Discrimination

  • May 31, 2024

    NY Forecast: Judge Considers IATSE Movie Pay Dispute

    This week, a New York federal judge will hear arguments over the International Alliance of Theatrical Stage Employees' attempt to force a film production company to make wage and benefits payments the union claims it has not made as required under an arbitration award.

  • May 31, 2024

    Former Allstate Lawyer Settles Disability Bias Suit

    A former in-house lawyer at insurance giant Allstate has agreed to settle his dispute with the company alleging he was wrongfully fired because his doctor said he could no longer work on trials because of heart issues.

  • May 31, 2024

    Complaints About BC Tennis Coach Led To Firing, Suit Says

    A former assistant women's tennis coach at Boston College says the head coach of the program "set out on a campaign to undermine and alienate" her out of professional jealousy and gender bias, alleging she was fired in retaliation after complaining to administrators.

  • May 31, 2024

    Store Applicant Wants Pay Range Case In State Court ASAP

    A job applicant told a Washington federal judge not to grant retailer Aaron's bid to appeal to the Ninth Circuit his case accusing it of violating a state requirement to include pay ranges in job advertisements, saying it contradicts the company's claim the suit shouldn't be in federal court.

  • May 31, 2024

    Ex-Penn State Football Team Doc Wins $5.25M Retaliation Suit

    A Pennsylvania jury awarded $5.25 million to a former doctor for the Pennsylvania State University football team who claimed he was fired for reporting that head coach James Franklin pressured him to push student-athletes back onto the field before they were ready, according to a verdict sheet made public Friday.

  • May 31, 2024

    DC Delegate Floats Bill To Create Sexual Harassment Panel

    U.S. Del. Eleanor Holmes Norton of the District of Columbia has introduced a bill that would create a national commission to study workplace sexual harassment and recommend changes to lawmakers and regulators. 

  • May 31, 2024

    Calif. Forecast: State Justices To Hear 'Sovereignty' Args

    In the coming week, attorneys should watch for oral arguments at the California Supreme Court regarding whether all public entities are exempt from certain state labor law wage requirements. Here's a look at that case and other labor and employment matters coming up in California.

  • May 31, 2024

    IBEW Exits Fired Utility Worker's Sexual Harassment Suit

    A Tennessee federal judge cut the International Brotherhood of Electrical Workers loose from a fired employee's suit claiming her union stood by while her supervisor sexually harassed her, rejecting arguments from the Memphis utility she worked for that it was unfair to let the IBEW out of the case.

  • May 31, 2024

    EEOC, Hotel Co. Resolve Suit Over Missing Demographic Data

    The U.S. Equal Employment Opportunity Commission and a Florida hospitality company told a federal court they've agreed to resolve the agency's lawsuit alleging the company neglected to report demographic information about its employees.

  • May 30, 2024

    Army Vet Again Files Retaliation Suit Against Casino Owners

    A disabled U.S. Army veteran and former table games dealer has again filed suit against Harrah's Casino and its parent company, Caesar's Entertainment, claiming his employment was wrongfully terminated after he requested time off to deal with the aftermath of a fire alarm that triggered his post-traumatic stress disorder.

  • May 30, 2024

    Chamber Backs Home Depot In BLM Slogan Row At 8th Circ.

    The U.S. Chamber of Commerce backed Home Depot's challenge of a National Labor Relations Board decision finding the retailer illegally told a worker to remove a Black Lives Matter slogan on their apron, telling the Eighth Circuit that the board hadn't shown a connection between individual and group actions.

  • May 30, 2024

    ACLU Says Aon Hiring Tools Discriminate On Race, Disability

    The American Civil Liberties Union Foundation said Thursday it has filed a complaint against Aon Consulting Inc. with the Federal Trade Commission alleging it is using deceptive marketing tactics to push hiring technology that the company claims is bias free in contradiction of research showing otherwise.

  • May 30, 2024

    3 Factors That May Underlie EEOC Color Bias Charge Spike

    The U.S. Equal Employment Opportunity Commission's recently published discrimination charge data for fiscal year 2023 revealed a 40% spike in allegations of color bias in American workplaces. Here are three things experts said might help explain that sharp uptick.

  • May 30, 2024

    Politics Not Behind Radio Host's Firing, Broadcaster Argues

    The broadcaster accused of wrongfully terminating radio host Grant Napear after he tweeted "All lives matter" told a California federal court in its bid for summary judgment that Napear's firing had nothing to do with politics, and everything to do with the disrespectful tone and timing of the post.

  • May 30, 2024

    Christian Teacher Appeals Pronoun Case To 7th Circ.

    An evangelical teacher who lost his job after he objected to using gender-affirming names and pronouns for his transgender students is asking the Seventh Circuit to take another look at his religious bias case.

  • May 30, 2024

    NYU Law Review Beats Bias Claims Over Diversity Efforts

    A New York federal court on Thursday dismissed a lawsuit from a self-described straight white male, first-year law student at New York University claiming the NYU Law Review is discriminatory.

  • May 30, 2024

    6th Circ. Nixes Bias Suit From Bus Driver Fired After Fight

    The Sixth Circuit refused Thursday to revive a race and disability bias suit from a Black bus driver who fought a passenger and left him on train tracks, ruling that he failed to show prejudice cost him his job rather than the violent incident.

  • May 30, 2024

    Ballard Spahr Faces Claim It Fired Worker Over Sick Husband

    A former legal assistant at Ballard Spahr LLP claims the firm fired her in retaliation for using the Family and Medical Leave Act to take time away from work to care for her cancer-stricken husband, according to a complaint filed in Pennsylvania federal court.

  • May 30, 2024

    Atty Who Missed Depo Amid Eclipse Trip Slams AAA's Fee Bid

    A lawyer sanctioned for missing a client's deposition in Florida when the attorney was viewing the solar eclipse in Arkansas has slammed the AAA organization's related fees request as "hyperinflated" and cited a popular job-hunting website to back up his argument.

  • May 30, 2024

    DOJ Says Okla. School District Violated Military Leave Law

    A school district in Oklahoma violated federal law by failing to reinstate a music teacher after he returned from military deployment in the Air Force Reserve, the U.S. Department of Justice alleged in a lawsuit. 

  • May 30, 2024

    Slapping Groping Patient Isn't Protected Action, 4th Circ. Says

    A former certified nursing assistant at a nursing home operator didn't show that smacking the hand of a patient whom she alleged groped her constituted protected activity under West Virginia law, a Fourth Circuit panel ruled Thursday, affirming the company's win in a lower court.

  • May 30, 2024

    Ex-Fox Rothschild Corporate Chief Accuses Firm Of Age Bias

    The former head of Fox Rothschild LLP's corporate department sued the firm for age discrimination Wednesday in New Jersey state court, saying it slashed his pay to below that of a first-year associate and then forced him out after nearly 30 years of employment there.

  • May 30, 2024

    Morgan & Morgan Settles Ex-Paralegal's FMLA Suit

    Morgan & Morgan PA reached a deal with a former paralegal ending her suit accusing the firm of interference and retaliation when she was unlawfully fired, she said, after requesting time off afforded by the Family and Medical Leave Act, the firm told a Florida federal judge Thursday.

  • May 30, 2024

    NLRB GC Calls On Board To Find Racism Claim Is Protected

    A National Labor Relations Board judge was right to find that a school choice nonprofit illegally terminated a worker for saying she thought her supervisor was racist, agency prosecutors argued, saying the worker's remark was linked to protected concerted activity.

  • May 30, 2024

    4th Circ. Backs Md. Agency In Worker's Telework Bias Suit

    The Fourth Circuit declined to revive a suit filed by a Maryland Department of Health worker who claims he was fired for requesting telework to manage his prediabetes, finding he couldn't overcome the agency's position that he was terminated for performance issues.

Expert Analysis

  • An Employer's Guide To EEOC Draft Harassment Guidance

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    Rudy Gomez and Steven Reardon at FordHarrison discuss the most notable aspects of the U.S. Equal Employment Opportunity Commission’s recently proposed workplace harassment guidance, examine how it fits into the context of recent enforcement trends, and advise on proactive compliance measures in light of the commission’s first update on the issue in 24 years.

  • To Responsibly Rock Out At Work, Draft A Music Policy

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    Employers may be tempted to turn down the tunes after a Ninth Circuit decision that blasting misogynist music could count as workplace harassment, but companies can safely provide a soundtrack to the workday if they first take practical steps to ensure their playlists don’t demean or disrespect workers or patrons, says Ally Coll at the Purple Method.

  • 5 Surprises In New Pregnancy Law's Proposed Regulations

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    Attorneys at Baker McKenzie examine five significant ways that recently proposed regulations for implementing the Pregnant Workers Fairness Act could catch U.S. employers off guard by changing how pregnant workers and those with related medical conditions must be accommodated.

  • How Employers Can Take A Measured Approach To DEI

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.