Discrimination

  • June 14, 2024

    NY Bill Taking Aim At Model Worker Abuse Awaits Gov.'s Pen

    The New York State Assembly greenlighted a bill now headed for the governor's desk that creates new worker protections for models that aim to rein in industry exploitation, legislation that would build a registry of modeling agencies and require them to act as fiduciaries for their workers.

  • June 14, 2024

    Red States Look To Block ACA Trans Discrimination Rule

    A group of 15 conservative states urged a Mississippi federal court to halt recently finalized regulations clarifying gender identity-based discrimination under the Affordable Care Act from taking effect, saying the new rule strips the states of their right to oversee medical ethics.

  • June 14, 2024

    Acting NJ Banking Director Denied Title Due To Sex, Suit Says

    The former acting director of banking for the New Jersey Department of Banking and Insurance was denied the permanent role because of her gender and as retaliation for reporting pay discrepancies, according to a lawsuit filed in New Jersey state court.

  • June 14, 2024

    NJ Chief Justice Depo 'Redundant' In Pension Fight, Court Told

    The New Jersey judiciary urged the state court to deny a bid to depose Chief Justice Stuart Rabner in a suit brought by a former Superior Court judge over the denial of her disability pension application, arguing she can't meet the heightened burden required to depose a high-ranking official and that the chief justice's testimony is privileged.

  • June 14, 2024

    Red State Challenge To EEOC Pregnant Worker Rule Falls Flat

    An Arkansas federal judge on Friday rejected a bid from a group of Republican state attorneys' general to freeze the U.S. Equal Employment Opportunity Commission's rule implementing the Pregnant Workers Fairness Act ahead of its June 18 effective date, refusing to issue an injunction and ruling they lacked standing to invalidate the regulations. 

  • June 14, 2024

    Former IT Worker Wants Outright Win In FMLA Suit

    A former information technology worker asked a Florida federal court Friday to reconsider a win it denied him in his lawsuit alleging he was fired after he took medical leave to treat anxiety, arguing the court should have found his company acted illegally.

  • June 14, 2024

    Update On Ex-George Mason Prof's Suits Over Sex Allegations

    After two women came forward last August accusing former BigLaw partner, FTC commissioner and George Mason University law professor Joshua D. Wright of sexual improprieties with students and direct reports, a number of additional accusations and lawsuits followed. Here are updates on the litigation and everything else surrounding the allegations.

  • June 14, 2024

    NY Forecast: Class Cert. Args In Four Seasons Layoff Suit

    This week, a New York federal judge will consider a motion to certify a class of former workers at the Four Seasons Hotel New York who claim the hotel violated federal and state law by not notifying them of furloughs and that the hotel denied them contractually required severance. Here, Law360 explores this and other cases on the docket in New York.

  • June 14, 2024

    Dunkin' Franchise Must Face Customer's Race Bias Suit

    An intermediate appellate court in Massachusetts on Friday revived part of a lawsuit brought by a Black customer of a Dunkin' franchise who says an employee deliberately ignored his order for 15 minutes, then threw his food at him and called him a racist epithet.

  • June 14, 2024

    Lockheed Worker Fired For Romantic Emails Claims Age Bias

    Lockheed Martin used romantic messages that a longtime engineer sent to a "high school sweetheart" over his company email as an excuse to get rid of him because he was 70 years old, the former worker told a California state court.

  • June 14, 2024

    Justices' Harm Edict Tops 2024's Biggest Bias Rulings So Far

    A recent watershed U.S. Supreme Court ruling eased the level of harm workers must show to bring discrimination cases, while orders from the U.S. Equal Employment Opportunity Commission and a lower federal court clarified the justices' decision last year on religious accommodations. Here's a look at a quartet of rulings from the first half of this year that caught discrimination lawyers' attention.

  • June 14, 2024

    Calif. Forecast: Delta's $16M Pay Stub Deal Up For Approval

    In the coming week, attorneys should watch for potential settlement approval in a pay stubs class action against Delta Air Lines that went to the Ninth Circuit and the California Supreme Court. Here's a look at that case and other labor and employment matters coming up in California.

  • June 14, 2024

    Deal In The Works To End EEOC, Walmart ADA Suit

    The U.S. Equal Employment Opportunity Commission and Walmart alerted a North Carolina federal court that they've nearly reached a deal to resolve the agency's suit accusing the retailer of firing a worker because she couldn't get a doctor's OK to work without restrictions.

  • June 13, 2024

    Ex-Duke Doc Wants Panel To Redo Disability Bias Ruling

    A fired Duke University hospital doctor pressed a North Carolina state appeals court to reconsider not reviving the disability claims in his suit against the hospital, arguing that the case belongs before a jury.

  • June 13, 2024

    Seattle Port Presses Ex-Police Chief At Trial On HR Bashing

    The Port of Seattle confronted its former police chief on the stand Thursday in attempt to show it lawfully fired him for retaliating against an officer, presenting to jurors an email in which the ex-chief criticized the officer for complaining to HR, "the one place who would give him sanctuary."

  • June 13, 2024

    Apple Workers' Suit Says Women Are Paid Less For Same Work

    A pair of Apple workers lodged a proposed class action in California state court Thursday claiming that the company has systematically paid thousands of women less than their male counterparts for substantially similar work for years.

  • June 13, 2024

    Alston & Bird Wins Bid To Arbitrate COVID Vax Claims

    Alston & Bird LLP can arbitrate a former aide's allegations that she was fired after refusing to get the COVID-19 vaccine, a Georgia federal judge ruled Thursday, putting the litigation on ice pending the outcome of arbitration.

  • June 13, 2024

    8th Circ. Backs Wabtec In Fired Black Worker's Race Bias Suit

    The Eighth Circuit upheld Thursday the dismissal of a Black plant supervisor's suit claiming Wabtec fired him out of racial bias when it faulted him for violating its COVID-19 close contact disclosure policies, ruling that the former employee didn't show bias cost him a job rather than misconduct.

  • June 13, 2024

    Health Data Co. Beats Ex-GC's Federal Age Bias Claim

    A healthcare data analytics company has beaten back its former general counsel's claim that he was underpaid due to his age, with a New York federal judge saying the ex-employee offered some evidence to support his Age Discrimination in Employment Act claim, but not enough.

  • June 13, 2024

    EEOC Accuses 2 Employers Of Gender Identity, Gay Bias

    The U.S. Equal Employment Opportunity Commission in federal courts Thursday accused an Alabama hotel of firing an employee because his style didn't conform to male stereotypes and an Illinois flooring company of failing to stop employees from making homophobic remarks, in violation of federal anti-discrimination law.

  • June 13, 2024

    7th Circ. Backs Chicago Restaurant's Win Over Sex Bias Suit

    The Seventh Circuit on Thursday upheld a Chicago restaurant's defeat of a lawsuit alleging it fired a host for complaining that co-workers and customers touched her inappropriately and made offensive comments, saying she couldn't overcome the restaurant's assertion that she was terminated for poor performance.

  • June 13, 2024

    Brewpub Reaches $115K Deal To Exit EEOC Retaliation Suit

    A restaurant and brewery agreed Thursday to pay $115,000 to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of firing a Black cook for flagging verbal abuse of Black and Hispanic employees in the workplace, according to a filing in Georgia federal court.

  • June 13, 2024

    2nd Circ. Revives Conn. Town Worker's Sex Harassment Suit

    The Second Circuit gave a Connecticut town employee another shot Thursday at her suit claiming she endured years of harassing letters from a contractor who accused her of having sex with subordinates, saying a reasonable jury could find the town should have done more to intervene.

  • June 13, 2024

    McCarter & English Atty Named Frier Levitt Employment Head

    A former McCarter & English LLP partner of over 20 years with deep experience representing healthcare clients has moved to Frier Levitt to head the national firm's employment practice group, Frier Levitt announced Thursday.

  • June 13, 2024

    Delta Dodges Female Mechanic's Promotion, Pay Bias Suit

    Delta Air Lines Inc. defeated a mechanic's lawsuit claiming she was denied promotions and paid less than male colleagues because she's a woman, with a Utah federal judge ruling she hadn't shown she was treated differently from any comparable co-worker.

Expert Analysis

  • 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.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • What Texas Employers Should Know After PWFA Ruling

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    After a Texas federal judge recently enjoined federal agencies from enforcing the Pregnant Workers Fairness Act against the state of Texas, all employers must still remain sensitive to local, state and federal protections for pregnant workers, and proactive in their approach to pregnancy-related accommodations, says Maritza Sanchez at Phelps Dunbar.

  • AI In Performance Management: Mitigating Employer Risk

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    Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.