Discrimination

  • September 20, 2024

    Ex-United Worker With Alcohol Use Disorder Loses ADA Fight

    The Seventh Circuit backed United Airlines' defeat of a former flight attendant's lawsuit claiming he was fired for taking time off to deal with his alcoholism, saying he couldn't overcome the airline's explanation that he was fired for harassing a colleague he used to date.

  • September 20, 2024

    Ariz. Framing Co. Settles EEOC Workforce Demographic Suit

    An Arizona framing company reached a deal with the U.S. Equal Employment Opportunity Commission to resolve a federal court suit alleging it failed to file reports on its workforce demographic data as required under federal law.

  • September 20, 2024

    LA Sees Retired Police Lt.'s Military Leave Suit Trimmed

    A California federal judge threw out several claims in a retired police lieutenant's lawsuit alleging the city of Los Angeles denied sick time and promotions to police officers who took military leave, although the parties have taken issue with the scope of the judge's order.

  • September 19, 2024

    Ex-George Mason Law Prof Can't Stop Title IX Investigation

    A former George Mason University law professor can't stop the school or its Title IX coordinator from investigating sexual misconduct claims lodged against him, but he can pursue some of the claims in his suit over the university's handling of the sexual misconduct accusations, a Virginia federal judge ruled Thursday.

  • September 19, 2024

    Transit Union, Worker Reach $350K Deal To End OT Claim

    A Maryland federal court approved a $350,000 settlement between an Amalgamated Transit Union affiliate and a former union employee, resolving the worker's overtime claim under the Fair Labor Standards Act.

  • September 19, 2024

    11th Circ. Won't Revive Mortgage Workers' Sex, Age Bias Suit

    The Eleventh Circuit upheld on Thursday a bank's win over a sex and age discrimination suit lodged by two female former employees, with the panel using the case as an opportunity to "clear up" what it characterized as tricky areas of anti-discrimination case law. 

  • September 19, 2024

    MrBeast Co., Amazon Accused Of Exploiting TV Contestants

    Reality show contestants have hit an Amazon Studios unit and the maker of the MrBeast YouTube channel with a proposed labor class action in California court, alleging they "shamelessly" exploited "Beat Games" contestants while threatening their livelihoods and misrepresenting their odds at winning the new show's $5 million grand prize.

  • September 19, 2024

    NC Justice Dept. Resolves Atty's Sex, Race Bias Suit

    The North Carolina Department of Justice agreed to settle a Black attorney's lawsuit alleging she was passed over for promotion in favor of a less qualified white man, according to court filings, just weeks after a federal judge refused to toss the case.

  • September 19, 2024

    Boeing Beats Suit Over Workers' Love-Triangle Murder

    A Washington federal judge has again tossed a lawsuit against Boeing over a love triangle that led a Boeing employee to murder his coworker, dismissing the case for good because the killing did not occur during working hours or at the workplace.

  • September 19, 2024

    5th Circ. Won't Revive Black Cops' Racial Retaliation Suit

    The Fifth Circuit upheld the dismissal of a suit from three Black Louisiana police officers who claimed they suffered racist harassment and were fired or demoted after complaining that the city botched a use-of-force investigation, ruling they lacked proof of retaliation and the abuse they allegedly endured didn't qualify as severe.

  • September 19, 2024

    Ex-Ballard Spahr Legal Assistant Drops Wrongful Firing Suit

    A former Ballard Spahr LLP legal assistant on Thursday agreed to drop a Pennsylvania civil rights lawsuit alleging that the firm fired her in retaliation for taking leave protected by the Family and Medical Leave Act in order to care for her husband, who was battling cancer.

  • September 19, 2024

    Staffing Co. Accused Of Obliging Client Bias Ends Fed Probe

    An Indiana-based staffing agency struck a deal to resolve allegations that accommodated clients' preferences for workers based on protected characteristics like race and sex, the U.S. Equal Employment Opportunity Commission said. 

  • September 19, 2024

    7th Circ. Asks If Law School Should Be 'Safe Space'

    Seventh Circuit judges considering a retaliation suit from a University of Illinois Chicago Law School professor who used a racist slur in an exam hypothetical asked Thursday if law schools should really be a "safe space" shielding students from the kind of "horrific facts" courts deal with regularly. 

  • September 19, 2024

    Feds, Wis. Military Affairs Office Ink Deal In Pay Bias Suit

    The Wisconsin Department of Military Affairs will pay $175,000 to end a U.S. Department of Justice suit alleging it offered a female job applicant a lower salary than what it paid a man for the same position, according to a filing Thursday in federal court. 

  • September 19, 2024

    Philly Legal Org Fights Attorney's Race Bias Claims

    The Defender Association of Philadelphia says a Black former public defender has no basis for racial bias allegations stemming from her allegedly discriminatory firing, arguing that her claims were investigated and rejected by the Pennsylvania Human Relations Commission.

  • September 19, 2024

    Airline Sinks Bias Suit From Worker Fired Over Drug Test

    A Pennsylvania federal judge tossed a race and disability bias suit from an American Airlines worker who said she was fired over a positive drug test triggered by her ADHD medication, ruling she hadn't presented evidence that bias drove the decision to let her go.

  • September 19, 2024

    Logistics Co. Can't Avoid Ex-Worker's Suit Over Racist Threat

    A logistics company must face a Black former employee's suit alleging it failed to prevent a white co-worker who displayed a Confederate flag on his phone from subjecting him to a racist threat, a Pennsylvania federal judge ruled, saying a jury should weigh whether the company should have stepped in.

  • September 19, 2024

    NY Knicks Owner Escapes Federal Sex Trafficking Claims

    A California federal judge has dismissed sexual assault and trafficking claims against New York Knicks owner James Dolan, casting a hired massage therapist's accusations against him as "speculative" but leaving the door open for further litigation in state court.

  • September 18, 2024

    Verizon Maryland, EEOC Resolve Hypertension Bias Suit

    Verizon's Maryland arm has agreed to pay $115,000 to end a U.S. Equal Employment Opportunity Commission lawsuit alleging it refused to let an employee transfer to a job that wouldn't aggravate his hypertension, the agency told a federal court.

  • September 18, 2024

    Senate Panel Backs Bill Easing Pot Rules For Federal Hires

    A Democrat-backed bill that would curb federal agencies' ability to use past medical or recreational cannabis use as a factor in hiring and security clearance decisions was advanced out of a Senate committee Wednesday, paving the way for a vote before the whole chamber.

  • September 18, 2024

    EEOC Nabs $85K For Ex-Walmart Worker Who Needed Leave

    Walmart has agreed to pay a former sales associate $85,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming the retail giant fired her when she requested medical leave to treat her Crohn's disease, according to a North Carolina federal court filing.

  • September 18, 2024

    Mass. Appeals Court Backs Pot Shop's Arbitration Agreement

    A Massachusetts medical marijuana dispensary can enforce an arbitration clause in its employment agreement even when it did not specify the rights a worker was waiving, an intermediate state appellate court has said.

  • September 18, 2024

    Ex-Employees Can Bring ADA Benefits Suits, High Court Told

    A retired Florida firefighter called on the U.S. Supreme Court to find that former employees can bring claims under the Americans with Disabilities Act pertaining to post-employment benefits, challenging an Eleventh Circuit ruling that determined only current employees can file these disability bias suits.

  • September 18, 2024

    UPenn Escapes Black Hospital Pharmacist's Race Bias Suit

    A federal judge threw out a suit from a Black pharmacist who said racial bias led to him being disciplined after he was falsely accused of falling asleep on the job at the University of Pennsylvania hospital, ruling there wasn't enough proof that prejudice was involved.

  • September 18, 2024

    Weinstein Pleads Not Guilty To New Sex Assault Charge

    Harvey Weinstein pled not guilty to a new sexual assault indictment in Manhattan state court on Wednesday as he faces a November retrial after his earlier New York rape conviction was vacated.

Expert Analysis

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • No Blank Space In Case Law On Handling FMLA Abuse

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    Daniel Schwartz at Shipman & Goodwin discusses real-world case law that guides employers on how to handle suspected Family and Medical Leave Act abuse, specifically in instances where employees attended or performed in a concert while on leave — with Taylor Swift’s ongoing Eras Tour as a hypothetical backdrop.

  • 'Miss Manners' Scenario Holds Lessons On Pregnancy Bias

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    A recent Washington Post "Miss Manners" column, in which a pregnant employee expressed concern about her boss's admonitions against having children, provides an opportunity to evaluate what exactly constitutes pregnancy discrimination, says Robin Shea at Constangy.

  • Cos. Should Plan To Protect DEI Before Supreme Court Ruling

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    With the U.S. Supreme Court apparently poised to reject affirmative action in education with its pending decisions in Students for Fair Admissions v. Harvard and SFFA v. University of North Carolina, employers should begin preparing their response to the likely ensuing challenges to corporate diversity programs, says Keisha-Ann Gray at Proskauer.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • Accommodating Disabled Employees Is Rarely A Hardship

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    Since tools for granting disabled employees' reasonable accommodation requests are readily available and affordable — as illustrated by a recent U.S. Department of Labor Office of Disability Employment Policy report — it should be much harder for employers to prove undue hardship in granting these requests, says Kamran Shahabi at Valiant Law.

  • Minimizing Discrimination Risks In Export Control Compliance

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    A recently issued U.S. Department of Justice fact sheet on avoiding immigration-related discrimination in U.S. export control compliance should help employers learn to walk a tightrope to ensure their good faith compliance efforts do not unintentionally create risks, say attorneys at Baker McKenzie.

  • Employers Need Clarity On FLSA Joint Employer Liability

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    A judicial patchwork of multifactor tests to determine joint employment liability has led to unpredictable results, and only congressional action or enactment of a uniform standard to which courts will consistently defer can give employers the clarity needed to structure their relationships with workers, say attorneys at Seyfarth.

  • Prepare For Federal Agency Scrutiny On AI Discrimination

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    A recent joint statement highlights several federal regulatory agencies' intent to scrutinize organizations' use of artificial intelligence technology under their existing mandates, so companies that build or use such systems should carefully ensure legal compliance to avoid potential bias and discrimination issues, say Tara Emory, Mike Kearney and Nick Snavely at Redgrave.

  • Employee Termination Lessons After 4th Circ. Bias Case

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    A Fourth Circuit panel's recent dismissal of discrimination and retaliation claims in Lashley v. Spartanburg Methodist College provides insights for employers on how to handle terminations, particularly when performance concerns and medical history are involved, says Heidi Siegmund at McGuireWoods.

  • Tips On Workplace DEI Efforts In A Changing Legal Landscape

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    Amid years of political debates about diversity, equity, inclusion and accessibility efforts in the workplace, and increased state legislation in this area, employers can still explore ways to engage in DEIA training and initiatives without creating unnecessary legal risks, say attorneys at Husch Blackwell.

  • Changes To Note In Revised NY Sex Harassment Model Policy

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    The New York State Department of Labor's recent revision of its sexual harassment model policy shows continued focus on diminishing workplace sexual harassment, and employers should consider whether their current policies need updated language about harassment, discrimination, retaliation and more, say Anna McCarthy and Edward Steve at Harter Secrest.

  • Eye On Compliance: Joint Employment

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    Madonna Herman at Wilson Elser breaks down the key job conditions that led to a recent National Labor Relations Board finding of joint employment, and explains the similar standard established under California case law — providing a guide for companies that want to minimize liability when relying on temporary and contract workers.