Discrimination

  • 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.

  • June 06, 2024

    Workers Ask NLRB To Reverse Whole Foods BLM Case Ruling

    Wearing Black Lives Matter apparel at Whole Foods is protected under federal labor law, a group of workers argued to the National Labor Relations Board, saying employees wore BLM masks and attire on the job to push the company to confront racial bias in the workplace.

  • June 06, 2024

    Ex-Globetrotters Player Says GM Sexually Harassed Her

    The general manager of the Harlem Globetrotters declined to renew a female player's contract after she rejected his romantic advances, and covered up the scheme by blaming the nonrenewal on her inability to learn a basketball maneuver, according to a Georgia federal court suit.

  • June 06, 2024

    Troutman Pepper Partner Pulled Into Ex-Associate's Bias Suit

    A Troutman Pepper Hamilton Sanders LLP partner has been added as a defendant in a racial discrimination lawsuit a former Black associate filed, who now claims the partner, a formerly supportive mentor, made the decision to fire her after she complained about an email the associate described as racist.

  • June 06, 2024

    Teachers Want Cozen O'Connor Kicked Off Equal-Pay Case

    Rather than having a Pennsylvania federal judge who has presided over their equal-pay case for years recuse himself over having a son-in-law who's a shareholder at Cozen O'Connor, a class of female teachers asked the court to kick Cozen O'Connor PC off the case Thursday.

  • June 06, 2024

    Tastykake Co. Can't Duck Bias Suit Over Prayer Breaks

    The maker of Tastykake snacks can't escape the bulk of a Black, Muslim ex-worker's suit claiming it unfairly docked time from him for taking prayer breaks, a Pennsylvania federal judge ruled, finding the suit could stay in court even though it read as a "disjointed laundry list" of grievances.

  • June 06, 2024

    Trucking Co. Settles EEOC Race, Religious Bias Suit

    A trucking and logistics company will pay $65,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it denied a worker's request to rest on the Sabbath and ignored his complaints that his colleagues harassed him, according to an Ohio federal court filing Thursday.

  • June 05, 2024

    Ex-Meta Engineer Says He Was Fired For Flagging Gaza Issue

    A Palestinian American software engineer at Meta Platforms Inc. said his former employer has a "chronic anti-Palestinian bias," and he was fired in the midst of trying to address the company's problems with needlessly censoring Palestinian social media posts, according to a suit filed in California state court.

  • June 05, 2024

    Union Asks NY Court To Toss Musicians' Representation Row

    An American Federation of Musicians local urged a New York federal court Wednesday to dismiss duty of fair representation claims from two orchestra musicians, arguing that the plaintiffs didn't raise allegations of "any plausible violation" of an arbitration award reinstating the duo.

  • June 05, 2024

    Catholic Broadcasters Angry Over FCC 'Gender Ideology' Rule

    The Catholic Radio Association is up in arms over the Federal Communications Commission's new workforce diversity reporting mandates that will require broadcasters to report how many nonbinary people they employ, telling the agency they're being forced to record something that "does not comport to reality."

  • June 05, 2024

    Kanye West Faces Sex Harassment Suit By Ex-Assistant

    Kanye West repeatedly sexually harassed a woman who worked as his assistant by sending her inappropriate and profane texts and forcing her to watch him masturbate, according to a lawsuit filed in Los Angeles County Superior Court against the rapper and some of his companies. 

  • June 05, 2024

    Medical Clinic Must Face Patients' Record-Snooping Suit

    An Indiana appeals court on Wednesday reinstated claims against a medical clinic that employed a physician who improperly accessed the medical records of female patients for personal reasons, saying whether the doctor was acting within the scope of his employment is an issue still up for debate.

  • June 05, 2024

    Fired Team Doctor Sues Emory, Falcons For Discrimination

    A former head medical physician for the NFL's Atlanta Falcons, who is Black, has filed a defamation and civil rights lawsuit against Emory Healthcare Inc. and the team, alleging he was continuously denied leadership opportunities in favor of white colleagues before abruptly being fired.

Expert Analysis

  • 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.

  • 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.