Discrimination

  • June 26, 2024

    LVMH Can't Yet Collect $490K Award From Former Legal Exec

    A Manhattan judge on Wednesday confirmed LVMH Moet Hennessy Louis Vuitton Inc.'s $490,000 arbitration win for a former legal executive's alleged contract violations, but declined to enforce the payment until the two sides resolve a related sexual harassment and retaliation dispute.

  • June 26, 2024

    Ex-Seattle Cancer Center Worker Settles Suit Over 'Woke' DEI

    A former clinical social worker for Seattle's Fred Hutchinson Cancer Center has agreed to drop her lawsuit accusing management of firing her for protesting diversity programming as laden with "woke" identity politics, according to a recent stipulation filed in Washington federal court.

  • June 26, 2024

    8th Circ. Won't Pause PWFA Regs During GOP States' Appeal

    The Eighth Circuit declined to block U.S. Equal Employment Opportunity Commission regulations implementing the Pregnant Workers Fairness Act while several Republican state attorneys general challenge the dismissal of their suit targeting the rule's abortion coverage.

  • June 26, 2024

    Veteran Says Starbucks Fired Him Over Parental Leave

    Starbucks retaliated against an Army veteran who took time off after the birth of his child by firing him during a Teams call, a lawsuit in Washington federal court claims.

  • June 26, 2024

    Security Co. Cuts Deal To End EEOC Disability Bias Suit

    Security company GardaWorld reached a $37,500 deal with the U.S. Equal Employment Opportunity Commission to resolve its lawsuit accusing the company of wrongly refusing to provide a deaf employee with a sign language interpreter despite the worker's multiple requests, a filing in Florida federal court said.

  • June 26, 2024

    NYC Firm Settles Ex-Receptionist's Retaliatory Firing Suit

    Donaldson & Chilliest LLP has struck a tentative settlement with a former receptionist over claims that the firm retaliated and fired her after she reported that an associate had tried to rape her.

  • June 26, 2024

    Grocer, EEOC End Suit Over Snubbed Rastafarian Applicant

    A grocery chain has agreed to pay a job hopeful $40,000 to close a U.S. Equal Employment Opportunity Commission suit alleging the company discriminated against his Spiritualist Rastafarian beliefs when it declined to hire him because he refused to cut his dreadlocks.

  • June 26, 2024

    Feds' 5th Circ. Win On Preventive Care May Imperil ACA

    The Fifth Circuit's decision to knock out a national injunction against preventive services coverage requirements under the Affordable Care Act left healthcare advocates breathing a sigh of relief, but attorneys say even more of those requirements may be on the chopping block.

  • June 26, 2024

    AT&T Strikes Deal To Exit Former Exec's Age Bias Suit

    AT&T reached a deal Wednesday to resolve a former assistant vice president's suit alleging he was fired because he's a 58-year-old white man, a filing in Georgia federal court said.

  • June 25, 2024

    Judge Says ADA Protects Gender Dysphoria In Trans Bias Suit

    A federal judge said two Arizona lawmakers can't toss a suit aiming to block a state law banning transgender girls from participating in girls' school sports, ruling gender dysphoria is protected under the Americans with Disabilities Act to keep their disability bias claims in play.

  • June 25, 2024

    6th Circ. Won't Bless More Relief For Fired FCA Worker

    A former Fiat Chrysler Automobiles employee who scored a $148,000 arbitration award on claims that he was wrongly fired for taking approved time off can't get more damages or reinstatement to the exact position he once held, the Sixth Circuit ruled.

  • June 25, 2024

    9th Circ. Won't Revive Ex-County Worker's Race Bias Suit

    The Ninth Circuit backed a Nevada county's defeat of a Black former juvenile probation officer's lawsuit claiming he was fired because he'd previously filed a discrimination suit against the county, saying Tuesday rumors and a supervisor's rude attitude weren't enough to sustain his bias allegations.

  • June 25, 2024

    EEOC Backs Fired Worker's Pregnancy Bias Suit At 4th Circ.

    The U.S. Equal Employment Opportunity Commission urged the Fourth Circuit to reinstate a hospital worker's suit claiming she was fired for requesting a reprieve from 12-hour workdays to manage her high-risk pregnancy, arguing the lower court used incorrect legal standards to toss her case.

  • June 25, 2024

    Attys Looking To States For Movement On AI Bias

    With an upcoming presidential election casting a long shadow over Capitol Hill, discrimination lawyers following the regulation of artificial intelligence in the workplace should keep a close eye on the states in the second half of 2024. Here are three things management-side lawyers say they'll be monitoring.

  • June 25, 2024

    United Strikes Deal To Exit Bias Suit Over Mask Policy

    United Airlines told a California federal court it reached a deal with a baggage handler to end his lawsuit after the Ninth Circuit determined a jury should hear his claims that the company unlawfully refused to let him wear a face shield in lieu of a mask during the COVID-19 pandemic.

  • June 25, 2024

    CEO Claims She Was Pushed Out, Told To Focus On Family

    The former chief executive officer of a petroleum distributor said in a complaint filed Monday that she was forced out of her position and replaced by a man after her mother, the board chair, told her to focus on spending time with her family.

  • June 25, 2024

    Pipefitters Union Wants Out Of Black Worker's Race Bias Suit

    A pipefitters union local asked a Pennsylvania federal judge to dismiss a member's $10 million racial bias lawsuit, saying the worker's employer, not the union, bears responsibility for any racism he experienced on the job.

  • June 25, 2024

    NJ Says Union Skipped Over Black Workers For Job Referrals

    An ironworkers union passed over workers for job assignments solely because they were Black and looked the other way when workers complained they were subjected to racist, sexist and homophobic harassment, the state of New Jersey told a state court.

  • June 25, 2024

    Co. Denies Deaf Worker's Interpreter Requests, EEOC Says

    Security company GardaWorld refused to provide a deaf employee with a sign language interpreter after it took over a Florida bank location despite the worker's multiple requests, the U.S. Equal Employment Opportunity Commission told a federal court.

  • June 25, 2024

    Wynn Casino Can't Undo Rehiring Of Worker Fired For Slur

    Wynn Resort's Encore Boston Harbor Casino has lost its effort to overturn an arbitrator's decision to reinstate and issue back pay to a call center reservation worker it fired for allegedly calling a Black colleague a racial slur.

  • June 25, 2024

    Ex-DuPont Workers' Age Bias Suit Cleared For Trial

    A Louisiana federal judge refused to grant a win to DuPont in two former employees' suit alleging they were fired because they were in their 40s and 50s, saying a jury should determine whether age bias or safety violations caused their terminations.

  • June 24, 2024

    Robust Pay Equity Clauses Grab Spotlight In $15M Snap Deal

    A $15 million settlement that Snapchat parent Snap Inc. struck with California's civil rights watchdog to resolve sex bias allegations includes cutting-edge provisions that could foreshadow future trends in pay equity laws, experts said.

  • June 24, 2024

    Split 4th Circ. Panel Reopens DEA Applicant's Retaliation Suit

    The Fourth Circuit reinstated a lawsuit Monday accusing the U.S. Drug Enforcement Administration of pulling a job offer after it learned the applicant had participated in a sexual harassment suit against the FBI, saying a trial court held the would-be special agent to too high of a standard.

  • June 24, 2024

    Radio Host Says Politics Behind 'All Lives Matter' Tweet Firing

    A former radio announcer for the Sacramento Kings is forging ahead with his wrongful termination suit in California federal court, emphasizing that broadcaster Bonneville International Corp.'s decision to fire him after he tweeted "All Lives Matter" following the 2020 murder of George Floyd was politically motivated.

  • June 24, 2024

    Health Co. Narrows Doctor's Reneged Benefits Suit

    An Arizona federal judge trimmed a doctor's suit claiming her healthcare system employer refused to let her use her benefits to take time off to undergo cancer treatments, but kept alive claims that the company violated state and federal law by misleading her about paid leave.

Expert Analysis

  • Where Employers Stand After 5th Circ. Overturns Title VII Test

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    The substantial impact of the recent holding in Hamilton v. Dallas County means employers in the Fifth Circuit can now be liable under Title VII for a whole range of conduct not previously covered — but the court did set limits, and employers can take tangible steps to help protect themselves, say Holly Williamson and Steven DiBeneditto at Hunton.

  • Gauging The Scope Of NYC's New AI Employment Law

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    Although employers have received some guidance on the requirements of New York City's new restriction on the use of automated employment decision tools, there are many open questions to grapple with as Local Law 144 attempts to regulate new and evolving technology, say attorneys at Gibson Dunn.

  • Eye On Compliance: Women's Soccer Puts Equal Pay In Focus

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    As the U.S. Women's National Team returns from World Cup, employers can honor the fighting spirit of the athletes — which won them a historic gender pay equality settlement in 2022 — by reviewing federal equal pay compliance requirements and committing to a level playing field for all genders, says Christina Heischmidt at Wilson Elser.

  • Inflexible Remote Work Policies Can Put Employers In A Bind

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    As made clear in the recent decision by a Pennsylvania federal court in Oross v. Kutztown University, employers need to engage in individualized assessments of all requests for exemptions or accommodations to return-to-work policies to avoid potentially violating the Americans with Disabilities Act or Rehabilitation Act, say attorneys at Troutman Pepper. 

  • Congress Should Ban Employee Body Size Discrimination

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    New York City's recent enactment of a law that bans employers from discriminating against applicants and employees because of their height or weight should signal to Congress that now is the time to establish federal legislation that would prohibit such harmful practices, says Joseph Jeziorkowski at Valiant Law.

  • Why Employers Should Heed High Court Web Designer Ruling

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    While not an employment law ruling, the U.S. Supreme Court's recent decision in the First Amendment case 303 Creative v. Elenis raises serious questions for employers that constitute public accommodations and have related anti-discrimination policies, says Tanner Camp at Foley & Lardner.

  • What To Expect From The EEOC's Proposed Pregnancy Law

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    U.S. Equal Employment Opportunity Commission regulations implementing the Pregnant Workers Fairness Act require accommodations for many conditions related to pregnancy and childbirth, and while the final rule won't be published until the public comment period expires in October, employers should act promptly, says Amy Gluck at FisherBroyles.

  • Employer Best Practices For Pay Transparency Compliance

    Excerpt from Practical Guidance
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    With conflicting pay transparency and disclosure laws appearing across the country, employers must carefully develop different strategies for discussing compensation with employees, applicants, and off-site workers, disclosing salaries in job ads, and staying abreast of new state and local compliance requirements, says Joy Rosenquist at Littler Mendelson.

  • Congress Must Level The Employer Arbitration Playing Field

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    Federal courts have largely eviscerated state bans on arbitration of employment claims through Federal Arbitration Act preemption holdings, and they are also limiting the impact of the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, so Congress needs to step in and amend both laws, says Alan Kabat at Bernabei & Kabat.

  • What 11th Circ. Revival Of Deaf Employee's Bias Suit Portends

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    The Eleventh Circuit's recent Beasley v. O'Reilly Auto Parts decision, which created a circuit split involving the issue of linking accommodations under the Americans with Disabilities Act to essential job functions, is a curiosity about the court's analysis at least and a potential game changer for employer duties at most, says John Doran at Sherman & Howard.

  • What To Watch As Justices Take Up Title VII Job Transfer Case

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    With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.

  • Parsing EEOC Guidance On Accommodating Low Vision

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    Employers need to examine recent Equal Employment Opportunity Commission guidance on provisions for employees who are blind or partially sighted, particularly on the consequences of terminating an employee with blindness or low vision without meeting obligations under the Americans with Disabilities Act, says Amy Epstein Gluck at FisherBroyles.

  • 5 Tips For Employers Handling Generative AI Privacy Risks

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    Employers should carefully consider the privacy implications of using generative artificial intelligence tools, and employ steps to mitigate the risks, such as de-identifying data, providing notice and identifying data flows, say Zoe Argento and Amy Kabaria at Littler.