Discrimination

  • May 16, 2024

    Fla. Seeks To Halt Biden's ACA Trans Discrimination Rule

    Florida urged a federal court to stop recently finalized regulations clarifying gender identity-based discrimination under the Affordable Care Act from taking effect, saying the new rules would force the state to abandon its health and safety laws or lose funding from the federal government.

  • May 16, 2024

    Ex-Bronx DA Worker Says Discrimination Suit Should Stand

    A former employee at the Bronx District Attorney's Office said Thursday she supported her claims that the office discriminated against her for seeking medical leave and denied her a promotion because she's Black, urging a New York federal court to keep alive her suit alive.

  • May 16, 2024

    Cleaning Co. Settles EEOC Sex Harassment Suit For $200K

    A cleaning company will pay $200,000 to end a U.S. Equal Employment Opportunity Commission suit in Wisconsin federal court claiming it ignored complaints that women were being subjected to unwanted touching and sexual advances on the job, the agency announced Thursday.

  • May 15, 2024

    'Pissed Off,' 'You Need To Go': Reps Rip FDIC's Gruenberg

    Federal Deposit Insurance Corp. Chairman Martin Gruenberg took withering, bipartisan criticism over his agency's workplace misconduct scandal at a House hearing on Wednesday, although no new Democrats joined their Republican colleagues in directly calling for his resignation.

  • May 15, 2024

    Daimler Settles Worker's Suit Claiming Pot Test Got Him Fired

    Daimler Truck North America LLC has settled an employee's New Jersey federal court suit claiming he was illegally fired over a positive cannabis test following an accident in a company vehicle, even though he wasn't found at fault for the incident, according to a Wednesday court filing.

  • May 15, 2024

    Teamsters Defend Rehire Order In Dispute With Welch's

    A Welch's factory employee who was fired after being falsely accused of sexual harassment five years ago has waited long enough to be rehired, a Teamsters local argued in Pennsylvania federal court, urging a district judge to uphold an arbitrator's reinstatement order in accordance with a magistrate judge's recommendation.

  • May 15, 2024

    WWE Says $3M Deal Sends McMahon Sex Suit To Arbitration

    World Wrestling Entertainment Inc. is joining a bid by former CEO Vincent McMahon to send a suit from a woman accusing him and the organization of sex trafficking and harassment to arbitration, saying she agreed to and signed a $3 million separation agreement that includes an arbitration clause.

  • May 15, 2024

    Mass. Senate Aide Alleges Retaliation After Bias Complaint

    A constituent services aide to a Massachusetts state senator is alleging that the lawmaker and his former chief of staff stonewalled his requests for accommodation after a leg injury left him unable to climb stairs, then iced him out after he filed a complaint with the state's anti-discrimination agency.

  • May 15, 2024

    3rd Circ. Says Pa. City Isn't Covered In Cop's Employment Suit

    A Pennsylvania city cannot obtain coverage for underlying litigation brought by a police officer who has repeatedly sued the city, as his present suit is related to previous ones and is therefore excluded by the policy, the Third Circuit said Wednesday.

  • May 15, 2024

    EEOC Suit Over Vax Refuser's Firing Survives Dismissal Bid

    Arkansas-based Hank's Furniture Inc. must face a U.S. Equal Employment Opportunity Commission lawsuit claiming it unlawfully fired a Christian manager who refused the COVID-19 vaccine, with a Florida federal judge ruling the agency plausibly alleged her beliefs conflicted with the company's inoculation policy.

  • May 15, 2024

    School District, Teachers Can't Snag Win In Equal Pay Fight

    Neither a Pennsylvania school district nor the female teachers accusing it of paying them less than their male colleagues can snag a win in two consolidated Equal Pay Act suits, a federal judge ruled Wednesday, saying there are still open questions in the cases.

  • May 15, 2024

    AstraZeneca Sales Reps Win Early Cert. In Gender Bias Suit

    An Illinois federal judge on Tuesday granted a bid by workers to conditionally certify a collective in a lawsuit alleging AstraZeneca paid women less than men, giving the green light for notices to be sent out to female sales representatives who have worked at the pharmaceutical giant since late 2018.

  • May 15, 2024

    Knicks Owner Must Face Sexual Assault Suit, Accuser Says

    A massage therapist has urged a California federal court to not let New York Knicks owner James Dolan out of her lawsuit accusing him of coercing her into a sexual relationship, saying she sufficiently claimed that he forced himself on her despite her refusals.

  • May 15, 2024

    DoorDash Inks Deal To End NY AG's Conviction Bias Claims

    DoorDash has reached a settlement with New York Attorney General Letitia James to resolve allegations that the food delivery platform regularly rejected applicants with criminal histories without considering factors such as the nature of the conviction and its bearing on the job sought, the law enforcement official's office announced Wednesday.

  • May 15, 2024

    Staffing Co. Settles Claims It Spurned Immigrant's Work Docs

    A medical staffing company agreed to improve employee anti-discrimination training to resolve allegations that it fired an immigrant employee, after refusing to accept valid evidence that she could work in the U.S., the U.S. Department of Justice announced Wednesday.

  • May 15, 2024

    Tractor Co. Inks Deal To End EEOC Suit Over HIV Disclosure

    A company that sells tractors reached a $75,000 deal to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of disclosing an employee's HIV status to other workers and then firing the employee after she complained, a filing in Mississippi federal court said.

  • May 15, 2024

    Fired NC County Atty Launches Race Bias Suit

    A former Pitt County, North Carolina, government attorney has alleged in a federal lawsuit that the county manager's racial animus and the lawyer's concerns about contracting compliance got him fired after only 90 days on the job.

  • May 15, 2024

    Fees Sought For Missed Depo During Atty's Solar Eclipse Trip

    In following up on a Florida federal judge's sanctioning of a lawyer whose client missed a deposition while the attorney was solar eclipse viewing, AAA is asking the court to award it more than $7,800 in fees and costs as it fights a gender discrimination lawsuit.

  • May 15, 2024

    Pet Telehealth Startup Canned Vet After Bite Injury, Suit Says

    A Massachusetts veterinarian says she was lured to a mobile pet care startup but replaced months later by a younger vet after she claimed workers' compensation for a dog bite suffered on the job.

  • May 15, 2024

    Regions Bank Defeats Black Ex-Branch Manager's Bias Suit

    Regions Bank defeated a former branch manager's suit claiming the bank fired him for complaining that it denied his transfer requests because he's Black, as a Texas federal judge ruled he failed to overcome the bank's argument that he was terminated for dishonesty during an internal investigation.

  • May 15, 2024

    Toss Of Bonus Bias Claim Too Short On Details, 5th Circ. Says

    The Fifth Circuit has reinstated a Hispanic salesman's claim that he was denied $160,000 in bonuses by a construction contractor out of racial bias after he was fired, ruling the lower court didn't adequately explain why it nixed that allegation.

  • May 15, 2024

    Senators Release 'Road Map' For Crafting Federal AI Policy

    A bipartisan group of senators on Wednesday laid out a "road map" for artificial intelligence policy that calls for increased AI innovation funding, testing of potential harms posed by AI and consideration of the technology's workforce implications.

  • May 15, 2024

    Securities Firm Cuts Deal To End Age Bias Suit

    A securities firm struck a deal with a former sales representative in his 60s who accused the company of firing him despite his laudable performance and replacing him with two younger, less-experienced workers, a filing in Colorado federal court said.

  • May 14, 2024

    In Hot Seat, FDIC's Gruenberg Pledges 'Fundamental Change'

    Federal Deposit Insurance Corp. Chairman Martin Gruenberg will tell House lawmakers Wednesday that he is taking "full responsibility" for his agency's workplace misconduct scandal and eyeing "fundamental" structural reforms, striking a humbled but determined tone as he faces the first of two hearings that could be make-or-break for his job.

  • May 14, 2024

    Venable Opens Colo. Office With 8 Sherman & Howard Attys

    Venable LLP is growing its presence by opening its first office in Colorado, with eight commercial and employment attorneys from Sherman & Howard LLP opening its Denver location, which will be headed by partner-in-charge James "Jim" Sawtelle, the firm announced Tuesday.

Expert Analysis

  • A Midyear Review Of EEOC's Gender-Related Priorities

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    The U.S. Equal Employment Opportunity Commission’s 2023-2027 strategic enforcement plan focuses on various gender-related issues such as the enactment of pregnancy discrimination and pay transparency laws, and now, more than halfway through the fiscal year, the EEOC's enforcement of such laws is set to surpass previous years, say attorneys at Proskauer.

  • Employer Drug-Testing Policies Must Evolve With State Law

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    As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.

  • Insurance Implications Of High Court Affirmative Action Ruling

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    The U.S. Supreme Court's recent ruling striking down affirmative action admissions policies at Harvard University and the University of North Carolina will likely result in more litigation related to hiring practices, with implications for insurance coverage, meaning policyholders must remain wary of exclusions and other potential roadblocks, say attorneys at Pillsbury.

  • 4 Strategies To Counter Antisemitism In The Workplace

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    With antisemitism on the rise in the U.S., employers have a duty to help Jewish employees feel safe and supported in their professional lives by adapting the four points of the Biden administration's National Strategy to Counter Antisemitism for the workplace, say Johanna Zelman and Rachel Ullrich at FordHarrison.

  • Employer Steps To Protect DEI Plans Post-Affirmative Action

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    The U.S. Supreme Court’s decision to end affirmative action in higher education may embolden opponents of diversity, equity and inclusion efforts in the employment context, but employers can take steps to mitigate litigation risks while still advancing their internal policy goals, say Greg Demers and Renai Rodney at Ropes & Gray.

  • Unpacking The POWR Act, Colo.'s New Work Harassment Law

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    With the August rollout of Colorado’s Protecting Opportunities and Workers' Rights Act set to make it easier for employees to claim harassment, companies should confirm that their harassment prevention programs satisfy the law’s requirements and provide a clear method to investigate any future claims, say Mamie Ling and Michael Freimann at Armstrong Teasdale.

  • Complying With AI Guidance In Employment Decisions

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    Following the Equal Employment Opportunity Commission’s recently updated guidance on the use of artificial intelligence for employment-related decisions, employers need to adapt in kind to ensure they are using technology in a responsible, compliant and nondiscriminatory manner, say Luke Bickel and Yasamin Parsafar at Sheppard Mullin.

  • NY, Minn. Set Pace For Employee Breastfeeding Protections

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    Breastfeeding employees have gotten increased legal protections through recently effective amendments in New York and Minnesota, and the laws underline the need for employers to watch for state-level legislative efforts to extend these protections beyond federal requirements, say John Litchfield and Miranda Curtis at Foley & Lardner.

  • Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • What To Expect From High Court's Whistleblower Case

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    The U.S. Supreme Court's upcoming decision in Murray v. UBS Securities will likely have widespread implications for the future of anti-retaliation whistleblower litigation, and could make it more difficult for would-be whistleblower-employees to succeed on anti-retaliation claims under the Sarbanes-Oxley Act, say Ann-Elizabeth Ostrager and Diane McGimsey at Sullivan & Cromwell.

  • 'Equal Harassment' Is No Shield Against Title VII Claims

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    The Ninth Circuit’s decision in Sharp v. S&S Activewear, rejecting an employer's claim that it did not create a sexually hostile work environment because the misogynist music it played offended all workers equally, reminds companies that they can face Title VII liability even when misconduct does not target a specific group, says Laura Lawless at Squire Patton.

  • Recent Changes Mark A Key Moment For New York High Court

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    Recent developments in the New York Court of Appeals — from rapid turnover and increasing diversity, to a perception among some of growing politicization — mark an important turning point, and the court will continue to evolve in the coming year as it considers a number of important cases, say attorneys at Gibson Dunn.

  • How End Of Forced Arb. Is Affecting Sex Harassment Cases

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    A little over a year after the Ending Forced Arbitration of Sexual Assault Act became effective, we have started seeing substantive interpretation of the EFAA, almost exclusively from the U.S. district courts in New York, and there are two key takeaways for employers, says Lisa Haldar at Lawrence & Bundy.