Discrimination

  • February 26, 2024

    Black Truck Drivers Can't Revive Race Bias Suit At 3rd Circ.

    Two Black truck drivers for a supermarket chain couldn't beat "voluminous evidence" that they were fired for threatening a co-worker who one called a "rat" or a "snitch," the Third Circuit ruled, refusing to revive their suit blaming race bias for their termination.

  • February 26, 2024

    Medical Clinic Settles EEOC's Pregnancy Bias Suit

    A medical clinic will pay $50,000 to end a U.S. Equal Employment Opportunity Commission suit accusing it of illegally disciplining an employee after she missed work due to pregnancy complications and firing her when she contracted COVID-19, a Georgia federal court ruled.

  • February 26, 2024

    High Court Skips Black School Administrator's Retaliation Suit

    The U.S. Supreme Court declined Monday to review a suit from a Black school administrator who claimed she was denied a promotion for opposing racial desegregation plans, leaving in place a split Eighth Circuit decision that found federal employment bias law didn't protect her.

  • February 23, 2024

    7th Circ. Says Bonuses Needn't Be Disability-Accessible

    An Illinois fire department did not fail to accommodate a firefighter's disability by requiring him to attend college classes before giving him a raise, the Seventh Circuit ruled Friday, because raises are not something that workers are necessarily entitled to.

  • February 23, 2024

    10th Circ. Won't Reopen School Admin's Retaliation Suit

    The Tenth Circuit declined Friday to reinstate a middle school assistant principal's lawsuit alleging she was retaliated against for flagging a student's sexual assault, saying she failed to show that the school's reprimand for how she handled the incident was out of line.

  • February 23, 2024

    9th Circ. Seems Skeptical Of Vegas Worker's Harassment Suit

    The Ninth Circuit appeared hesitant Friday to fully revive a Las Vegas casino employee's suit alleging it did nothing while she was harassed on the casino floor by former NFL player Richard Sherman, with one judge noting that the worker never suffered a negative impact on her job.

  • February 23, 2024

    Reed Smith Names New Heads In Downtown LA, Century City

    Reed Smith LLP has named new managing partners at its two Los Angeles offices, with a longtime corporate attorney assuming control in the Century City office and a labor and employment attorney taking the reins in the downtown Los Angeles office.

  • February 23, 2024

    Mich. Panel Lets Truck Co.'s Win Stand In Age Bias Suit

    A Michigan appeals court has refused to reinstate a former truck company employee's lawsuit alleging she was fired because she was in her 50s and flagged a health issue, saying she failed to rebut the company's argument that she was let go because it no longer had work for her.

  • February 23, 2024

    Houston School Defeats Gay Teacher's Discrimination Suit

    A Texas federal judge tossed a teacher's suit claiming he was let go for being gay, ruling that the Montessori school he worked for showed that his contract wasn't renewed because of complaints about his teaching abilities, not his sexual orientation.

  • February 23, 2024

    Ex-Software Co. Worker Axed For Unpaid Wage Ask, Suit Says

    A software company fired an 86-year-old employee after he complained that he was not paid for months of work, the worker alleged in a lawsuit filed in New Jersey state court, saying his former employer owes him more than $16,000 in unpaid wages and $32,000 in damages.

  • February 23, 2024

    Calif. Forecast: Court Weighs Bay Area Transit Vax Mandate

    In the coming week, attorneys should keep an eye out for a potential ruling on summary judgment bids in a religious discrimination case involving former San Francisco Bay Area Rapid Transit District workers. Here's a look at that case and other labor and employment matters on deck in California.

  • February 23, 2024

    NY Forecast: 'Loser Pays' Arbitration Clause At 2nd Circ.

    This week, the Second Circuit will consider a staffing company's challenge to a lower court decision that blocked arbitration proceedings with a worker over a provision in the arbitration agreement that required the worker to pay if he lost the case. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 23, 2024

    11th Circ. Backs Hospital's Win In Black Worker's Bias Suit

    The Eleventh Circuit refused to reinstate a worker's suit accusing a hospital of passing her over for a promotion because she's Black and then placing her on leave after she complained, saying she failed to rebut her employer's argument that it chose a better candidate for the position.

  • February 23, 2024

    Ex-Major Lindsey Worker Fights Arbitration In Sex Assault Suit

    The trustee for a former Major Lindsey & Africa employee pursuing a negligence suit in New York state court against the firm tied to a reported sexual assault has filed an opposition to the legal recruiting giant's motion to compel arbitration, arguing that it disregarded "the seismic shift in the law against forced arbitration."

  • February 22, 2024

    Fired Exec Says Conn. Hospital Booted Her For Her Age

    A former Waterbury Hospital executive is suing her ex-employer in Connecticut federal court, saying it posted her job on a career site while she was on medical leave and then fired her so the CEO could "replace her with someone younger and more attractive."

  • February 22, 2024

    BNSF Says It Fired Conductor For Suspected Lies, Not Leave

    BNSF Railway Co. is urging a Washington federal court to dismiss claims that it fired a worker for using medical leave, arguing that the evidence shows the company honestly believed the worker misused leave as vacation days.

  • February 22, 2024

    Waldorf Astoria's Math Sends Wage Suit To Calif. State Court

    A proposed class action claiming a Los Angeles-area Waldorf Astoria hotel owes workers wages will head back to state court after a California federal judge found that the luxury hotel didn't show the amount in controversy is more than $5 million.

  • February 22, 2024

    11th Circ. Backs Mayo Clinic Win In Race, Sex Bias Case

    The Eleventh Circuit on Wednesday declined to reinstate a case brought against Mayo Clinic by a Black former clinical specialty representative who alleged she was treated differently than white employees throughout her employment and later fired as a result of her race and gender.

  • February 22, 2024

    ABC Can't Beat Suit Over 'General Hospital' Antivax Firings

    A California state judge has refused to ax a religious discrimination claim against the ABC television network by crew members of "General Hospital" who unsuccessfully sought exemptions from its COVID-19 vaccine mandate, saying a jury should decide whether the plaintiffs were being honest about their religious beliefs when seeking accommodations.

  • February 22, 2024

    Google Says Worker's Poor Performance Dooms Age Bias Suit

    Google urged a Texas federal judge to grant it a pretrial win in a former sales manager's lawsuit alleging the company's push to replace older men with younger female workers cost him his job, saying the evidence shows he was cut loose for his poor performance.

  • February 22, 2024

    NJ Public Defender Gets Partial Win In Atty's Bias Case

    A New Jersey state judge on Thursday tossed several allegations against the state's Office of the Public Defender in a suit brought by a former employee alleging that she was forced to resign because of discrimination and a hostile work environment, ruling that she failed to provide the state agency with proper notice of her complaint.

  • February 22, 2024

    2nd Circ. Won't Revive Race Bias Suit Against Moody's

    The Second Circuit backed the dismissal of a Black former payroll manager's race discrimination suit against Moody's Corp., finding the credit rating company was in the clear to sack her because she ignored company protocols and opened herself up to a phishing attack.

  • February 22, 2024

    Ex-Mich. Judge May Lose Law License Loss Challenge

    A Michigan magistrate judge recommended the dismissal of a former judge's suit alleging the state's judicial disciplinary board defamed her by denying the reinstatement of her law license.

  • February 22, 2024

    Hearst Lands Win Over Boston Videographer's Vax Claims

    A news videographer's concerns about receiving the COVID-19 vaccine fell short of qualifying as a sincerely held religious belief, according to a Boston federal judge whose ruling Thursday dismissed the fired employee's worries as mere personal judgments "rigged out with religious verbiage."  

  • February 22, 2024

    Narcoleptic Doc Unfit For Anesthesiology, 11th Circ. Holds

    The Eleventh Circuit on Wednesday upheld a win by the Board of Regents of the University System of Georgia in a discrimination lawsuit brought by a former anesthesiology resident, finding that the resident's narcolepsy diagnosis didn't change the fact that he "could not perform the essential functions of the job and posed a risk to patient safety."

Expert Analysis

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • 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.