Discrimination

  • June 10, 2024

    Duane Morris Rehires Employment Partner From Cooley

    A labor and employment attorney who spent nearly two decades at Duane Morris LLP has rejoined the firm after working at Cooley LLP the past few years.

  • June 10, 2024

    Live Urgent Care In-House Atty Axed For Pregnancy, Suit Says

    A former in-house attorney and compliance officer for Live Urgent Care LLC alleged in New Jersey state court on Friday that she was fired in retaliation for asking to take maternity leave and demanding a bonus she claims was never paid.

  • June 10, 2024

    Order Trims Cuomo Suit Over Harassment Probe Documents

    A New York state judge has partially dismissed a petition brought by former Gov. Andrew Cuomo seeking dozens of unredacted transcripts of witness interviews as part of the state attorney general's sexual harassment investigation that led to his 2021 resignation.

  • June 10, 2024

    EEOC Settles 2 Suits Over Late Demographic Data Reports

    A Georgia chicken processor and a New Jersey food distributor are the latest businesses to settle suits with the U.S. Equal Employment Opportunity Commission after it targeted 15 companies for failing to submit mandatory workforce demographic reports to the government, according to Monday court filings.

  • June 10, 2024

    Treasury Dept. Beats IRS Agent's Religious Bias Suit

    The U.S. Department of the Treasury defeated an Internal Revenue Service agent's suit claiming he was disciplined for a three-day celebration of Easter mandated by his Christian faith, with a Florida federal judge finding the reprimand was based on performance rather than religion.

  • June 07, 2024

    Split 9th Circ. Revives LA Schools Vaccine Policy Row

    A split Ninth Circuit panel on Friday reversed a California federal court's dismissal of a proposed class action challenging a recently rescinded Los Angeles Unified School District policy requiring employees to get the COVID-19 vaccine to keep their jobs, ruling that the district still has the potential to reinstate it.

  • June 07, 2024

    Hospital Dodges Hostile-Workplace Claim In Race Bias Suit

    A federal court trimmed a state-level claim of hostile work environment and two allegations of racial bias from a Black former emergency room doctor at a hospital outside Philadelphia, but said there were enough questions of fact for other parts of her case to move ahead.

  • June 07, 2024

    11th Circ. Passes On Atlanta Court Officer's Bias Battle

    The Eleventh Circuit won't revive a discrimination suit filed by a former security officer in Atlanta's federal courthouse who says he faced homophobic harassment and was assaulted by another officer while on the job, a three-judge panel said Thursday.

  • June 07, 2024

    EEOC Settles 2 More Suits Over Tardy Demographic Data

    The U.S. Equal Employment Opportunity Commission said Friday it had resolved lawsuits accusing a New Jersey janitorial company and a Wisconsin logistics company of neglecting to report demographic information about their employees for several years.

  • June 07, 2024

    Thomson Reuters Fired Worker For Anti-BLM Posts, Suit Says

    A former Thomson Reuters data scientist says he was fired after complaining about an allegedly racially hostile work environment toward white people, including the removal of his posts criticizing the Black Lives Matter movement from a company message board.

  • June 07, 2024

    John Deere Pays $1.1M To End DOL Hiring Bias Probe

    John Deere has agreed to pay $1.1 million to the U.S. Department of Labor to shutter an investigation alleging the agricultural manufacturing company declined to employ nearly 300 Black and Hispanic workers through systemic hiring discrimination, the agency announced.

  • June 07, 2024

    Southwest Attys Get Pause On 'Punitive' Religious Training

    In finding Friday that an order for several in-house Southwest Airlines attorneys to undergo "religious liberty training" should be permanently placed on hold while an appeal of a flight attendant's Title VII trial win is pending, the Fifth Circuit said the district court had likely exceeded "the scope of the court's civil-contempt authority."

  • June 07, 2024

    Ex-OFCCP Boss Says Politics Obscures Consensus On DEI

    K&L Gates partner and former Office of Federal Contract Compliance Programs director Craig Leen told Law360 in an exclusive interview that conservatives and liberals actually hold similar views on workplace diversity, equity and inclusion that are getting lost in a fog of politics.

  • June 07, 2024

    11th Circ. Won't Revive Motorcycle Salesman's Race Bias Suit

    The Eleventh Circuit backed a Georgia motorcycle dealership's defeat of a former employee's suit alleging he was fired because he's Black, finding Friday he failed to connect a white supervisor's alleged racial animus with the Black dealership owner's decision to let him go.

  • June 07, 2024

    Cozen Adds Eckert Seamans Employment Pro In Boston

    Cozen O'Connor brought on a veteran employment lawyer from Eckert Seamans Cherin & Mellott LLC in Boston, who comes with experience working in the public sector that he said allows him to help companies navigate any type of employment suit that comes their way. 

  • June 07, 2024

    Workforce Co. Inks $125K Deal In EEOC Pregnancy Bias Suit

    A workforce development company will pay $125,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging it fired an employee for taking time off to treat medical conditions that arose during her high-risk pregnancy, according to a New Mexico federal court filing.

  • June 07, 2024

    9th Circ. Says University Can Sue Over Wash. AG Hiring Probe

    A Ninth Circuit panel breathed new life Friday into a private Christian university's lawsuit accusing Washington state's attorney general of improperly investigating its anti-LGBTQ+ hiring practices, finding the possibility of potential future enforcement gives the school standing to sue.

  • June 07, 2024

    Calif. Forecast: $3.6M Freight Co. Wage Deal Up For Approval

    In the coming week, attorneys should keep an eye out for the potential initial sign-off on a more than $3.6 million deal to resolve a proposed wage and hour class action against freight carrier Oak Harbor Freight Lines Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • June 06, 2024

    Ex-Telemundo Worker Urges Panel To Revive Harassment Suit

    A former Telemundo advertising executive urged an Eleventh Circuit panel Thursday to reverse a lower court's ruling to dismiss her sexual harassment lawsuit against the company, saying she sufficiently alleged a hostile work environment after reporting sexual harassment by her supervisors.

  • June 06, 2024

    PNC Settles Former Worker's Race Bias Suit

    PNC National Bank has reached an agreement to end a former employee's racial discrimination suit in a federal court in Pittsburgh, the parties said Wednesday.

  • June 06, 2024

    Pharmacy Pushed Its Own Services On Workers, EEOC Says

    A pharmacy recruited workers who have hemophilia or family members with the condition and pressured them to let the company take over their prescriptions and switch to medications that would benefit the pharmacy financially, the U.S. Equal Employment Opportunity Commission said in a lawsuit filed in Colorado federal court.

  • June 06, 2024

    3 Things To Know As Grant Program For Black Women Halts

    The Eleventh Circuit this week blocked a venture capital fund's grant program for Black women entrepreneurs, a ruling that experts say will only embolden opponents of workplace diversity, equity and inclusion, and should serve as the latest warning to employers to fine-tune their inclusion initiatives. Here, Law360 looks at three observations discrimination lawyers had after Monday's ruling.  

  • June 06, 2024

    Jury Says Black Tech Worker Owed $535K In Retaliation Suit

    A Georgia federal jury awarded a Black tech company worker $535,000 in damages after finding he was fired in retaliation for complaining that his supervisor discriminated against him and that he was denied a raise because of his race.

  • June 06, 2024

    Navy Denied IT Worker Promotions For Race, 11th Circ. Told

    A Florida-based Navy information technology worker urged the Eleventh Circuit in a hearing Thursday to reverse a lower court's decision to toss his discrimination lawsuit, saying he was passed over for promotion because he was Hispanic and older than other candidates despite being the best qualified.

  • June 06, 2024

    Catholic Bishops' PWFA Suit Too Hypothetical, EEOC Says

    The U.S. Equal Employment Opportunity Commission urged a Louisiana federal court to reject Catholic institutions' attempt to block recently finalized Pregnant Workers Fairness Act regulations, arguing the religious organizations' concerns about abortion accommodations rely on a series of speculative uncertainties.

Expert Analysis

  • Vaccine Accommodation Suits Show Risk Of Blanket Policies

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    A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • Workplace Challenges Amid Israeli-Palestinian Conflict

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    Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • High Court's Job Bias Questions May Predict Title VII Ruling

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    Employers may be able to predict — and prepare for — important changes to workplace discrimination laws by examining the questions the U.S. Supreme Court asked during oral arguments for Muldrow v. St. Louis, where several justices seemed to favor a low threshold for Title VII suits, says Wendy LaManque at Pryor Cashman.

  • 2 Cases Highlight NJ Cannabis Employment Law Uncertainties

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    More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Sex Harassment Arbitration Exemption: Devil Is In The Date

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    A Federal Arbitration Act amendment that exempts workplace sexual harassment claims from arbitration is muddled in ongoing confusion about its chronological reach — and as many such cases begin to run up against applicable statutes of limitations, the clock is ticking for claimants to bring their actions in court, says Abe Melamed at Signature Resolution.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Lessons Learned From 2023's Top FMLA Decisions

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    This year’s most significant Family and Medical Leave Act decisions offer lessons on the act's technical requirements, including the definition of serious health condition, compliance with notice requirements and whether it is permissible to give an employee substantial extra work upon their return from leave, says Linda Dwoskin at Dechert.

  • Artificial Intelligence Is In Need Of Regulation — But How?

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    Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.