Discrimination

  • November 15, 2024

    MVP: McNicholas & McNicholas' Matthew McNicholas

    This past year, Matthew McNicholas of McNicholas & McNicholas LLP secured a trio of multimillion-dollar verdicts on behalf of police officers who alleged they were mistreated by their departments, earning him a spot as one of the 2024 Law360 Employment MVPs.

  • November 15, 2024

    Former ADA Notches Bias Win Against Georgia Prosecutor

    A federal judge cast aside the "incredulous" defenses of a Georgia district attorney accused of denying a female attorney a promotion, finding her liable for sex discrimination after previously hitting the DA with a default order for her attempts to dodge being deposed.

  • November 15, 2024

    UAW Local Defeats Black Worker's Race Bias Suit At 7th Circ.

    The Seventh Circuit refused to reinstate a suit from a Black former General Motors worker who said a United Auto Workers local ignored a grievance he filed alleging that race bias cost him his job, saying he failed to explain why it took him years to challenge the union's decision.

  • November 15, 2024

    Calif. Forecast: Vision Care Co. Could Pay $3.5M In Wage Deal

    In the coming week, attorneys should watch for the potential final approval of a nearly $3.5 million deal in a wage and hour class action involving entities operating a vision care health insurance company. Here's a look at that case and other labor and employment matters on deck in California.

  • November 14, 2024

    Ex-Phoenix Suns DEI Head Sues Team For Bias, Retaliation

    The Phoenix Suns' former head of diversity, equity and inclusion sued the NBA franchise on Thursday, accusing it of continuing the racial discrimination, harassment and toxic workplace behavior that led to former owner Robert Sarver being pushed out two years ago.

  • November 14, 2024

    EEOC Says Texas, Think Tank Can't Scrap Bostock Guidance

    The U.S. Equal Employment Opportunity Commission urged a federal court to shoot down Texas' challenge to workplace harassment guidance the agency issued based on the U.S. Supreme Court's Bostock decision, arguing the state failed to demonstrate that the guidelines had caused them any harm.

  • November 14, 2024

    AutoNation Affiliate Worker's Harassment Suit Heads To Trial

    A Florida federal judge on Wednesday trimmed a lawsuit by a former employee of an AutoNation affiliate who says he was sexually harassed on the job by a co-worker, but agreed to send negligence and hostile work environment claims to a jury in January.

  • November 14, 2024

    UPS Driver's Class Claims Can Stay In Court, Judge Says

    UPS can't make a driver arbitrate his sick leave and wage class claims against the company, a Colorado federal judge ruled, finding the plaintiff is part of a group of workers who are exempt under federal arbitration law because their jobs are linked to interstate commerce.

  • November 14, 2024

    1st Circ. Says Absenteeism Sinks Ex-TSA Worker's Bias Suit

    The First Circuit refused to reopen a former Transportation Security Administration officer's lawsuit claiming she was denied a lighter work schedule because of her fibromyalgia and fired because she was pregnant, finding she was warned multiple times that her frequent absences could lead to termination.

  • November 14, 2024

    Notice Ruling For Mich. Claims Not Retroactive, Panel Says

    A Michigan Supreme Court ruling enforcing a notice requirement for lawsuits filed against the state government does not apply retroactively to cases filed in the last few years because it "reflected a 180-degree change in the law," a Michigan Court of Appeals panel said Wednesday. 

  • November 14, 2024

    EEOC's Gilbride Mulls Workplace Training Risks Post-Muldrow

    U.S. Equal Employment Opportunity Commission general counsel Karla Gilbride weighed in Thursday on when it may be considered unlawful to make an employee sit through a workplace training session they disagree with, following two recent, worker-friendly U.S. Supreme Court decisions.

  • November 14, 2024

    AI Health Care Co. Can't Sink Ex-Worker's Sex Bias Claims

    A Washington federal judge rejected an artificial intelligence company's bid to narrow a former employee's suit claiming she was fired for complaining about male workers getting better treatment, rejecting the company's argument that her case lacked adequate details.

  • November 14, 2024

    Ex-Jones Day Attys Say Firm Can't Hide Family Leave Memo

    Two married ex-associates suing Jones Day over its allegedly discriminatory family leave policy want the firm to hand over a memo from 1994, which they claim could be key to the bitterly contested case.

  • November 14, 2024

    Ex-Worker Says Johnson & Johnson Fired Her For Disabilities

    Johnson & Johnson was sued in Georgia federal court Wednesday by a former employee who said she was discriminated against for her disabilities, then fired for failing to relocate to New Jersey despite an agreement allowing her to work remotely from any East Coast location.

  • November 14, 2024

    ACLU Must Face Ex-Worker's Race Bias, Retaliation Suit

    The American Civil Liberties Union can't avoid a Black former analytics department employee's lawsuit claiming he was demoted and ultimately fired for speaking out against racism, with a New York federal judge ruling jurors should weigh the group's explanation that his lackluster work merited termination.

  • November 14, 2024

    Teamsters Look To Ax Indiana UPS Manager's Race Bias Suit

    A UPS manager can't move forward with a discrimination lawsuit against an Indianapolis Teamsters local because the union doesn't represent or employ him, the union told an Indiana federal judge, asking him to toss the suit.

  • November 14, 2024

    Judge Says Tepid Claims Doom Tortilla Co. Harassment Suit

    A worker's suit claiming a tortilla manufacturer failed to step in when a male co-worker subjected her to unwanted touching on the job was tossed by an Illinois federal judge, stating that while the incidents were "distasteful" they weren't so severe to cause a sexually hostile work environment.

  • November 14, 2024

    MVP: Gibson Dunn's Jason Schwartz

    Jason C. Schwartz, a partner at Gibson Dunn & Crutcher LLP, secured rulings from the bench in a case about his client Fearless Foundation's awarding of grants to Black female entrepreneurs and in another dispute representing DraftKings as the company sought to stop a former executive from soliciting customers ahead of the Super Bowl, earning him a spot as one of the 2024 Law360 Employment MVPs.

  • November 13, 2024

    Fla. City Fights Ex-Firefighter's ADA Suit At High Court

    A Florida city urged the U.S. Supreme Court to uphold the Eleventh Circuit's finding that the Americans with Disabilities Act doesn't protect against bias that occurs post-employment for former employees, arguing that an ex-firefighter who challenged the ruling is trying to write an exception for retirees into the law.

  • November 13, 2024

    Judge Won't Rethink Mootness Of Air Force Vax Mandate Suit

    A Georgia federal judge on Tuesday refused to reconsider his finding that a challenge by U.S. Air Force personnel to the military's now-rescinded COVID-19 vaccination mandate on religious grounds is moot, holding there is no live controversy to keep the case going.

  • November 13, 2024

    Premier Health Client Wants Out Of Ex-Director's Age Bias Suit

    University of Louisville Health has said it does not belong in an age bias suit brought against Premier Healthcare Solutions Inc. by one of the latter firm's former regional directors, arguing that it should be dismissed from the former worker's suit because he fell short on procedural requirements.

  • November 13, 2024

    9th Circ. Reopens Nevada State Worker's Age Bias Suit

    The Ninth Circuit revived a former Nevada state worker's lawsuit claiming she was fired because she was in her 50s, ruling Wednesday that she'd provided enough evidence to cast doubt on the state's assertion that she was let go for being uncooperative.

  • November 13, 2024

    Couple Sues Poultry Processor For Harassment, Retaliation

    Poultry processing company Sanderson Farms was sued in Georgia federal court Tuesday by a couple who alleges they were fired for reporting sexual harassment and retaliation they suffered at the hands of managers and co-workers.

  • November 13, 2024

    Detroit Tigers Argue Ex-VP Fired Due To COVID, Not Bias

    The Detroit Tigers have asked the court to rule in their favor in a discrimination suit filed in Michigan federal court by a Black former executive who said she was terminated due to her race and age, arguing there were legitimate reasons for workforce reductions amid the COVID-19 pandemic in 2020.

  • November 13, 2024

    Pa. AG's Office Defeats Former Drug Agent's Race Bias Suit

    The Pennsylvania attorney general's office defeated a former narcotics officer's suit claiming she was fired because she's a Puerto Rican woman, with a federal judge ruling Wednesday that no reasonable jury could find the agency's issues with her performance were cover for discrimination.

Expert Analysis

  • 5 Steps For Gov't Contractor Affirmative Action Verification

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    As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.

  • New OSHA Memo Helps Clarify Recordkeeping Compliance

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    Based on recent Occupational Safety and Health Administration guidance on whether musculoskeletal disorders are recordable injuries under the agency's recordkeeping regulation, it appears that OSHA may target active release techniques and stretching programs during its inspections, say attorneys at Morgan Lewis.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

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    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • Navigating Title VII Compliance And Litigation Post-Muldrow

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    The U.S. Supreme Court’s recent ruling in Muldrow v. St. Louis has broadened the scope of Title VII litigation, meaning employers must reassess their practices to ensure compliance across jurisdictions and conduct more detailed factual analyses to defend against claims effectively, say Robert Pepple and Christopher Stevens at Nixon Peabody.

  • Why Employers Shouldn't Overreact To Protest Activities

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    Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.

  • Best Practices To Accommodate Workplace Service Animals

    Excerpt from Practical Guidance
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    Since the U.S. Equal Employment Opportunity Commission recently pledged to enforce accommodations for people with intellectual, developmental and mental health-related disabilities, companies should use an interactive process to properly respond when employees ask about bringing service animals into the workplace, say Samuel Lillard and Jantzen Mace at Ogletree.

  • Kansas Workers' Comp. Updates Can Benefit Labor, Business

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    While the most significant shake-up from the April amendment to the Kansas Workers Compensation Act will likely be the increase in potential lifetime payouts for workers totally disabled on the job, other changes that streamline the hearing process will benefit both employees and companies, says Weston Mills at Gilson Daub.

  • Fostering Employee Retention Amid Shaky DEI Landscape

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    Ongoing challenges to the legality of corporate diversity, equity and inclusion programs are complicating efforts to use DEI as an employee retention tool, but with the right strategic approach employers can continue to recruit and retain diverse talent — even after the FTC’s ban on noncompetes, says Ally Coll at the Purple Method.

  • Justices' Title VII Ruling Requires Greater Employer Vigilance

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    The U.S. Supreme Court’s recent Muldrow v. St. Louis ruling expands the types of employment decisions that can be challenged under Title VII, so employers will need to carefully review decisions that affect a term, condition or privilege of employment, say attorneys at Morgan Lewis.

  • 6th Circ. Bias Ruling Shows Job Evaluations Are Key Defense

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    In Wehrly v. Allstate, the Sixth Circuit recently declined to revive a terminated employee’s federal and state religious discrimination and retaliation claims, illustrating that an employer’s strongest defense in such cases is a documented employment evaluation history that justifies an adverse action, says Michael Luchsinger at Segal Mccambridge.