Discrimination

  • May 21, 2024

    Ex-Workers Drop Gender Bias Suit Against Ga. Medical Cos.

    Two female former human resources workers for a medical management company and a podiatrist center told a Georgia federal court they had agreed to drop their lawsuit accusing their ex-employers of discriminating against them based on gender, reclassifying them as hourly and firing them for complaining.

  • May 21, 2024

    3rd Circ. Revives American Airlines Pilots' Military Leave Suit

    The Third Circuit reopened a class action Tuesday accusing American Airlines of unlawfully denying pilots pay for short military assignments while compensating employees for jury duty and bereavement leave, ruling a trial is needed to determine whether time off for military service is fungible with paid absences.

  • May 20, 2024

    AMC Can Arbitrate Suit Alleging 'Hannibal' Creator Assault

    A Los Angeles judge on Monday granted AMC's request to arbitrate claims brought by a television producer who says he was sexually assaulted by "Hannibal" creator Bryan Fuller while working on a docuseries for the cable channel and also stayed claims against Fuller and all defendants.

  • May 20, 2024

    Colo. Gov. Voices 'Reservations' In Signing AI Bias Bill

    Colorado's governor has approved the nation's first framework to clamp down on algorithmic discrimination in certain artificial intelligence technologies, although he expressed several "reservations" about the measure that he urged the Legislature to address before the law takes effect in 2026. 

  • May 20, 2024

    EEOC Says Red States Can't Block PWFA Rule On Abortion

    The U.S. Equal Employment Opportunity Commission urged an Arkansas federal judge to reject a bid by 17 Republican state attorneys general to block recently finalized regulations that guide the Pregnant Workers Fairness Act, arguing that concerns about its abortion accommodations are merely hypothetical.

  • May 20, 2024

    Cops Say Challenge To NJ City Pot Policy Is State Matter

    A pair of former Jersey City, New Jersey, cops who sued city officials alleging they were wrongfully terminated for their off-duty use of regulated cannabis have asserted that the city improperly moved the matter to federal court and that the case belongs under state jurisdiction.

  • May 20, 2024

    Tesla Must Face Sweeping Race Bias Class Action

    Tesla must face a class action by scores of Black workers accusing it of a widespread culture of racial discrimination at its factory in Fremont, California, a state trial court judge has ruled.

  • May 20, 2024

    EEOC Urges Reversal In State Farm Worker's Retaliation Suit

    The U.S. Equal Employment Opportunity Commission asked the Sixth Circuit to upend State Farm's win in a former worker's suit, saying there's evidence she was fired in retaliation for helping a disabled colleague lodge a complaint against her supervisor because he abruptly yanked her accommodation.

  • May 20, 2024

    Boar's Head Can't Untangle Collective In NY Late Pay Suit

    A New York federal judge said Boar's Head can't get reconsideration of an order greenlighting a collective in a late pay suit because the workers in the case supported their claims, but granted the deli meat and cheese company's request to rework the collective definition.

  • May 20, 2024

    Ex-Detroit Tigers Worker Settles Age Bias Suit With Team

    A Michigan federal judge on Monday issued a brief order dismissing an age bias lawsuit brought by a former Detroit Tigers employee against the MLB team, saying the parties informed the court they have resolved all claims just a month before trial was set to begin.

  • May 20, 2024

    2nd Circ. Revives Ex-Transit Worker's Discrimination Suit

    The Second Circuit reopened a Black former office clerk's lawsuit alleging her supervisor at a western New York transit authority harassed her by disparaging George Floyd just weeks after his death, finding a trial court should've given her more information about conducting discovery before tossing the case.

  • May 20, 2024

    3rd Circ. Backs Museum Win In Ex-Worker's Retaliation Suit

    The Third Circuit declined to reinstate a lawsuit an ex-worker brought against a Pennsylvania museum accusing it of firing him after he asked for accommodations to treat a back injury he suffered at work, saying his allegations aren't strong enough to sustain a retaliation case.

  • May 20, 2024

    Senate Gets Chance To Tackle An Overlooked Form Of Bias

    A bill invalidating mandatory arbitration agreements for workplace age discrimination claims recently won bipartisan support for a full Senate vote, a development experts say gives lawmakers a chance to curb a type of bias that's remained stubbornly persistent as some people perceive it as acceptable.

  • May 20, 2024

    RV Co. Staves Off Trial In EEOC Disability Bias Suit

    A recreational vehicle manufacturer will pay more than $95,000 to settle U.S. Equal Employment Opportunity Commission claims that it fired a painter the day he underwent surgery, the company said Monday, after the agency secured judgment in the Indiana federal court case that was headed to a damages trial.

  • May 20, 2024

    Mich. Judges Claim Immunity In Defender's Retaliation Suit

    A Detroit-area court and two of its judges say a public defender's retaliation suit should be dismissed because they have immunity from claims that her cases were moved because she complained about court staff behavior, saying that even if the allegations were true, the judges have a right to manage their courtrooms.  

  • May 20, 2024

    Wash. Pay Range Suits Meet Early Crossroads On Standing

    A federal court's ruling that a job applicant lacked standing to claim an employer violated Washington state's new requirement for employers to include pay ranges in job ads may signal that workers will fare better advancing such claims in state court, attorneys told Law360.

  • May 20, 2024

    Northshore Unit Beats Employee's Vaccine Exemption Suit

    A nurse working for a Northshore Health unit in Illinois cannot pursue employment deprivation claims over the hospital's initial rejection of her COVID-19 vaccine religious exemption request since she was granted the exemption on appeal, a federal judge said Friday.

  • May 20, 2024

    EEOC Backs Colorblind Conductor's ADA Suit At 5th Circ.

    The U.S. Equal Employment Opportunity Commission told the Fifth Circuit it should revive a colorblind conductor's disability bias suit claiming BNSF Railway Co. used a flawed vision test to fire him, arguing that the trial court misinterpreted railway safety regulations when it tossed the case.

  • May 20, 2024

    Recycling Co. Cuts Deal To Exit EEOC Retaliation Suit

    A recycling company will pay $90,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit accusing it of firing a veteran employee because he participated in an agency probe regarding gender bias, a filing in Alabama federal court said.

  • May 20, 2024

    Pa. Rehab Center Worker's Firing Suit Filed Too Late

    A Pennsylvania appeals panel won't reinstate a wrongful termination suit by a former rehabilitation center worker who says she was wrongly fired for using medical cannabis, rejecting her argument that her claims should be subject to a six-year statute of limitations instead of two years.

  • May 20, 2024

    Justices Won't Wade Into Engraver's Age Bias Suit

    The U.S. Supreme Court refused Monday to consider a metal engraver's claims that a silversmith fired him because he was over 40 with carpal tunnel syndrome, leaving in place a Ninth Circuit ruling that only part of his case needed to be heard by a jury.

  • May 20, 2024

    FDIC's Gruenberg To Resign In Workplace Report Aftermath

    Federal Deposit Insurance Corp. Chairman Martin Gruenberg committed Monday to resigning from his post amid continuing fallout from his agency's toxic workplace scandal, bending to mounting pressure for his exit.

  • May 17, 2024

    Jenner & Block Sued For Firing Worker Over Vax Refusal

    A former Jenner & Block LLP employee filed a discrimination suit against the law firm on May 17, claiming she was fired after the firm refused to provide a religious exemption from its COVID-19 vaccine mandate despite her belief that taking the vaccine would make her complicit in abortion.

  • May 17, 2024

    Manager Says Travel Co. Fired Her For Promotion Complaints

    A corporate hotel booking service gave lackluster performance reviews to a female national sales manager because she had taken maternity leave and fired her after she raised concerns about being passed over for promotions in favor of a less experienced male co-worker, according to a lawsuit in Colorado federal court.

  • May 17, 2024

    Delaware State Police Escapes Ex-Officer's Sex Bias Suit

    The Delaware State Police on Friday defeated a former officer's lawsuit alleging she was constantly bullied by superiors and eventually fired because of her gender, with a federal judge finding she failed to show how 15 years of sporadic events demonstrated a pattern of bias.

Expert Analysis

  • 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.

  • Water Cooler Talk: 'The Bear' Serves Up Advice For Managers

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Ernst & Young’s Laura Yehuda about Hulu's "The Bear" and the best practices managers can glean from the show's portrayal of workplace challenges, including those faced by young, female managers.