Discrimination

  • June 05, 2024

    Atty Accused Of 'Quiet Quitting' Ends Bias Suit Against Firm

    New York-based plaintiffs firm Napoli Shkolnik PLLC and a former attorney told a federal court they've agreed to end the ex-employee's lawsuit alleging she was publicly accused of breaking her employment contract by "quiet quitting" because she challenged the racist behavior she witnessed.

  • June 05, 2024

    Machinery Co. Can't Beat Suit Over Gender-Affirming Care

    A New Hampshire turbomachinery company can't dodge a transgender employee's lawsuit alleging its healthcare plan's ban on gender dysphoria treatment coverage is discriminatory, with a federal judge ruling the company overlooked the U.S. Supreme Court's landmark Bostock decision.

  • June 05, 2024

    Amtrak, Chick-Fil-A Franchise Face Pregnancy Bias Charges

    Amtrak and a Chick-fil-A franchise ran afoul of the Pregnant Workers Fairness Act by punishing workers for taking time off for pregnancy-related medical care, according to U.S. Equal Employment Opportunity Commission charges a worker advocacy group said it filed Wednesday.

  • June 05, 2024

    Ohio Panel Revives Cancer Scientist's Misconduct Probe Suit

    An Ohio appellate court revived parts of a cancer research scientist's suit accusing Ohio State University of mishandling a probe into his conduct sparked by a New York Times article the scientist said defamed him, ruling his claims the school failed to follow its own policy should continue.

  • June 05, 2024

    AAA Says Fee Critique 'Flawed' For Missed Eclipse Day Depo

    An attorney sanctioned for missing a deposition in Florida while he was in Arkansas viewing April's solar eclipse used "guesswork" in a response asking a federal judge in the Sunshine State to whittle a request for $7,800 in fees down to just over $1,200, according to a reply filed this week by AAA in a lawsuit by a former employee.

  • June 05, 2024

    Lewis Brisbois Employment Attys Join Kaufman Dolowich

    Kaufman Dolowich has hired a pair of Lewis Brisbois Bisgaard & Smith LLP employment attorneys as partners in Los Angeles.

  • June 05, 2024

    Waste Co. Strikes Deal To Exit DOL Sex Bias Probe

    A Southern California waste collection company will pay more than $104,000 and hire 10 women to end an investigation by the U.S. Department of Labor into the company's discriminatory hiring practices against female job applicants.

  • June 05, 2024

    Ally Bank Unlawfully Denied White Man Senior Role, Suit Says

    Ally Financial Inc. declined to tap a white male employee for a leadership position so it could pick a woman and fulfill its diversity quotas and pushed him into an analyst role he was later forced to resign from, according to a suit filed in North Carolina federal court.

  • June 05, 2024

    Public Input On EEOC/NLRB Memo A Must, US Rep. Says

    A coming joint memorandum from the nation's federal discrimination and labor law watchdogs addressing when workplace speech qualifies as unlawful harassment should be opened to public comment before being published, the Republican chairwoman of the House Education and the Workforce Committee said. 

  • June 05, 2024

    Atty Retaliation Claim 'Self-Serving Spin,' Major Lindsey Says

    Legal recruiter Major Lindsey & Africa has asked a Maryland federal judge to toss an associate's claim that she was retaliated against after suing Troutman Pepper for racial discrimination, arguing that the absence of a contract between the parties dooms her claim, and that she failed to show that the recruiter "acted with a retaliatory motive or intent."

  • June 04, 2024

    JPMorgan Accused Of Retaliating Against Indian H-1B Worker

    JPMorgan Chase & Co. is facing a new lawsuit accusing it of firing an Indian product manager on an H-1B visa after the former employee confronted his supervisor for allegedly discriminating against him based on his race and nationality.

  • June 04, 2024

    Ga. County Wants 11th Circ. To Rethink Trans Care Ban Ruling

    A Georgia county that lost a legal challenge to a provision of its health plan that bars coverage for gender-affirming surgery has asked the full Eleventh Circuit to revisit the decision, arguing that an opinion last month wrongly found the policy discriminates against transgender people, rather than being isolated to a single procedure.

  • June 04, 2024

    Advocates Say Workplace AI Vendors 'Ignore' Disability Bias

    Two federal agencies' ongoing investigations into claims that artificial intelligence-fueled screening tools sold by management consulting firm Aon discriminate against disabled job applicants show that tech vendors are overlooking disability bias when they roll out new technology, worker advocates say.

  • June 04, 2024

    Airlines Seek Shield From Chicago's New Paid Sick Leave Law

    The trade group representing the largest U.S. airlines alleged in a federal lawsuit Tuesday that Chicago's new paid sick leave law cannot be enforced against airlines because it interferes with flight crew staffing and scheduling in violation of federal law and collective bargaining agreements.

  • June 04, 2024

    EEOC Says Transgender Care Exclusion Violated Title VII

    The U.S. Equal Employment Opportunity Commission ruled that the Office of Personnel Management violated federal civil rights law when it denied a transgender retiree's claims for gender-affirming care, reversing an agency decision that determined he hadn't been subjected to discrimination.

  • June 04, 2024

    Honeywell Manager 'Dismissive' Of Black Employee, Suit Says

    A Black woman who was a global marketing manager for Honeywell International Inc. has accused the conglomerate of using layoffs as a pretext to get rid of her after she filed an internal complaint calling into question her manager's treatment of women and people of color.

  • June 04, 2024

    Property Company Must Face Ex-Manager's Race Bias Suit

    A Pennsylvania federal judge denied a real estate firm's effort to take an early win over a discrimination and retaliation suit brought by one of its Black former property managers, ruling that there are still too many open questions about the worker's treatment as she oversaw a problem-ridden Ohio apartment complex.

  • June 04, 2024

    County Says Exec Can't Pin Firing On Lawyer Bashing

    A fired county executive's letter calling the county's legal counsel incompetent was sent as part of his official job duties, a Michigan county said Monday, arguing that the comments were not protected speech and can't give rise to a retaliation claim.

  • June 04, 2024

    2nd Circ. Won't Revive NYU Doctor's Disability Bias Suit

    The Second Circuit declined Tuesday to reinstate a doctor's suit claiming a New York University hospital fired him instead of accommodating his disability, saying the hospital was on solid ground to let him go because he couldn't perform a particular procedure.

  • June 04, 2024

    8th Circ. Erases Pharmacist's Win In Service Dog ADA Suit

    The Eighth Circuit on Tuesday upended a pharmacist's $134,000 jury trial win in her lawsuit accusing a Missouri city of unlawfully barring her from bringing her service dog to work to help her monitor her diabetes, saying she failed to show that she needed the dog to do her job.

  • June 04, 2024

    2nd Circ. Backs TD Bank's Win Over Ex-Manager's Bias Suit

    The Second Circuit refused Tuesday to revive a former TD Bank manager's suit claiming he was fired because he suffered from anxiety and had requested parental leave, finding he couldn't overcome the bank's explanation that he was let go because of forgery.

  • June 04, 2024

    Legal Tech Co. Wants Ex-Exec's $1M Stock Suit Out Of NY

    A former legal tech executive's lawsuit claiming she was sexually harassed, fired and then cut out of $1 million in stock options should be moved from New York to either Texas or arbitration, or dismissed entirely, her former colleagues said Tuesday, calling the allegations against them "vague and conclusory."

  • June 04, 2024

    Ex-Lumentum VP Traded On Merger Info, SEC Says

    The former vice president of product line management at Lumentum has been accused by the U.S. Securities and Exchange Commission of using nonpublic information about a pending merger to trade stock during his time with the laser products company.

  • June 04, 2024

    Debevoise Litigation Dept. Gets Shake-Up As Co-Chair Retires

    Debevoise & Plimpton LLP announced Tuesday that it has appointed longtime New York-based partner Jyotin "Joe" Hamid as the new co-chair of its litigation department, succeeding Mary Beth Hogan next month as she prepares to retire at the end of the year.

  • June 04, 2024

    NJ Pitches Rule To Clarify Disparate Impact Bias Ban

    New Jersey's civil rights agency proposed a rule laying out the standards for the state's prohibitions on workplace policies that have a disproportionate impact on people in protected classes.

Expert Analysis

  • 10 Steps To Reduce Risks From AI Employment Tools

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    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

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    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

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    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

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    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

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    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'

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    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

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    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

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    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.

  • How AI 'Cultural Fit' Assessments Can Be Analyzed For Bias

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    Attorneys at Sanford Heisler explore how the use of artificial intelligence to assess workplace cultural fit may provide employees with increased opportunities to challenge biased hiring practices, and employers with more potential to mitigate against bias in algorithmic evaluations.

  • High Court's Old, Bad Stats Analysis Can Miss Discrimination

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    Courts and practitioners should reconsider a common statistical test for evidence of employment discrimination, created by the U.S. Supreme Court for its 1977 Castaneda and Hazelwood cases, because its “two or three standard deviations” criteria stems from a misunderstanding of statistical methods that can dramatically minimize the actual prevalence of discrimination, says Daniel Levy at Advanced Analytical Consulting Group.

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • In Focus At The EEOC: Emerging And Developing Issues

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    The U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan highlights how the agency will prioritize its limited resources over the next four years, and the most notable emerging issues include ensuring protections for pregnant workers and those dealing with long-term COVID-19 effects, says Jim Paretti at Littler.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.