Discrimination

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • 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 Friday, 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.

Expert Analysis

  • Address Complainants Before They Become Whistleblowers

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    A New York federal court's dismissal of a whistleblower retaliation claim against HSBC Securities last month indicates that ignored complaints to management combined with financial incentives from regulators create the perfect conditions for a concerned and disgruntled employee to make the jump to federal whistleblower, say attorneys at Cooley.

  • Why Corporate DEI Challenges Increasingly Cite Section 1981

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    As legal challenges to corporate diversity, equity and inclusion initiatives increase in the wake of the U.S. Supreme Court's ruling on race-conscious college admissions last year, Section 1981 of the Civil Rights Act is supplanting Title VII as conservative activist groups' weapon of choice, say Mike Delikat and Tierra Piens at Orrick.

  • Inside OMB's Update On Race And Ethnicity Data Collection

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    The Office of Management and Budget's new guidelines for agency collection of data on race and ethnicity reflect societal changes and the concerns of certain demographics, but implementation may be significantly burdensome for agencies and employers, say Joanna Colosimo and Bill Osterndorf at DCI Consulting.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • The Shifting Landscape Of Physician Disciplinary Proceedings

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    Though hospitals have historically been able to terminate doctors' medical staff privileges without fear of court interference, recent case law has demonstrated that the tides are turning, especially when there is evidence of unlawful motivations, say Dylan Newton and Michael Horn at Archer & Greiner.

  • Anti-DEI Complaints Filed With EEOC Carry No Legal Weight

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    Recently filed complaints against several companies' diversity, equity and inclusion programs alleging unlawful discrimination against white people do not require a response from the U.S. Equal Employment Opportunity Commission, and should not stop employers from rooting out ongoing discriminatory practices, says former EEOC general counsel David Lopez.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • What Minority Biz Law Ruling Could Mean For Private DEI

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    A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.

  • Texas Hair Bias Ruling Does Not Give Employers A Pass

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    A Texas state court’s recent decision, holding that a school could discipline a student with locs for refusing to cut his hair, should not be interpreted by employers as a license to implement potentially discriminatory grooming policies, says Dawn Holiday at Jackson Walker.

  • Broadway Ruling Puts Discrimination Claims In The Limelight

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    A New York federal court's recent decision in Moore v. Hadestown Broadway that the employers' choice to replace a Black actor with a white actor was shielded by the First Amendment is the latest in a handful of rulings zealously protecting hiring decisions in casting, say Anthony Oncidi and Dixie Morrison at Proskauer.

  • Breaking Down California's New Workplace Violence Law

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    Ilana Morady and Patrick Joyce at Seyfarth discuss several aspects of a new California law that requires employers to create and implement workplace violence prevention plans, including who is covered and the recordkeeping and training requirements that must be in place before the law goes into effect on July 1.

  • Studying NY, NJ Case Law On Employee Social Media Rights

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    While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.