Discrimination

  • May 13, 2024

    Tesla Resolves Ex-Worker's Sex Harassment Suit

    Tesla reached a deal with a former production associate to end her lawsuit accusing the company of firing her after she reported that she had been sexually harassed at work, according to a filing Monday in California federal court.

  • May 13, 2024

    Ex-Uber Software Engineer's Bias Suit Kicked To Arbitration

    An Indian former Uber software engineer must arbitrate her suit claiming she was unlawfully disparaged, micromanaged and humiliated by higher-ups including the company's co-founder, after a New York federal judge found her employment agreement requires an arbitrator to decide whether an arbitration provision is enforceable.

  • May 13, 2024

    Medical Pot Patient Drops Discrimination Suit Against US Steel

    A former U.S. Steel Corp. employee who says he was wrongly fired for using medically licensed marijuana off the job has quietly dropped his race and disability discrimination suit against the company, according to a filing in Pennsylvania federal court.

  • May 13, 2024

    Calif. Jury Awards Ex-UCLA Doctor $14M In 2nd Bias Trial

    A California state jury awarded $14 million to a former UCLA oncologist and professor who said she was discriminated against and constructively discharged from her job due to her gender, four years after the state appeals court threw out a $13 million jury verdict from the first trial.

  • May 13, 2024

    11th Circ. Says Ga. County's Trans Health Ban Violates Title VII

    A split Eleventh Circuit panel upheld a win Monday for a transgender sheriff's deputy who challenged a Georgia county health plan's refusal to pay for gender-affirmation surgery, ruling the coverage exclusion violated federal anti-discrimination law.

  • May 13, 2024

    Gay Teacher's Loss Has Silver Lining For LGBTQ Workers

    Although the Fourth Circuit ruled that a Catholic school was legally allowed to fire a teacher because he's gay, the court took a narrow approach that cut off the school's push to give religious employers more power to sidestep anti-bias law.

  • May 13, 2024

    1st Circ. Backs Arbitration In PwC Pregnancy Bias Suit

    The First Circuit said a PricewaterhouseCoopers LLP accountant must arbitrate her suit claiming she received negative evaluations because she requested maternity leave during a high-risk pregnancy, unpersuaded by her claim that she never received an email adding an arbitration agreement to her employment contract.

  • May 13, 2024

    Security Co. Settles EEOC Age, Disability Bias Suit

    A New York City security company will pay $22,500 to close a U.S. Equal Employment Opportunity Commission suit claiming it pressured a worker to retire following a heart attack and fired him when he refused, according to a Monday filing in New York federal court.

  • May 13, 2024

    Oil Co. Ends EEOC Disability Bias Suit Over Opioid Meds

    An oilfield equipment supplier will pay $35,000 to end a suit in Texas federal court by the U.S. Equal Employment Opportunity Commission accusing it of yanking a job offer from a welder because of his opioid use disorder medication, the EEOC said.

  • May 13, 2024

    High Court Skips White Law Prof's Bias Suits Against HBCU

    The U.S. Supreme Court said Monday that it won't review a white former law professor's unsuccessful suits alleging she was harassed out of her job for challenging race-and-gender-based wage inequities at a historically Black university, despite her argument that the Fifth Circuit flouted precedent when it axed her complaints.

  • May 13, 2024

    High Court Won't Consider Ex-Tufts Prof's Retaliation Suit

    The U.S. Supreme Court declined Monday to review a lawsuit brought by a former Tufts University dental professor who said the First Circuit ignored crucial evidence and relied on false information when it shut down claims that she lost a promotion for reporting sexual harassment.

  • May 10, 2024

    3 Things To Know After NJ Nondisparagement Pact Ruling

    The New Jersey Supreme Court recently dealt a severe blow against the use of nondisparagement clauses in deals resolving workplace discrimination claims, with experts saying the justices' stance clears up an ambiguity in state anti-bias law that will result in greater scrutiny being placed on the wording of settlements. Here, experts discuss three things to know about the state high court's ruling.

  • May 10, 2024

    Fla. Agency Forced Resignation Over Mental Illness, Suit Says

    A former employee of a Florida insurance regulatory agency is suing her onetime employer in federal court, alleging a supervisor made her quit after falsely suspecting she may have bipolar disorder.

  • May 10, 2024

    McDonald's Workers Want Class Cert. In Sex Harassment Suit

    A pair of McDonald's workers claiming that the company has allowed sexual harassment to run rampant in its stores asked an Illinois federal judge to certify classes of thousands of women and girls who've worked at Florida locations, arguing that class treatment is the best way to evaluate whether McDonald's has a pattern of tolerating harassment.

  • May 10, 2024

    Mich. Justices Find State Law Bars Firing Friend As Reprisal

    The Michigan Supreme Court held Friday that the state's civil rights law prohibits employers from retaliating against an employee by targeting a coworker who is a friend or family member, reviving two former prison workers' lawsuit against the state.

  • May 10, 2024

    Black Doctor Must Arbitrate Bias Claims Against Hospice Co.

    A Black doctor must arbitrate her claims that she was mistreated by non-Black colleagues at a home healthcare company and fired after raising concerns that it was sidestepping Medicare billing regulations, a California federal judge ruled, finding an arbitration agreement she signed is legitimate.

  • May 10, 2024

    Construction Co. Shakes Black Ex-Worker's Bias Suit

    A Washington federal judge granted a win Friday to a construction company in a Black ex-worker's lawsuit, saying he failed to show he was forced to quit because he complained about his manager's racist comments and not because of the 18 safety warnings he received.

  • May 10, 2024

    Ex-Wayfair Web Designer Says Racism Forced Him Out

    A Black former Wayfair web designer says he faced a workplace "infused by racial discrimination" during his two years with the Boston-based online retailer and suffered retaliation when he complained, according to a suit filed Friday in Massachusetts state court.

  • May 10, 2024

    Disney Can't Dodge Biased Firing Suit, 'Star Wars' Actor Says

    An actor featured in "Star Wars" spin-off series "The Mandalorian" urged a California federal judge to reject Disney's bid to dismiss her suit alleging she was illegally fired for sharing her political views on social media, arguing the company hasn't shown that her posts impeded its artistic expression.

  • May 10, 2024

    X Denies Post-Acquisition Policies Biased Against Women

    X Corp. denied that Elon Musk implemented policies intended to push out women after he took over the social network formerly known as Twitter, telling a California federal court that any layoffs or actions it took were within the confines of the law.

  • May 10, 2024

    Fox Theatre Let Sex Harassment Go Unchecked, Suit Says

    A former worker at Atlanta's Fox Theatre filed a lawsuit this week accusing the historic venue of allowing sexual harassment to run rampant among its ranks, refusing to discipline employees who made lewd comments — and worse — while retaliating against those who complained.

  • May 10, 2024

    Ga. Dept. Of Law, Ex-Paralegal Settle Race Discrimination Suit

    A Georgia federal judge has closed a former paralegal's discrimination and retaliation case against the Georgia Department of Law and a former deputy attorney general now working as a Cobb County Superior Court judge, saying a settlement has been reached. 

  • May 10, 2024

    What To Know About Biden's ACA Nondiscrimination Rule

    Recently finalized regulations tackling what constitutes discrimination under the Affordable Care Act could have significant impacts on health plans that include greater liability for third-party plan administrators, attorneys say. Here are three things employers should know now that the final rule is on the books.

  • May 10, 2024

    NY Forecast: 2nd Circ. Hears Police Officer's Bias Case

    This week, the Second Circuit is scheduled to consider a former Ramapo, New York, police officer's lawsuit claiming the town discriminated against her on the basis of her race and gender when it did not assign her a light duty assignment after she returned to the job from an injury. Here, Law360 explores this and other cases on the docket in New York.

  • May 10, 2024

    King & Spalding Accused Of Anti-White, Pro-LGBTQ Bias

    A straight white woman is suing King & Spalding LLP alleging discrimination after getting the green light from the U.S. Equal Employment Opportunity Commission, claiming she incurred "significant damages" when she was dissuaded from applying to a summer associate program open only to "diverse" applicants.

Expert Analysis

  • Lessons Learned From 2023's Top FMLA Decisions

    Author Photo

    This year’s most significant Family and Medical Leave Act decisions offer lessons on the act's technical requirements, including the definition of serious health condition, compliance with notice requirements and whether it is permissible to give an employee substantial extra work upon their return from leave, says Linda Dwoskin at Dechert.

  • Artificial Intelligence Is In Need Of Regulation — But How?

    Author Photo

    Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.

  • Lessons Learned From 2023's Top ADA Decisions

    Author Photo

    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

  • What's Ahead For Immigrant Employee Rights Enforcement

    Author Photo

    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

    Author Photo

    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • 10 Steps To Reduce Risks From AI Employment Tools

    Author Photo

    In light of the White House’s recent executive order on responsible use of artificial intelligence, companies using AI tools to make employment decisions should take steps to understand and mitigate the legal risks posed by these products and keep up with the rapidly evolving regulations that govern them, say attorneys at Cooley.

  • What Employers Can Learn From EEOC's 2023 ADA Priorities

    Author Photo

    Between a spike in Americans with Disabilities Act suits filed by the Equal Employment Opportunity Commission in 2023 and the agency’s newly released priorities, the EEOC has provided employers a preview of several ADA issues — like web accessibility, pregnancy discrimination and inflexible policies — it will likely focus enforcement on next year, says Stacy Bunck at Ogletree.

  • Eye On Compliance: EEOC Focus On Workplace AI

    Author Photo

    With the U.S. Equal Employment Opportunity Commission’s recent guidance and enforcement focus on the use of artificial intelligence tools during the hiring process and other job-related assessments, companies should be mindful that anti-discrimination laws apply equally to both human- and AI-generated decisions, say Laura Stutz and Lisa Ackerman at Wilson Elser.

  • 5th Circ. Ruling Sets Bostock, Faith Exemption Up For Review

    Author Photo

    The Fifth Circuit's Braidwood v. Equal Employment Opportunity Commission decision could tee up U.S. Supreme Court review of whether employing an individual to whose protected class the employer objects infringes on the employer's religious beliefs, potentially narrowing LGBTQ worker protections from the high court's 2020 Bostock v. Clayton County decision, says Adam Grogan at Bell Law.

  • Legal Profession Gender Parity Requires Equal Parental Leave

    Author Photo

    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Why Employers Should Refrain From 'Quiet Firing'

    Author Photo

    While quiet firing — when an employer deliberately makes working conditions intolerable with the goal of forcing an employee to quit — has recently been identified in the news as a new trend, such constructive discharge tactics have been around for ages, and employers would do well to remember that, comparatively, direct firings may provide more legal protection, says Robin Shea at Constangy.

  • 5 New Calif. Laws Employers Need To Know

    Author Photo

    Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.

  • 3 Employer Strategies To Streamline Mass Arbitrations

    Author Photo

    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.