Discrimination

  • November 08, 2024

    Ga. Man Says City Was Quick To Fire Him For Being 'Slow'

    A 20-year employee of Roswell, Georgia, hit the Atlanta-area city with a disability discrimination lawsuit Thursday, claiming it fired him rather than accommodate his known cognitive disabilities aggravated by a workplace injury two decades earlier.

  • November 08, 2024

    Jackson Lewis Adds Veteran UB Greensfelder Atty In Ohio

    Jackson Lewis PC has expanded its employment counseling and litigation capabilities in Cleveland with the addition of a longtime UB Greensfelder LLP attorney.

  • November 08, 2024

    Ex-NJ Judge Gets More Time To Make Discrimination Case

    A New Jersey court gave a former state workers' compensation judge challenging her removal from the bench more time to make her case, according to a court order.

  • November 08, 2024

    NY Forecast: 2nd Circ. Weighs NLRB Constitutionality

    This week, the Second Circuit will consider a nursing home's attempt to block a National Labor Relations Board case against it on the grounds that the agency is unconstitutionally structured. Here, Law360 looks at this and other cases on the docket in New York.

  • November 08, 2024

    9th Circ. Affirms Union Longshoreman's Promotion Denial

    A union-represented longshoreman who left his job to serve in the U.S. Air Force for nine years is ineligible for a promotion he might have received if he served five years or less, the Ninth Circuit affirmed, saying he didn't qualify for an exception to the years requirement.

  • November 08, 2024

    UPMC Health Plan Beats Bias Suit Over Black Worker's Firing

    A University of Pittsburgh Medical Center-affiliated health plan defeated a former service coordinator's suit claiming she was fired because she's Black, with a Pennsylvania federal judge finding she couldn't overcome the employer's explanation that her job performance put patients in danger.

  • November 08, 2024

    Calif. Forecast: $16M Delta Pay Stubs Deal Heads To Court

    In the coming week, attorneys should keep an eye out for potential final approval of a nearly $16 million settlement for Delta Air Lines flight attendants alleging wage claims. Here's a look at that case and other labor and employment matters coming up in California.

  • November 08, 2024

    Judge 'Baffled' By Muldrow Omission In Sex Bias Suit

    A Kansas federal judge declined to toss a former medical center worker's suit claiming she was forced to resign due to sexual harassment, while chiding the center for failing to take into account recent high court precedent clarifying the legal standards around Title VII sex bias claims.

  • November 07, 2024

    Trans Patients Say Fla. Ban On Care Should Be Bias Tested

    A proposed class of transgender individuals asking for the reversal of a ruling blocking Florida's ban on Medicaid coverage for gender-affirming care told the Eleventh Circuit on Wednesday that hostile discrimination analysis of statutes applies to classes beyond those recognized as "suspect" or "quasi-suspect."

  • November 07, 2024

    11th Circ. Affirms Judgment Against Fired Ga. Tech Coach

    The Eleventh Circuit declined to revive longtime women's basketball coach MaChelle Joseph's discrimination and retaliation claims against Georgia Tech, concluding Thursday that Title IX does not provide an implied right of action for sex discrimination in employment.

  • November 07, 2024

    ACLU Asks 11th Circ. To Back Ga. Deputy's Trans Health Win

    The full Eleventh Circuit shouldn't roll back a transgender deputy's win in her lawsuit challenging a Georgia county's refusal to pay for gender-affirmation surgery, the American Civil Liberties Union and legal groups argued Thursday, saying the U.S. Supreme Court's Bostock decision made clear that such policies violate federal law.

  • November 07, 2024

    HSBC, Exec Agree To End Racial Bias Promotion Row

    An HSBC executive has agreed to end her racial discrimination lawsuit against her employer over an allegedly denied promotion, the parties informed a Manhattan federal court Thursday.

  • November 07, 2024

    WNBA, Aces Urge Toss Of Suit Over Traded Pregnant Player

    The WNBA has asked a Nevada federal court to toss the lawsuit of a female basketball player, arguing that the suit, which claims the Las Vegas Aces traded her to a less prestigious team after learning she was pregnant, failed to show the league was her employer.

  • November 07, 2024

    What FTC's Lyft Fine Can Teach Us About Pay Transparency

    The Federal Trade Commission's more than $2 million penalty against Lyft over claims that the ride-hailing giant misled prospective drivers about their earning potential on the platform provides lessons for employers about pay transparency compliance, including the need to manage expectations and create clear compensation plans, attorneys say.

  • November 07, 2024

    11th Circ. Backs Bombardier In Mechanic's Race Bias Suit

    The Eleventh Circuit upheld a Bombardier unit's win Thursday in a retired Black worker's suit claiming he was forced to leave his mechanic role because of the racism he experienced on the job, finding he hadn't alleged any mistreatment serious enough to sustain his case.

  • November 07, 2024

    Wilson Sonsini Accused Of Wrongfully Firing Legal Assistant

    A former practice group assistant at Wilson Sonsini Goodrich & Rosati PC has filed a wrongful termination suit in California state court, accusing the firm of discriminating against her because of her disabilities and firing her in retaliation for raising hostile work environment and other concerns.

  • November 07, 2024

    Polsinelli Adds Reed Smith Employment Litigator In DC

    Polsinelli PC has hired a new shareholder in Washington, D.C., who spent more than two decades with Reed Smith LLP, which included time as that firm's global labor and employment chair.

  • November 07, 2024

    Medical Device Co. Inks $57K Deal In OFCCP Sex Bias Probe

    The U.S. Department of Labor's federal contractor watchdog said Thursday it reached a $57,000 deal with a medical supply company to resolve allegations that it didn't consider promoting women to a certain role. 

  • November 07, 2024

    Chemical Co. Can't Completely Sink EEOC Racial Slur Suit

    A chemical company must face a U.S. Equal Employment Opportunity Commission lawsuit claiming it failed to stop a Hispanic employee from using racist slurs, with a Missouri federal judge ruling jurors could find a single confrontation with a Black co-worker was extreme enough to support the case.

  • November 07, 2024

    6th Circ. Backs Dismissal Of Fired Trans EMT's Bias Suit

    The Sixth Circuit declined to reinstate a transgender EMT's suit claiming she was fired due to her gender identity, ruling that she couldn't overcome her employer's position that she was terminated for being rude and unprofessional on the job.

  • November 07, 2024

    Library Of Congress Escapes 20-Year-Old Race, Pay Bias Suit

    The Library of Congress does not have to face an almost 20-year-old lawsuit in which African American employees alleged that the institution subjected them to workplace harassment and discriminatory practices in hiring and pay, a D.C. federal judge ruled, finding that the workers' Title VII claims lacked specificity.

  • November 06, 2024

    Ousted Denver Transit Top Cop Alleges Racism Drove Firing

    A former Black police chief for a Denver transportation district is suing the agency for discrimination and retaliation after he was fired in September, claiming the district failed to properly investigate complaints about racist behavior by white officers and then fired him based on a retaliatory complaint.

  • November 06, 2024

    EEOC, Union Still Can't Get Approval To End 53-Year-Old Suit

    A New York federal judge rejected the latest bid from the U.S. Equal Employment Opportunity Commission and an Ironworkers local for approval of a deal to end a decades-old race bias suit, finding Wednesday they still couldn't provide data showing racial hiring disparities had been eliminated.

  • November 06, 2024

    GOP Election Wins May Set Stage For Curbing Workplace DEI

    Even with some races still unresolved after Election Day, President-elect Donald Trump's defeat of Vice President Kamala Harris and Republican gains in Congress will likely spur efforts to curtail workplace diversity, equity and inclusion programs, experts say.

  • November 06, 2024

    HP Applicant Gets Pay Posting Suit Sent Back To State Court

    A Washington federal judge sent back to state court a job applicant's proposed class action accusing HP of violating state law by failing to include salary ranges in job postings, saying the worker hasn't shown she has standing to pursue the dispute in federal court.

Expert Analysis

  • Texas Hair Bias Ruling Does Not Give Employers A Pass

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    A Texas state court’s recent decision, holding that a school could discipline a student with locs for refusing to cut his hair, should not be interpreted by employers as a license to implement potentially discriminatory grooming policies, says Dawn Holiday at Jackson Walker.

  • Broadway Ruling Puts Discrimination Claims In The Limelight

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    A New York federal court's recent decision in Moore v. Hadestown Broadway that the employers' choice to replace a Black actor with a white actor was shielded by the First Amendment is the latest in a handful of rulings zealously protecting hiring decisions in casting, say Anthony Oncidi and Dixie Morrison at Proskauer.

  • Breaking Down California's New Workplace Violence Law

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    Ilana Morady and Patrick Joyce at Seyfarth discuss several aspects of a new California law that requires employers to create and implement workplace violence prevention plans, including who is covered and the recordkeeping and training requirements that must be in place before the law goes into effect on July 1.

  • Studying NY, NJ Case Law On Employee Social Media Rights

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    While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • What Texas Employers Should Know After PWFA Ruling

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    After a Texas federal judge recently enjoined federal agencies from enforcing the Pregnant Workers Fairness Act against the state of Texas, all employers must still remain sensitive to local, state and federal protections for pregnant workers, and proactive in their approach to pregnancy-related accommodations, says Maritza Sanchez at Phelps Dunbar.

  • AI In Performance Management: Mitigating Employer Risk

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    Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.