Discrimination

  • June 20, 2024

    Greenberg Gains Another Shareholder From Jackson Lewis

    Greenberg Traurig LLP is adding another former Jackson Lewis PC attorney to its ranks, announcing Tuesday that its new shareholder brings more than three decades of workplace law experience.

  • June 20, 2024

    2nd Circ. Affirms AIG's Win In Ex-Atty's Retaliation Suit

    A former legal executive's retaliation lawsuit against American International Group Inc. has fizzled out as the Second Circuit on Thursday upheld an earlier ruling that found he was not fired for blowing the whistle on alleged fraud.

  • June 20, 2024

    Calif. Court, Judge Escape Former Exec's Racial Bias Suit

    A California federal judge handed an early win Wednesday to a state court and one of its judges, tossing out a racial discrimination and retaliation suit after finding that a former court executive officer failed to show how the judge who fired her had discriminated against her as a Black woman.

  • June 20, 2024

    ZoomInfo Hit With Race Bias Claim By Fired Account Exec

    A Black former senior account executive at ZoomInfo Technologies Inc. says he was repeatedly denied promotions and transfers despite outperforming white colleagues, then was fired in retaliation for filing a discrimination complaint.

  • June 20, 2024

    Tesla Let Racism Go Unchecked In Calif. Factories, Suit Says

    Harassment ran rampant in two Tesla factories where racist graffiti was commonplace and Black and Hispanic workers were taunted with racial slurs, according to a suit filed in California state court.

  • June 20, 2024

    ACLU Urges 9th Circ. To Reject Insurer's Trans Health Appeal

    The American Civil Liberties Union urged the Ninth Circuit to reject Blue Cross Blue Shield of Illinois' appeal seeking to overturn a lower court ruling that found denying transgender health plan participants gender-affirming care violated the Affordable Care Act, arguing federal healthcare nondiscrimination laws clearly protected against gender identity bias.

  • June 20, 2024

    4 Discrimination Cases To Watch In 2nd Half Of 2024

    Software vendor Workday is battling a suit over its artificial intelligence tools, Tesla is preparing for a sweeping race discrimination trial, lawyers for Southwest Airlines hope to dodge court-mandated religious bias training and the U.S. Equal Employment Opportunity Commission is defending its new pregnant worker rule. Here are four discrimination cases lawyers should keep an eye on in the latter half of 2024.

  • June 20, 2024

    Rocket Mortgage Hit With Race Bias, FMLA Suit

    Rocket Mortgage refused to let a Black associate banker transfer positions while letting her white counterparts do so, held her to stricter standards, reduced her wages and eventually terminated her partly due to her use of medical leave, she said in a complaint lodged in Michigan federal court.

  • June 20, 2024

    Raytheon, Christian Ex-Worker Agree To End Vax Bias Suit

    Raytheon and a Christian former data manager agreed to end her suit alleging the defense contractor unlawfully fired her because she requested a religious exemption to its COVID-19 vaccination policy, a filing in Florida federal court said.

  • June 20, 2024

    Snapchat Inks $15M Deal In Calif. Watchdog's Sex Bias Suit

    The parent company of Snapchat agreed to pay $15 million to end a California Civil Rights Department suit alleging it discouraged women from applying for promotions and failed to protect them from inappropriate sexual advances, according to a filing in California state court.

  • June 18, 2024

    4 Takeaways From Rulings On EEOC Pregnant Worker Regs

    Two Republican states won an injunction blocking abortion-related parts of the U.S. Equal Employment Opportunity Commission's pregnant worker accommodation rule in their states days after another federal court rejected a similar challenge to the regulations — dueling decisions that may trigger parallel appeals, experts say. Here are four takeaways from the pair of recent rulings in challenges to the EEOC regulations.

  • June 18, 2024

    Newsom, Legislators Reach Agreement On PAGA Reform

    California Gov. Gavin Newsom and state legislative leaders on Tuesday unveiled reforms to California's Private Attorneys General Act, including major changes to the law's penalty structure, changes they say will avoid a "contentious" ballot measure campaign.

  • June 18, 2024

    Cuomo's Ex-Aide Details Sex Harassment Claims In New Suit

    Former New York Gov. Andrew Cuomo's onetime executive assistant has filed a civil lawsuit in New York state court, accusing Cuomo of "outrageous sex discrimination and retaliation" roughly two years after related misdemeanor charges over the alleged misconduct were dropped.

  • June 18, 2024

    Seattle Can't Stop Firefighters' COVID Vaccine Suit

    Firefighters who sued over Seattle's COVID-19 vaccine mandate have offered sufficient evidence to allege they faced religious discrimination, according to a federal magistrate judge who trimmed some claims on Tuesday but refused to toss the lawsuit.

  • June 18, 2024

    Ex-Twitter Workers Seek Class Cert. In Arbitration Fee Fight

    A group of former Twitter workers who accuse X Corp. of stalling their employment disputes by refusing to pay arbitration fees urged a California federal judge Monday to certify multiple classes of workers over allegations their arbitration efforts have been thwarted by the social media giant.

  • June 18, 2024

    6th Circ. Gives Fired FCA Worker Another Shot At ADA Suit

    The Sixth Circuit on Tuesday reinstated a worker's suit claiming automobile manufacturer FCA fired her for showing up late to work despite having clearance to do so when she experienced a mental health flare-up, ruling that the company may have been too tough on her.

  • June 18, 2024

    11th Circ. Won't Grant New Trial In USPS Disability Bias Suit

    The Eleventh Circuit refused to reinstate a former United States Postal Service employee's lawsuit alleging she was unlawfully denied bathroom breaks to treat her urinary urgency, saying a jury's finding that she isn't disabled isn't so out of line that a new trial is needed.

  • June 18, 2024

    9th Circ. Nixes City's Win In Wash. Firefighter Vax Order Suit

    The Ninth Circuit on Tuesday revived a lawsuit by a group of firefighters who claim the city of Spokane, Washington, violated their constitutional rights when it fired them for refusing to get COVID-19 vaccines and instead relied on first responders from nearby agencies who also hadn't gotten the shot, ruling they'd asserted a viable First Amendment claim.

  • June 18, 2024

    5th Circ. Rules On 'Heated' Discovery Row In LSU Bias Case

    The Fifth Circuit has undone a ruling that a former assistant athletic director for the Lousiana State University football team had plausibly shown university officials may have violated public records law in connection with a Title IX investigation.

  • June 18, 2024

    Mayer Brown Adds Litigation Vet As Employment Co-Chair

    Mayer Brown LLP said Tuesday it added an employment litigation veteran with nearly two decades of experience to co-lead the firm's employment litigation and counseling practice.

  • June 18, 2024

    Worker Says Meta Penalized Him For Standing Up For Women

    An engineer sued Meta on Tuesday in New York federal court alleging his manager gave him false negative performance reviews and told him to resign after he spoke up on behalf of female employees who were being stripped of responsibilities, passed over for promotions and unfairly criticized.

  • June 18, 2024

    Calif. Staffing Firm Settles DOJ's Noncitizen Bias Claims

    A California staffing agency must pay penalties and revise its employment policies as part of a settlement to resolve allegations of discrimination against foreigners by demanding certain types of documents to prove work authorization, the U.S. Department of Justice announced Monday.

  • June 18, 2024

    5th Circ. Wrongly Slashed $366M Bias Verdict, Justices Told

    A Black former FedEx employee urged the U.S. Supreme Court to review the reduction of a $366 million jury verdict in her suit alleging she was fired for reporting race discrimination, arguing the Fifth Circuit incorrectly held that her employment contract could shorten her window for filing suit.

  • June 18, 2024

    9th Circ. Won't Revive Vax Mandate Case Amid Judge DQ Bid

    In a nonprecedential opinion, the Ninth Circuit has refused to restore a COVID vaccine mandate suit brought by federal workers and contractors who also sought to disqualify a judge they believed was conflicted, finding the workers lacked standing because they named officials who cannot reinstate them rather than their employers.

  • June 18, 2024

    Va. City Can't Ax Atty's Wrongful Firing Suit Over FMLA Fraud

    A federal judge declined to toss an attorney's suit claiming the Virginia city he worked for illegally fired him and accused him of doctoring a medical form he needed to care for his sick mother, saying he showed the city may have stepped on his medical leave rights.

Expert Analysis

  • How Employers Can Take A Measured Approach To DEI

    Author Photo

    While corporate diversity, equity and inclusion programs are facing intense scrutiny, companies need not abandon efforts altogether — rather, now is the time to develop an action plan that can help ensure policies are legally compliant while still advancing DEI goals, say Erin Connell and Alexandria Elliott at Orrick.

  • Courts Should Revisit Availability Of Age Bias Law Damages

    Author Photo

    Federal courts have held that compensatory damages, including for emotional distress, are unavailable in Age Discrimination in Employment Act cases, but it's time for a revamped textualist approach to ensure plaintiffs can receive the critical make-whole remedies Congress intended the law to provide, say attorneys at Sanford Heisler.

  • Employers Should Take Note Of EEOC Focus On Conciliation

    Author Photo

    The U.S. Equal Employment Opportunity Commission's recent strategic plan signals that the agency could take a more aggressive approach when verifying employer compliance with conciliation agreements related to discrimination charges, and serves as a reminder that certain employer best practices can help to avoid negative consequences, says Jacqueline Hayduk at Foley & Lardner.

  • 7th Circ. Ruling May Steer ADA Toward Commuter Issues

    Author Photo

    Employers faced with commuting-accommodation requests from employees who do not require on-site modifications under the Americans with Disabilities Act should consider the Seventh Circuit's recent reopening of a lawsuit alleging unlawful refusal of a night-vision-challenged worker's request to extend a shift change, says Robin Shea at Constangy.

  • How Calif. Ruling Extends Worker Bias Liability To 3rd Parties

    Author Photo

    The California Supreme Court's recent significant decision in Raines v. U.S. Healthworks Medical Group means businesses that provide employment-related services to California employers can potentially be held liable for California’s Fair Employment and Housing Act violations, says Ryan Larocca at CDF Labor.

  • Anticipating The Impact Of 2 Impending New Title IX Rules

    Author Photo

    Two major amendments to Title IX — which the U.S. Department of Education is expected to finalize next month — would substantially alter the process schools must use for sexual discrimination complaints and limiting student participation in athletics based on gender identity, says Rebecca Sha at Phelps Dunbar.

  • Despite Regulation Lag, AI Whistleblowers Have Protections

    Author Photo

    Potential whistleblowers at companies failing to comply with the voluntary artificial intelligence commitments must look to a patchwork of state and federal laws for protection and incentives, but deserve comprehensive regulation in this field, say Alexis Ronickher and Matthew LaGarde at Katz Banks.

  • FCRA Legislation To Watch For The Remainder Of 2023

    Author Photo

    If enacted, pending federal and state legislation may result in significant changes for the Fair Credit Reporting Act landscape and thus require regulated entities and practitioners to pivot their compliance strategies, say attorneys at Troutman Pepper.

  • A Closer Look At Another HBCU Race Bias Suit Against NCAA

    Author Photo

    The National Collegiate Athletic Association's Academic Performance Program has become a lightning rod for scrutiny, as seen in the recently filed class action McKinney v. NCAA — where statistics in the complaint raise questions about the program's potential discriminatory impact on student-athletes at historically Black colleges and universities, say attorneys at Troutman Pepper.

  • Employer Defenses After High Court Religious Bias Decision

    Author Photo

    Following the U.S. Supreme Court's recent ruling in Groff v. DeJoy — which raised the bar for proving that a worker’s religious accommodation presents an undue hardship — employers can enlist other defense strategies, including grounds that an employee's belief is nonsectarian, say Kevin Jackson and Jack FitzGerald at Foley & Lardner.

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.