Discrimination

  • July 01, 2024

    Jury Sides With Amazon In Suit Over Post-Surgery Leave

    Amazon didn't have to give a former employee additional time off after gum disease surgery because she wasn't entitled to medical leave and didn't have a disability under federal law, a Florida federal jury found as it sided with the company.

  • July 01, 2024

    Call Center Strikes Deal To Exit EEOC Disability Bias Probe

    A Columbus, Ohio, call center will pay $23,000 to resolve an investigation that the U.S. Equal Employment Opportunity Commission launched into allegations that the company refused to accommodate an employee with a disability and then placed her on unpaid leave.

  • July 01, 2024

    Supreme Court Widens Window To Challenge Federal Regs

    Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    In Chevron Case, Justices Trade One Unknown For Another

    The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

  • June 28, 2024

    PAGA Reforms Clear Calif. Assembly, Head To Newsom's Desk

    California legislators in both the Senate and Assembly overwhelmingly backed big changes to California's Private Attorneys General Act, including an adjustment to how penalties are assessed to employers and awarded to employees, sending the package to Gov. Gavin Newsom's desk.

  • June 28, 2024

    4th Circ. Backs Bank's Win In Black Worker's Bias Suit

    The Fourth Circuit on Friday declined to reinstate a lawsuit that a Black former manager brought against a bank accusing it of firing her because she complained about racial bias, saying she failed to rebut the company's argument that she was let go because of her poor performance.

  • June 28, 2024

    Fired BlueCross Worker Gets $680K Jury Win In Vax Bias Suit

    A Tennessee federal jury awarded a former BlueCross BlueShield employee more than $680,000 after it found the insurance company failed to accommodate her when she was fired for refusing its COVID-19 vaccination mandate because of her religious convictions.

  • June 28, 2024

    9th Circ. Backs Mining Co.'s Defeat Of Driver's FMLA Suit

    The Ninth Circuit upheld a mining company's jury win over a truck driver's lawsuit claiming he was fired because he took time off after a workplace injury, saying Friday that employers don't have to rely on medical evidence to challenge a doctor's diagnosis under federal medical leave law.

  • June 28, 2024

    Nonprofit To Pay $1M To End EEOC Disability Bias Suit

    A nonprofit that provides career opportunities for individuals with disabilities agreed Friday to pay $1 million to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of failing to provide sign language interpreters and firing employees who needed to take medical leave.

  • June 28, 2024

    8th Circ. Reopens Healthcare Worker's Vaccine Bias Case

    The Eighth Circuit revived a physical therapist's lawsuit Friday alleging a healthcare nonprofit treated her differently because she had a religious exemption from its COVID-19 vaccine mandate, telling the lower court to assess her case through the lens of a recent U.S. Supreme Court decision.

  • June 28, 2024

    Eric Trump Can Shield Most Docs In Ex-Aide's Retaliation Suit

    Eric Trump can assert attorney-client privilege to avoid turning over most of a batch of emails sought by Trump 2016 campaign aide Arlene "AJ" Delgado in her pregnancy retaliation suit claiming she was banished from former President Donald Trump's orbit after a fellow staffer got her pregnant.

  • June 28, 2024

    Morgan Lewis Employment Litigator Jumps To Vedder Price

    Vedder Price has hired an employment litigator from Morgan Lewis & Bockius LLP as a shareholder in its Chicago office, the firm announced Friday.

  • June 28, 2024

    A Year After Justices Scrap Affirmative Action, DEI Rebounds

    Workplace diversity, equity and inclusion efforts took a hit after the U.S. Supreme Court handed down a blockbuster decision one year ago scrapping affirmative action in college admissions, but experts say employer interest in crafting DEI programs is bouncing back.

  • June 28, 2024

    EEOC Says Claims Of Trans Worker's Harassment Are Valid

    The U.S. Equal Employment Opportunity Commission urged an Illinois federal court to keep afloat its suit accusing a hog farm of allowing its president and a worker to harass a transgender female employee, saying it put forward enough details to back up its claims.

  • June 28, 2024

    High Court Enters July With 3 Rulings To Go

    In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action. 

  • June 28, 2024

    Supreme Court Strikes Down Chevron Deference

    The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.

  • June 27, 2024

    Tesla Error Doomed Bid To Arbitrate Race Bias Suit, Court Says

    Tesla must face a Black ex-employee's claims of race discrimination in court, a California appeals court ruled Wednesday, affirming a lower court's finding that the electric vehicle maker lost its chance to arbitrate the claims after it failed to pay arbitration fees on time.

  • June 27, 2024

    Principal Accused Of Fraud Can't Revive Bias Suit At 6th Circ.

    The Sixth Circuit backed the dismissal Thursday of a white principal's suit claiming race bias and violations of free speech after she was placed on paid leave under a gag order following claims she helped a custodian commit wage fraud, ruling her case lacks enough detail to warrant revival.

  • June 27, 2024

    EEOC's Kotagal Says Worker-Side Attys 'Haven't Lost' On DEI

    The newest commissioner at the U.S. Equal Employment Opportunity Commission urged plaintiff-side employment lawyers at a conference Thursday to keep fighting for lawful diversity, equity, inclusion and accessibility initiatives, and data collection to ensure equal employment opportunities. 

  • June 27, 2024

    11th Circ. Upholds Radiology Practice's FMLA Suit Win

    The Eleventh Circuit on Thursday backed a Florida radiology practice's defeat of a doctor's lawsuit alleging he was fired because he requested medical leave, ruling a lower court didn't err when it blocked him from presenting evidence he hadn't previously disclosed.

  • June 27, 2024

    5 New Pay Transparency Laws With Effective Dates To Watch

    The trend toward pay transparency continued this year, as states and cities made legislative changes to narrow the race and gender pay gap by requiring employers to share pay ranges for available jobs. Here are five laws with upcoming effective dates attorneys should keep an eye on.

  • June 27, 2024

    Ariz. Property Management Co. Hit With Age Bias Suit

    A former employee of a property management company claimed in Arizona federal court that she faced age discrimination on the job from the residents of an Arizona community for older people, and that the company did nothing about it.

  • June 27, 2024

    6th Circ. Backs Court Win In Black Ex-Worker's Race Bias Suit

    The Sixth Circuit declined Thursday to reinstate a lawsuit a former pretrial services investigator lodged against a Michigan circuit court accusing it of passing her over for a promotion because she's Black, saying her failure to show bias — not her poor interviewing skills — cost her the role.

  • June 27, 2024

    6th Circ. Dismisses Doctors' ACA Trans Healthcare Appeal

    The Sixth Circuit dismissed on Thursday an appeal from a group of doctors attempting to block the U.S. Department of Health and Human Services from enforcing prohibitions on gender-identity discrimination under the Affordable Care Act, finding subsequent agency action overruled the doctors' claims.

Expert Analysis

  • AI Isn't The Wild West, So Prepare Now For Bias Risks

    Author Photo

    In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.

  • AI's Baked-In Bias: What To Watch Out For

    Author Photo

    The federal AI executive order is a direct acknowledgment of the perils of inherent bias in artificial intelligence systems, and highlights the need for legal professionals to thoroughly vet AI systems, including data and sources, algorithms and AI training methods, and more, say Jonathan Hummel and Jonathan Talcott at Ballard Spahr.

  • 'Miss Manners' Scenarios Holds Job Accommodation Lessons

    Author Photo

    Robin Shea at Constangy looks at the potentially negative legal consequences for employers who follow some advice recently given in the Washington Post's "Miss Manners" column, and offers solutions of her own.

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

    Author Photo

    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

  • Handling Religious Objections To Abortion-Related Job Duties

    Author Photo

    While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.

  • Transgender Worker Rights: A Guide For California Employers

    Excerpt from Practical Guidance
    Author Photo

    California employers should know their obligations under overlapping state and federal law to protect the rights of their transgender, nonbinary and gender-nonconforming workers, and implement best practices to avoid discriminating in how they hire and promote, offer medical benefits to, and prevent harassment of these employees, says Michael Guasco at Littler.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

    Author Photo

    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • In Focus At The EEOC: Eliminating Recruiting, Hiring Barriers

    Author Photo

    While the recruiting and hiring segment of the U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan spotlights the potential discriminatory effects of artificial intelligence, employers should note that it also touches on traditional bias issues such as unlawfully targeted job advertisements and application inaccessibility, say Rachel See and Annette Tyman at Seyfarth.

  • A Look Into The Developing Regulation Of Employer AI

    Author Photo

    Although employers' use of artificial intelligence is still limited, legislators and companies have been ramping up their efforts to regulate its use in the workplace, with employers actively contributing to the ongoing debate, say Gerald Hathaway and Marc-Joseph Gansah at Faegre Drinker.

  • In Focus At The EEOC: Advancing Equal Pay

    Author Photo

    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • 2nd Circ. Ruling Clarifies Title VII Claim Standards

    Author Photo

    The Second Circuit's recent opinion in Banks v. General Motors, although it does not break new ground legally, comes at a crucial time when courts are reevaluating standards that apply to Title VII claims of discrimination and provides many useful lessons for practitioners, says Carolyn Wheeler at Katz Banks.

  • In Focus At The EEOC: Preventing Systemic Harassment

    Author Photo

    With the U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan identifying a renewed commitment to preventing and remedying systemic harassment, employers must ensure that workplace policies address the many complex elements of this pervasive issue — including virtual harassment and workers' intersecting identities, say Ally Coll and Shea Holman at the Purple Method.

  • Cos. Must Reassess Retaliation Risk As 2nd. Circ. Lowers Bar

    Author Photo

    After a recent Second Circuit decision broadened the federal standard for workplace retaliation, employers should reinforce their nondiscrimination and complaint-handling policies to help management anticipate and monitor worker grievances that could give rise to such claims, says Thomas Eron at Bond Schoeneck.