Discrimination

  • 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.

  • June 17, 2024

    EEOC Says Union Pacific Disability Bias Suit Wrongly Tossed

    The U.S. Equal Employment Opportunity Commission urged the Eighth Circuit on Monday to revive a lawsuit alleging Union Pacific Railroad Co. barred an inspector from working for five years because of a traumatic brain injury, arguing a trial court incorrectly ruled the company didn't view him as disabled.

  • June 17, 2024

    Farm Cos. To Pay $475K To End Wash. AG's Sex Assault Suit

    A pair of agricultural companies agreed to pay $470,000 to resolve Washington state's lawsuit accusing them of standing by as a supervisor sexually harassed and assaulted female employees and firing those who complained, the state attorney general announced Monday.

  • June 17, 2024

    EEOC Went Too Far With Pregnant Worker Rule, Judge Says

    The U.S. Equal Employment Opportunity Commission overstepped its authority by requiring workplace accommodations for "purely elective abortions," a Louisiana federal judge ruled Monday, handing two states and several religious groups a temporary reprieve from agency regulations implementing the Pregnant Workers Fairness Act. 

  • June 17, 2024

    6th Circ. Says Labor Law Doesn't Bar Bias Case Against GM

    The Sixth Circuit revived a Black former General Motors employee's lawsuit Monday alleging he was denied a raise, demoted and suspended because of his race and post-traumatic stress disorder, ruling a lower court was wrong to say federal labor law preempted his bias claims.

  • June 17, 2024

    Worker Wins Pile Up As Courts Tackle Arbitration Ban's Scope

    A New Jersey federal judge recently found that a federal law barring forced arbitration of workplace sexual harassment claims covers a restaurant server's case against her boss over homophobic comments, a decision experts said squares with courts' overarching worker-friendly approach to the arbitration ban.

  • June 17, 2024

    Conn. Worker Gets $144K Counsel Fee After Bias Trial Win

    The Connecticut Department of Energy and Environmental Protection must pay nearly $139,000 in attorney fees to W. Martyn Philpot Jr. after a Black employee won a federal jury verdict on racial hostility claims, including accusations that he found a noose hanging near his desk in a state office building.

  • June 17, 2024

    Texas High Court Restores Fossil Win Over Harassment Suit

    The Texas Supreme Court reinstated Fossil Group Inc.'s defeat of a former sales associate's lawsuit alleging it did nothing to curb a supervisor's lewd online comments and sexual harassment, finding the fashion company took swift action when it learned of the misconduct.

  • June 17, 2024

    Biden Admin Spotlights Anti-Muslim Bias In The Workplace

    President Joe Biden's administration highlighted a series of measures it said it has taken over the past year to combat anti-Muslim bias, including in the workplace, amid the ongoing bloodshed in the Middle East.

  • June 17, 2024

    Amazon Fired Worker For Flagging Sex Harassment, Suit Says

    A former Amazon employee who described himself as "not heterosexual" filed a suit in Illinois federal court claiming the company allowed a co-worker to use homophobic slurs and harass him, then fired him after he complained.

  • June 14, 2024

    No Associational Shield In Conn. Employment Law, Panel Says

    Connecticut's key employment practices law does not create a cause of action for discriminating against a worker because they associate with a person who has disabilities, according to a Friday opinion by the Connecticut Appellate Court.

  • June 14, 2024

    FCA Boss' N-Word Use Not Enough For Racial Bias Suit

    A Black FCA worker's allegations that his supervisor used the N-word twice and that it was written on the bathroom wall are not enough to prove he experienced a hostile work environment or was prevented from doing his job, a Michigan appeal panel has ruled.

  • June 14, 2024

    9th Circ. Revives Union Pacific Workers' Disability Bias Suits

    The Ninth Circuit on Friday reversed Union Pacific Railroad's wins in three worker disability discrimination lawsuits involving plaintiffs with color-vision concerns, saying the lower court incorrectly determined that their individual claims were time-barred after an Eighth Circuit decision decertifying a thousands-strong class in similar litigation against the company.

  • June 14, 2024

    6th Circ. Keeps Block On DOE Guidance Barring Anti-Gay Bias

    A split Sixth Circuit panel on Friday said the U.S. Department of Education can't enforce guidance interpreting Title IX to ban discrimination against LGBTQ+ students in line with the U.S. Supreme Court's Bostock decision, rejecting the federal government's argument that a group of Republican attorneys general lacks standing.

  • June 14, 2024

    DC Circ. Says 'Piggybacking' Can't Save IBM Bias Claims

    International Business Machines Corp. does not have to face claims in arbitration from two workers who said they were fired because of their age, the D.C. Circuit said Friday, finding they couldn't use a "piggybacking" rule to reinstate their untimely claims.

  • June 14, 2024

    EEOC Gets $515K Deal In Disability, Genetic Bias Suit

    The U.S. Equal Employment Opportunity Commission announced Friday that a pharmacy will pay $515,000 to resolve the agency's lawsuit accusing it of recruiting workers who have hemophilia and pressuring them to let the company take over their prescriptions.

Expert Analysis

  • Fostering Employee Retention Amid Shaky DEI Landscape

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    Ongoing challenges to the legality of corporate diversity, equity and inclusion programs are complicating efforts to use DEI as an employee retention tool, but with the right strategic approach employers can continue to recruit and retain diverse talent — even after the FTC’s ban on noncompetes, says Ally Coll at the Purple Method.

  • Justices' Title VII Ruling Requires Greater Employer Vigilance

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    The U.S. Supreme Court’s recent Muldrow v. St. Louis ruling expands the types of employment decisions that can be challenged under Title VII, so employers will need to carefully review decisions that affect a term, condition or privilege of employment, say attorneys at Morgan Lewis.

  • 6th Circ. Bias Ruling Shows Job Evaluations Are Key Defense

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    In Wehrly v. Allstate, the Sixth Circuit recently declined to revive a terminated employee’s federal and state religious discrimination and retaliation claims, illustrating that an employer’s strongest defense in such cases is a documented employment evaluation history that justifies an adverse action, says Michael Luchsinger at Segal Mccambridge.

  • Navigating Harassment Complaints From Trans Employees

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    The Eleventh Circuit's recent decision in Copeland v. Georgia Department of Corrections, concerning the harassment of a transgender employee, should serve as a cautionary tale for employers, but there are steps that companies can take to create a more inclusive workplace and mitigate the risks of claims from transgender and nonbinary employees, say Patricia Konopka and Ann Thomas at Stinson.

  • Employer Considerations Before Title IX Rule Goes Into Effect

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    While the U.S. Department of Education's final rule on Title IX is currently published as an unofficial version, institutions and counsel should take immediate action to ensure they are prepared for the new requirements, including protections for LGBTQ+ and pregnant students and employees, before it takes effect in August, say Jeffrey Weimer and Cori Smith at Reed Smith.

  • 5 Employer Actions Now Risky After Justices' Title VII Ruling

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    Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.

  • Breaking Down EEOC's Final Rule To Implement The PWFA

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    Attorneys at Littler highlight some of the key provisions of the U.S. Equal Employment Opportunity Commission's final rule and interpretive guidance implementing the Pregnant Workers Fairness Act, which is expected to be effective June 18, and departures from the proposed rule issued in August 2023.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • 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.