Discrimination

  • February 20, 2024

    Conn. State Worker Wins $5K In Racial Hostility Claims

    Connecticut's state energy and environmental regulator is liable for the hostile work environment that a Black employee endured before and after he claimed that he found a noose near his workstation in June 2018, a federal jury has found.

  • February 20, 2024

    Tennis Organization Found Negligent In Pro's Sexual Assault

    A Florida federal judge has sided with tennis pro Kylie McKenzie, finding that the U.S. Tennis Association did not do enough to monitor her coach Anibal Aranda, who sexually assaulted her.

  • February 20, 2024

    SEIU Local Beats Cleaner's Race Bias Suit At 2nd Circ.

    The Second Circuit declined Tuesday to revive a race bias suit from a Hispanic office cleaner who said her union unlawfully failed to press a grievance about her workload, saying the worker hadn't shown that prejudice influenced the union's decision making.

  • February 20, 2024

    High Court Won't Wade Into CSX Medical Leave Fight

    The U.S. Supreme Court on Tuesday rejected former CSX Transportation employees' push for review of a Fourth Circuit ruling that ended their suit claiming they were unlawfully fired for requesting medical leave.

  • February 20, 2024

    Ex-IBM Workers Can't Get Justices To Tackle Age Bias Battle

    The U.S. Supreme Court on Tuesday turned away a group of ex-IBM workers' bid for review of a Second Circuit ruling that said they had to pursue age bias claims in arbitration rather than court, despite their argument that the decision conflicted with high court precedent.

  • February 20, 2024

    Justice Alito Rips 'Dangerous' Denial Of Admissions Case

    U.S. Supreme Court Justice Samuel Alito slammed his colleagues' refusal to wade into a dispute over a Virginia high school's use of race in admissions decisions Tuesday, calling a Fourth Circuit decision upholding the policy "patently incorrect and dangerous" and the high court's willingness to let it stand "hard to understand."

  • February 20, 2024

    1st Circ. Backs Genzyme Win In Worker's Race Bias Case

    Genzyme Therapeutic Products LP saw its pretrial win in a discrimination case upheld by the First Circuit, which found that a Black manager did not offer enough proof to show that his poor performance review was the result of racial bias.

  • February 16, 2024

    Trump Campaign Slams Ex-Aide's Adult Survivor's Act Suit

    Donald Trump's presidential campaign asked a New York judge Friday to throw out a former aide's lawsuit alleging she was raped by her campaign supervisor, saying she can't revive time-barred claims under the Adult Survivor's Act because she isn't a New York resident and the alleged assault didn't happen there.

  • February 16, 2024

    Ex-Fox News Staffer Ends Suit Alleging Sex Assault By Ailes

    A former Fox News booking director has dropped her suit accusing the company of inaction when the late executive Roger Ailes allegedly sexually assaulted her, according to a joint stipulation filed in New York state court on Friday.

  • February 16, 2024

    Jimmy Iovine Accuser Ends NY Sex Assault Suit

    An unnamed woman who accused Interscope Records co-founder Jimmy Iovine of sexual abuse and battery has dropped her legal claims, according to a Thursday filing in New York state court.

  • February 16, 2024

    DOL To Appeal Disclosure Of Contractor Demographic Reports

    The U.S. Department of Labor says it will appeal a ruling from a California federal judge requiring it to cough up thousands of federal contractors' workforce demographic reports that the judge said were not protected from disclosure as either commercial data or trade secrets.

  • February 16, 2024

    11th Circ. Upholds Insurer's Win In Worker's Health Bias Fight

    The Eleventh Circuit on Friday rejected a former Alfa Mutual Insurance Co. worker's bid to reopen her disability discrimination suit accusing the insurer of illegally firing her to sidestep high healthcare costs related to her multiple sclerosis and severe migraines.

  • February 16, 2024

    ADA Does Not Protect Medical Pot Use, Vt. Court Says

    A Vermont transit worker can't pursue a civil rights lawsuit against his employer who terminated him after he tested positive for marijuana, a Vermont federal judge has ruled, saying the Americans with Disabilities Act doesn't protect people with disabilities treated with medical marijuana.

  • February 16, 2024

    Workday Deputy GC Wants Atty's Bias Suit Tossed

    A deputy general counsel for Workday urged a California federal court to dismiss her from a Black former subordinate's claims of harassment, retaliation and discrimination, arguing that the Maryland-based worker was improperly seeking the protection of California state laws.

  • February 16, 2024

    Jewish Teacher Says Bias Suit Dismissal Flouted Case Law

    A Jewish middle school teacher who claims she faced unfair treatment at work due to her religion and repercussions for posting on Facebook about an assault by a student has urged a federal judge to rethink an early win granted to her school district against her retaliation and bias claims.

  • February 16, 2024

    Colo. Must Guard Against Unfair Bar Exam Asks, Official Says

    A high-ranking Colorado official on Friday told a state judge in Denver that the state lawyer licensing authority must deny accommodation requests from bar applicants who don't have proper documentation in order to avoid anyone getting an undue advantage on the exam.

  • February 16, 2024

    4th Circ. Rejects Ex-Hoops Coach's Appeal Of Bias Suit Loss

    The Fourth Circuit refused to revive a former Maryland high school basketball coach's race and sex discrimination suit, saying school officials' belief that she had used an expletive to denounce white people during a team meeting was enough to sustain its decision to fire her.

  • February 16, 2024

    Calif. Forecast: Coverall Wage Cases Head To 9th Circ. Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a pair of cases against janitorial franchising company Coverall North America Inc. Here's a look at those cases and other labor and employment matters coming up in California.

  • February 16, 2024

    NY Forecast: 2nd Circ. Hears Xerox Healthcare Union Case

    In the coming week, the Second Circuit will consider a union's argument to overturn a lower court decision holding that a union could not arbitrate a grievance over Xerox's decision to end health benefits for retired workers. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 16, 2024

    Judge Trims Ex-CFO's Sex Bias Claims Against Anderson Kill

    A New York federal judge on Thursday trimmed sex bias claims from a former chief financial officer's disability discrimination lawsuit against insurance recovery law firm Anderson Kill PC, while denying the firm's request to disqualify the former executive's counsel.

  • February 16, 2024

    Trump Atty Didn't Go 'Rogue' In Pushing Club NDA, Court Told

    A former server suing a Trump Organization golf club over a nondisclosure agreement that she was allegedly illegally induced to sign by one of Donald Trump's lawyers has urged a New Jersey state court to keep her suit alive, arguing that the club's motion to dismiss relies on "absurd" arguments.

  • February 16, 2024

    Applicant Lost Job Offer Over Cancer Diagnosis, EEOC Says

    The U.S. Equal Employment Opportunity Commission hit two property management companies with a disability bias suit in Massachusetts federal court, claiming they rescinded a job offer after the applicant was diagnosed with breast cancer. 

  • February 15, 2024

    Kirkland Fights Uphill To Get Atty's Info From 2 BigLaw Firms

    A California federal magistrate judge appeared skeptical Thursday of Kirkland & Ellis' bid to subpoena confidential personnel information from a former IP associate's prior employers Paul Hastings LLP and Fish & Richardson PC in Kirkland's defense against her discrimination suit, telling counsel the requests seem overbroad and "at best marginally relevant."

  • February 15, 2024

    NJ Court Affirms Tossing Of Corrections Worker's Bias Suit

    The New Jersey Department of Corrections provided reasonable accommodations for a secretarial assistant and continually engaged in a "responsive interactive process" regarding her disability, a state appellate court found Thursday in affirming the dismissal of her suit alleging a hostile work environment.

  • February 15, 2024

    Ga. Univ. System Immune To Retaliation Suit, 11th Circ. Says

    An Eleventh Circuit panel on Thursday ruled Georgia's university system is immune from a former employee's retaliation suit since it acted as an arm of the state even while administering federal funding for a children's Head Start program.

Expert Analysis

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

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    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

  • In Focus At The EEOC: Protecting Vulnerable Workers

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    It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.

  • 4 Steps To Navigating Employee Dementia With Care

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    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Compliance Tips For Employers Facing An Aggressive EEOC

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    This year, the combination of an aggressive U.S. Equal Employment Opportunity Commission, a renewed focus on large-scale recruiting and hiring claims, and the injection of the complicated landscape of AI in the workplace means employers should be prepared to defend, among other things, their use of technology during the hiring process, say attorneys at Seyfarth Shaw.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • EEO-1 Ruling May Affect Other Gov't Agency Disclosures

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    By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • In Focus At The EEOC: Preserving Legal System Access

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    The track records of and public commentary from U.S. Equal Employment Opportunity Commission leaders — including two recently confirmed Democratic appointees — can provide insight into how the agency may approach access to justice priorities, as identified in its latest strategic enforcement plan, says Aniko Schwarcz at Cohen Milstein.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • Vaccine Accommodation Suits Show Risk Of Blanket Policies

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    A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • Workplace Challenges Amid Israeli-Palestinian Conflict

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    Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.