Discrimination

  • July 03, 2024

    Mass. Court Partially Revives Trooper's Bias Suit

    An intermediate-level appellate panel in Massachusetts on Wednesday partially revived a suit brought by a state trooper who claimed she faced retaliation and was treated differently after breaking up with a colleague.

  • July 03, 2024

    Staffing Firm To Pay $500K To End EEOC Sex Harassment Suit

    A staffing firm will pay out $500,000 to resolve a U.S. Equal Employment Opportunity Commission suit accusing it of failing to intervene when the female workers it placed at a raisin company reported sexual harassment, according to a filing in California federal court.

  • July 03, 2024

    After Chevron Deference: What Lawyers Need To Know

    This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.

  • July 02, 2024

    Northwestern Hires 'Mediocre' Minorities Over Men, Suit Says

    Northwestern University's law school favors hiring women and minority faculty candidates with "mediocre and undistinguished records" over better-credentialed white men, a conservative group claims in a lawsuit filed Tuesday in Chicago federal court, a year after the U.S. Supreme Court struck down affirmative action in higher education admissions.

  • July 02, 2024

    FilmOn Founder Must Pay $900M In Sexual Battery Verdict

    Alki David, founder of FilmOn and heir to a Coca-Cola bottling fortune already facing more than $80 million in judgments related to sexual battery or sexual assault lawsuits, was ordered by a Los Angeles jury to pay a staggering $900 million to a former employee who accused him of raping her, according to documents posted in the case Tuesday.

  • July 02, 2024

    Charter Justified Firing Of Lactating Worker, 10th Circ. Says

    A Tenth Circuit panel on Tuesday sided with Charter Communications over an employee who alleged she was fired for seeking reasonable accommodations to pump breast milk at work, with the panel finding Charter supplied a legitimate reason for her termination.

  • July 02, 2024

    2nd Circ. Backs County Win In Ex-Director's ADA Bias Suit

    The Second Circuit refused on Tuesday to revive a lawsuit that a former fiscal affairs director brought against a New York county's policymaking branch, saying he failed to show that a planned back surgery — and not his poor performance — cost him his job.

  • July 02, 2024

    NY County Must Face Ex-Assistant DA's Leave Bias Suit

    A New York county can't dodge a former assistant district attorney's suit claiming she was unlawfully fired for requesting time off following her husband's cancer diagnosis, with a federal judge ruling more information is needed to determine whether she was misled about her eligibility for leave.

  • July 02, 2024

    8th Circ. Curbs An Employer Defense In Disability Bias Cases

    The Eighth Circuit recently made it easier for disabled workers to get bias cases to trial by reining in a legal shield employers can deploy against Americans with Disabilities Act claims, a step one disability law expert called "revolutionary."

  • July 02, 2024

    11th Circ. Revives School Worker's Religious Bias Suit

    The Eleventh Circuit reinstated a suit Tuesday from a worker who claimed a Florida school board illegally denied his request to avoid working on the Sabbath, ruling that he did enough to show the board's decision making may have been discriminatory.

  • July 02, 2024

    7th Circ. Backs Hospital's Win In Black Physician's Bias Suit

    The Seventh Circuit declined Tuesday to reinstate a Black physician's lawsuit alleging she was forced to quit because she was paid less than other doctors to do more work, saying she failed to show she was treated differently from white employees.

  • July 02, 2024

    Metal Co. Can't Narrow EEOC's Race Discrimination Suit

    A metal galvanization company can't cut several workers from a U.S. Equal Employment Opportunity Commission suit claiming it failed to address rampant racist language at its facility, a New York federal judge ruled, rejecting the employer's argument that the employees neglected the company's anti-discrimination policies.

  • July 02, 2024

    DC Circ. Revives Asian ATF Agent's Promotion Bias Suit

    The D.C. Circuit revived a special agent's suit Tuesday alleging he lost a promotion in the Bureau of Alcohol, Tobacco, Firearms and Explosives for complaining he was denied job opportunities for being Asian American, finding the lower court overlooked details that supported his claims.

  • July 02, 2024

    DLA Piper Tells Judge Fired Associate Got Proper Discovery

    Counsel for DLA Piper LLP told a Manhattan federal judge on Tuesday the firm has provided responsive information to a former associate who claims she was unlawfully fired while pregnant, adding it is confident her termination was lawful.

  • July 02, 2024

    Wendy's Franchisee Settles EEOC Suit Over Workforce Data

    A company that operates Wendy's restaurants reached a deal with the U.S. Equal Employment Opportunity Commission to end a suit claiming it shirked its legal responsibility to timely submit its workforce demographic data, a filing in Ohio federal court said.

  • July 01, 2024

    High Court's 1-2 Punch Sets Up Long-Standing Regs For KO

    By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.

  • July 01, 2024

    UC Riverside Profs Win Combined $6.1M In Retaliation Trial

    Two former University of California, Riverside professors were awarded a total of $6.1 million in damages by a jury that found they were retaliated against in violation of the California Whistleblower Protection Act after making official complaints about alleged misdeeds their supervisor was engaging in, including misuse of government funds. 

  • July 01, 2024

    Chevron's End May Tilt Challenges To Pregnant Worker Rule

    The recent elimination of a long-standing doctrine that directed judges to defer to federal agencies' interpretations of ambiguous statutory language gives potentially potent ammunition to opponents of the U.S. Equal Employment Opportunity Commission's regulations implementing the Pregnant Worker Fairness Act, attorneys say.

  • July 01, 2024

    FCC Urged To Delay Broadcast Reporting Rule During Lawsuit

    Religious broadcasters and advocacy groups are urging the Federal Communications Commission to halt collection of workforce race and gender demographics at television and radio broadcasters while a challenge to a reinstated rule proceeds in the Fifth Circuit.

  • July 01, 2024

    Nev. Supreme Court Won't Give Gruden 2nd Try Against NFL

    The Nevada Supreme Court will not rehear a decision to send to arbitration former Las Vegas Raiders head coach Jon Gruden's defamation lawsuit against the NFL, a three-member court panel ruled Monday.

  • July 01, 2024

    Workers Accuse Kanye West Of 'Extreme' Racism On The Job

    Eight young app developers have sued "Heartless" rapper Ye, formerly known as Kanye West, his company and its former chief of staff, conservative firebrand Milo Yiannopoulos, in California federal court, alleging they fostered a hostile and abusive working environment, subjecting them to "extreme racism," bullying and harassment without pay.

  • July 01, 2024

    Ill., Northshore Say Anti-Vax Case Not About Religious Liberty

    A nurse working for a Northshore Health unit in Illinois should be permanently blocked from pursuing employment deprivation claims over her initial denial of a COVD-19 religious vaccine exemption, the health facility said, arguing she is using a state conscience law as a "sword" against COVID-19 protections. 

  • July 01, 2024

    Ex-LSU Football Director Seeks Full 5th Circ. Bias Suit Review

    A former Louisiana State University football director asked the Fifth Circuit on Monday for a full-court review of its ruling that her bias suit does not plausibly show that school officials violated public records law by not turning over sexual harassment investigation records.

  • July 01, 2024

    ACLU, NLRB Prosecutors Clash Over Outspoken Atty's Firing

    National Labor Relations Board prosecutors and the American Civil Liberties Union filed dueling briefs in a board challenge to an ex-policy attorney's firing, with prosecutors claiming she was fired for speaking out about bad bosses and the group claiming she relentlessly smeared Black supervisors.

  • July 01, 2024

    8th Circ. Revives ADA Suit By Diabetic Hardee's Manager

    The Eighth Circuit breathed new life Monday into a former manager's lawsuit alleging a Hardee's franchisee fired her because she has diabetes, saying a jury could sort out whether she was unlawfully fired after a diabetic episode that she claimed precluded her from calling in sick.

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.