federal jury during closing arguments Tuesday to make a retired pilot pay $8.1 million over allegations he sexually assaulted the pair at a hotel during a round-trip journey between Los Angeles and Sao Paulo, Brazil.

  • September 24, 2024

    Fired Welch's Factory Worker Cleared To Return To Work

    A fired Welch's factory employee can return to his job after a Pennsylvania judge upheld an arbitrator's finding that he did not commit the sexual harassment he was accused of.

  • September 24, 2024

    Blind Worker Axed Over Screen Reader Request, EEOC Says

    A call center operator unlawfully fired a blind employee who needed a screen reader after putting minimal effort into determining whether the software was compatible with the company's systems, the U.S. Equal Employment Opportunity Commission told a Texas federal court Tuesday.

  • September 24, 2024

    NY Diocese Targets Landmark Religion Ruling At High Court

    A Roman Catholic diocese in New York and other religious ministries have launched a fresh attempt to get the U.S. Supreme Court to revisit a landmark ruling that restricts religious-freedom challenges to neutral, generally applicable laws.

  • September 24, 2024

    11th Circ. Unleashes Swarm Of 'Hypos' In Fla. Pronoun Case

    An Eleventh Circuit panel on Tuesday peppered attorneys with hypothetical scenarios as they attempted to hammer out the bounds of public school teachers' free speech protections in the classroom, in a case by transgender and nonbinary Florida educators that could ultimately affect other state employees.

  • September 24, 2024

    Tractor Supply Co. Tobacco Fee Violates ERISA, Suit Says

    Tractor Supply Co. illegally charged workers who used tobacco an extra fee through their health insurance plan without explaining they could dodge the charge if they participated in a smoking cessation program, according to a proposed class action filed in Pennsylvania federal court.

  • September 24, 2024

    Puerto Rico Pharmacy Manager Assaulted Worker, EEOC Says

    The operators of a Puerto Rico pharmacy chain stood by while a manager made inappropriate sexual comments and forcibly grabbed and kissed an employee, forcing her to quit less than three weeks after being hired, the U.S. Equal Employment Opportunity Commission alleged in federal court.

  • September 24, 2024

    8th Circ. Grapples With Standing In Battle Over EEOC Regs

    The Eighth Circuit appeared to be wrestling Tuesday with whether a group of red states had the right to sue over the U.S. Equal Employment Opportunity Commission's recently finalized pregnant worker regulations, as the states pushed for revival of their challenge to abortion-related components of the rule.

  • September 24, 2024

    Financial Co. Can't Nix EEOC Telework Accommodation Claim

    A Georgia federal judge narrowed a U.S. Equal Employment Opportunity Commission suit claiming a financial services company unlawfully refused to let a diabetic employee work remotely during the pandemic, saying Tuesday a jury needed to decide whether the company should have let her work from home.

  • September 24, 2024

    Sheppard Mullin Adds Paul Hastings Employment Leader

    The co-leader of Paul Hastings LLP's wage and hour practice group has jumped to Sheppard Mullin Richter & Hampton LLP in California, the firm said Tuesday.

  • September 24, 2024

    EMS Workers Get Class Status In Sex, Race Pay Gap Suit

    A New York federal judge approved on Tuesday emergency medical services workers to proceed as a class in their lawsuit alleging New York City paid them less in relation to their almost exclusively white, male counterparts at the fire department, despite differences in rank and responsibility.

  • September 24, 2024

    Catholic Group Scores Block On EEOC Pregnant Worker Regs

    The U.S. Equal Employment Opportunity Commission can't enforce its Pregnant Workers Fairness Act rule or updated workplace harassment guidelines against members of a Catholic employer organization, a North Dakota federal judge ruled, saying the group demonstrated a credible fear it would be punished for its religious beliefs.

  • September 24, 2024

    Fla. Restaurant Pens Deal To Wrap Up EEOC Age Bias Suit

    A Daytona Beach, Florida, seafood restaurant will pay $30,000 to end a U.S. Equal Employment Opportunity Commission Suit alleging it fired a 57-year-old assistant manager to bring on a younger person for the job, according to a Tuesday court filing. 

  • September 24, 2024

    Home Care Co. Cuts $400K Deal To End EEOC Race Bias Suit

    A home healthcare company has agreed to pay Black and Hispanic employees $400,000 to resolve a U.S. Equal Employment Opportunity Commission suit filed in New York federal court claiming it allowed patients to request — or turn away — their home attendants based on their race.

  • September 24, 2024

    Do GCs Even Know Company's AI Use? Survey Raises Doubts

    Top legal officers appear badly misaligned with other executives or are misinformed on the use of artificial intelligence at their companies, especially in the human resources area, according to a new survey released Tuesday. 

  • September 23, 2024

    Trans Teacher's Pronoun Fight May Have Far-Reaching Effects

    An Eleventh Circuit panel will hear arguments Tuesday over whether a transgender Florida teacher can stay employed while she challenges the state's policy on pronouns in the workplace, in a closely watched case experts say could eventually have profound implications for transgender and nonbinary Florida state employees.

  • September 23, 2024

    What To Know As EEOC Defends Pregnancy Regs At 8th Circ.

    The Eighth Circuit will hear arguments Tuesday on whether to reopen a challenge from 17 Republican state attorneys general over abortion-related parts of the U.S. Equal Employment Opportunity Commission's regulations implementing the Pregnant Workers Fairness Act. Here are three things to know as the appeals court tackles the case.

Expert Analysis

  • 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

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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.

  • Calif. Whistleblower Decision Signals Change For Employers

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    Because the California Supreme Court's recent The People v. Kolla's decision significantly expands employee whistleblower protections, employers should ensure that internal reporting procedures clearly communicate the appropriate methods of reporting and elevating suspected violations of law, say Alison Tsao and Sophia Jimenez at CDF Labor Law.

  • What Affirmative Action Ruling Means For Higher Ed And Cos.

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    The U.S. Supreme Court's holding that race-conscious admissions programs at two educational institutions violate the Constitution's equal protection clause applied the "strict scrutiny" standard that governs race-conscious programs in a way that will be very difficult for educational institutions and other entities to satisfy, say attorneys at Jenner & Block.

  • Pay Transparency And ESG Synergy Can Inform Initiatives

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    The proliferation of pay transparency laws and ESG initiatives has created unique opportunities for companies to comply with the challenging laws while furthering their social aims, says Kelly Cardin at Ogletree.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • Formula In New York City AI Bias Law Is Not Ready For Use

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    New York City will soon begin enforcing its law regulating the use of artificial intelligence in employment decisions, but the statute's bias audit rules introduced a problematic scoring rate formula that should be rectified before it's mandated for use in the real world, says Jey Kumarasamy at BNH.AI.