Discrimination

  • November 19, 2024

    ​​​​​​​10th Circ. Judge Hints Forced Counseling Can Buoy ADA Suit

    A Tenth Circuit judge seemed incredulous Tuesday at a healthcare provider's argument that making an employee undergo company-sponsored mental health counseling to keep their job doesn't qualify as the kind of workplace action that can sustain an Americans with Disabilities Act lawsuit. 

  • November 19, 2024

    6th Circ. Backs St. Jude's Win In Religious Vaccine Bias Suit

    The Sixth Circuit refused to reopen a former St. Jude Children's Research Hospital employee's lawsuit claiming she was unlawfully fired for requesting a religious exception from the medical center's COVID-19 vaccine mandate, finding it would have been too difficult for the hospital to accommodate her request.

  • November 19, 2024

    GMU Asks Court To Toss Ex-Prof's Suit Over Title IX Probe

    George Mason University asked a court to throw out the remainder of former professor Joshua Wright's lawsuit over its investigation of a Title IX retaliation claim against him related to allegations of sexual misconduct, saying Monday that the school had already dismissed the claim by the time he filed his amended complaint.

  • November 19, 2024

    Meat Buyer For BJ's Wholesale Says Co. Pushed Him Out

    A former BJ's Wholesale Club Inc. meat buyer who oversaw more than $12 billion in annual sales of beef and lamb for the Massachusetts-based company says he was fired after the retailer refused to accommodate his need to care for his ailing wife, according to a complaint filed on Monday in state court.

  • November 19, 2024

    Detroit Casino Must Face Narrowed COVID Vax Bias Suit

    A Michigan federal judge refused to toss a religious bias suit from a worker who said the MGM Grand Detroit fired him for refusing to get a COVID-19 vaccination, ruling a jury should decide whether the casino could have accommodated his beliefs by letting him skip the jab.

  • November 19, 2024

    FDIC's Gruenberg To Exit On Eve Of Trump's Inauguration

    The Federal Deposit Insurance Corp.'s embattled chairman, Martin Gruenberg, said Tuesday that he will step down and retire from the agency before President-elect Donald Trump takes office, clearing the way for a new, likely Republican leader at the deposit insurer.

  • November 19, 2024

    Law Firm Wants Out Of Ex-Paralegal's OT, Disability Suit

    An Allentown, Pennsylvania, law firm is asking a federal judge to dismiss a former paralegal's claim that the firm fired her due to her panic disorder, arguing that among other things, the paralegal failed to prove she has a legitimate disability recognized by law.

  • November 18, 2024

    Pol Says Ex-Staffer 'Indicated' Link To Chandra Levy's Killing

    A California state senator accused by her former chief of staff of sexual harassment fired back with a countersuit alleging he stole $50,000 from her campaign, abused drugs and "indicated" to her that he is responsible for the notorious unsolved homicide of Chandra Levy.

  • November 18, 2024

    Worker Urges High Court To Fix Rift In Axed Age Bias Suit

    A former Halliburton employee asked the U.S. Supreme Court on Monday to overturn a Tenth Circuit order shuttering his age bias suit after finding he couldn't challenge an arbitration award because the case was voluntarily dismissed, arguing the ruling creates a "twilight zone" in the law.

  • November 18, 2024

    BCBS Wants New Trial After Worker's $12M Vax Suit Win

    Blue Cross Blue Shield of Michigan has urged a federal judge to expunge a $12.69 million jury award won by a former employee who claimed she was unlawfully fired because her religious beliefs forbade her from getting a COVID-19 vaccination, saying her evidence of discrimination wasn't up to snuff.

  • November 18, 2024

    General Mills Plant 'Haunted' By Racist Past, Workers Say

    A group of Georgia General Mills plant workers who said their workplace was run by a clique of neo-Confederate racists fought back Monday against the company's bid to toss the suit, arguing the plant remains "haunted" by a legacy of white supremacist leadership.

  • November 18, 2024

    BlackBerry Faces Uphill Fight To Nix Harassment Claims

    A California federal magistrate judge expressed doubts Monday about BlackBerry's latest bid to toss claims that its current CEO sexually harassed a former executive before he took the top job, saying she's unsure if she can decide at the pleading stage what constitutes "objectively severe" discrimination.

  • November 18, 2024

    Trump Co. Seeks Coverage Of Wage Theft, Discrimination Suit

    The Trump Corp. asked a New York federal court to force an insurer to defend it in a more than $500,000 wage theft and age discrimination dispute brought by a former employee of a company-managed luxury condo in Manhattan.

  • November 18, 2024

    Ex-UPS Driver's $238M Race Bias Verdict Slashed To $40M

    A Washington federal judge reduced a $237.6 million jury verdict in a Black former UPS driver's lawsuit claiming he was treated differently than his white colleagues and fired for speaking up, ruling the worker hadn't provided enough evidence to support jurors' $198 million punitive damages award.

  • November 18, 2024

    Amazon Worker Can't Add Retaliation Claim To December Trial

    A federal judge in Washington state has rejected a worker's eleventh-hour bid to amend his lawsuit accusing Amazon of passing him up for a promotion after he took protected military leave, saying the operations manager cannot "ambush" the e-commerce giant with fresh retaliation allegations just weeks before a trial in December.

  • November 18, 2024

    Diddy Accusers' Atty Buzbee Accused Of Extorting Celebs

    An anonymous public figure lodged a suit in Los Angeles court Monday accusing personal injury lawyer Tony Buzbee of using false rape allegations to "shake down innocent celebrities, politicians and businesspeople" who have even the smallest ties to indicted hip-hop mogul Sean "Diddy" Combs.

  • November 18, 2024

    EEOC Top Cop To Argue At 10th Circ. In 'Unusual' Move

    The U.S. Equal Employment Opportunity Commission's general counsel is scheduled to make an uncommon courtroom appearance Tuesday when she ventures to the Tenth Circuit to argue that the U.S. Supreme Court's April decision in Muldrow v. St. Louis eases the path forward for workers bringing disability discrimination claims.

  • November 18, 2024

    Calif. Staffing Biz Settles Immigration Bias Claim With DOJ

    The U.S. Department of Justice said it reached an agreement to resolve claims that a California staffing company refused to accept a valid work authorization document from a woman seeking employment.

  • November 18, 2024

    3rd Circ. Shuts Down Healthcare Workers' Vax Bias Suit

    A split Third Circuit panel said a group of Christian workers can't revive suits claiming a healthcare provider illegally fired them for refusing the COVID-19 vaccine on religious grounds, finding they failed to show how their beliefs prevented them from getting immunized.

  • November 18, 2024

    High Court Turns Away Ex-Volvo Worker's Military Bias Suit

    The U.S. Supreme Court declined Monday to review a U.S. Army veteran's suit claiming Volvo fired her because of her military service and post-traumatic stress disorder, leaving in place a Seventh Circuit decision that refused to reinstate a $7.8 million jury verdict in her favor.

  • November 15, 2024

    Ye's Ex-Construction Manager Latest To Sue For Misconduct

    Ye has been hit with yet another employee lawsuit, this time from a former project manager alleging he was subjected to daily antisemitic tirades, forced to listen to the rapper have sex, and ultimately fired for refusing to start construction on a new Donda Academy building without permits.

  • November 15, 2024

    Texas Court OKs Peloton Atty's Suit Against Ex-Coworker

    A Texas appeals court won't toss a defamation suit accusing a former Peloton employee of falsely claiming to company executives and New Jersey police that she was bullied by her workplace acquaintance, an in-house attorney, after finding she can't avail herself of a state statute protecting citizens from retaliatory lawsuits.

  • November 15, 2024

    Colo. University To Pay $4.5M To Resolve Pay Bias Suit

    The University of Colorado Boulder has agreed to pay $4.5 million to resolve a proposed class action claiming hundreds of female faculty members were owed back pay after the school raised their salaries without making up for years of undercompensation, according to a state court filing.

  • November 15, 2024

    Trader Joe's Beats Fired Worker's Age Bias Suit At 1st Circ.

    The First Circuit upheld the dismissal of an 80-year-old Trader Joe's employee's suit claiming she was fired from the grocery chain out of age bias, ruling Friday that she failed to show that bias drove the company's call to terminate her after she admitted to buying beer for her underage grandson.

  • November 15, 2024

    GOP Sens. Decry 'Lack Of Urgency' On FDIC Misconduct

    Six Republican senators wrote a letter to the Federal Deposit Insurance Corp. Inspector General Jennifer L. Fain asking for a briefing on the FDIC's progress investigating claims of widespread misconduct at the agency, asserting there has been "a shocking lack of urgency."

Expert Analysis

  • A Timeline Of Antisemitism Legislation And What It Means

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    What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.

  • Colo. Ruling Adopts 'Actual Discharge' Test For The First Time

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    After a Colorado court’s recent decision in Potts v. Gaia Children, adopting for the first time a test for evaluating an actual discharge claim, employers must diligently document the circumstances surrounding termination of employment, and exercise particular caution when texting employees, says Michael Laszlo at Clark Hill.

  • It's Time For Nationwide Race-Based Hair Protections

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    While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.

  • After Chevron: EEOC Status Quo Will Likely Continue

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    As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • What 2 Rulings On Standing Mean For DEI Litigation

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    Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • Top 5 Issues For Employers To Audit Midyear

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    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Tailoring Compliance Before AI Walks The Runway

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    Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.