Discrimination

  • June 24, 2024

    IT Co. Settles Fired Worker's Anxiety Leave Retaliation Suit

    An information technology company has agreed to settle a former worker's suit claiming the company pushed him out of a job after he took medical leave to treat his anxiety that developed from working 16-hour days, according to a Florida federal court filing.

  • June 24, 2024

    GOP States Can't Freeze PWFA Regs During 8th Circ. Appeal

    A coalition of Republican attorneys general can't pause implementation of the U.S. Equal Employment Opportunity Commission's fresh Pregnant Workers Fairness Act regulations while they appeal the dismissal of their suit, an Arkansas federal judge ruled, saying the states hadn't presented any new arguments to justify the respite.

  • June 24, 2024

    Justices To Assess Reach Of ADA To Ex-Workers' Benefit Suits

    The U.S. Supreme Court on Monday accepted a retired Florida firefighter's request that it decide whether former employees can lodge discrimination suits under the Americans with Disabilities Act related to post-employment benefits.

  • June 21, 2024

    United Workers Nab Partial Class Status In Vax Bias Suit

    A Texas federal judge awarded class certification Friday to a group of workers who claimed United Airlines illegally placed employees on unpaid leave for refusing its COVID-19 vaccine mandate for religious reasons, after slimming down their originally requested class definitions.

  • June 21, 2024

    FDIC Creates Offices To Investigate Workplace Misconduct

    The Federal Deposit Insurance Corp.'s board of directors on Friday approved the creation of two new independent offices to investigate complaints of sexual harassment, discrimination and other misconduct within the agency, which was accused of fostering a toxic workplace culture.

  • June 21, 2024

    EEOC Says PWFA Regs Should Stay Amid GOP States' Appeal

    The U.S. Equal Employment Opportunity Commission urged an Arkansas federal court Friday not to halt the agency's rule implementing the Pregnant Workers Fairness Act while a group of Republican state attorneys general challenge their suit's dismissal, saying the states are rehashing arguments the court previously rejected.

  • June 21, 2024

    11th Circ. Backs Fla. Agency Win In Ex-Warden's FMLA Suit

    The Eleventh Circuit refused Friday to reinstate a former warden's lawsuit accusing the Florida Department of Corrections of transferring and demoting her because she was nearing 60 and took six months of leave, saying she failed to connect the dots to show the agency was motivated by bias.

  • June 21, 2024

    IBM Fires Bosses For Missed Diversity Quotas, Missouri Says

    Missouri hit IBM with a lawsuit in state court accusing the global technology company of implementing illegal diversity quotas to increase the number of Black, Hispanic and female employees in its workforce, claiming that executives who failed to reach diversity goals lost out on bonus pay and even their jobs.

  • June 21, 2024

    Former CEO Wins Unpaid Benefits Suit Against Credit Union

    A Connecticut federal judge granted a win to a former CEO claiming a credit union refused to fully pay out his retirement benefits after he was abruptly fired over his Parkinson's disease diagnosis, saying he put forward enough detail to connect his termination with his disability.

  • June 21, 2024

    NY Forecast: 2nd Circ. Weighs Construction Workers' OT Suit

    This week, the Second Circuit will consider a group of construction workers' attempt to revive a proposed class and collective action claiming a group of construction companies failed to pay them overtime required under state and federal law. Here, Law360 explores this and other cases on the docket in New York.

  • June 21, 2024

    Ex-GM Workers Can't Prove Anti-White Bias

    A Michigan appeals court rejected efforts from two former General Motors workers to revive claims that they were fired because they are white, ruling that they fundamentally misunderstood the law and failed to rebut GM's argument that their persistent use of coarse language led to the firings.

  • June 21, 2024

    Barber Sanctioned For Lost Security Footage In Gay Bias Suit

    A Brooklyn barbershop failed to hold onto security tape footage that a bisexual former employee claimed would substantiate allegations the barbershop owner inappropriately touched and groped the worker, a New York federal judge said, finding the owner intended to keep the evidence from the worker.

  • June 21, 2024

    5th Circ. Knocks Out National Block On ACA Preventive Care

    The Fifth Circuit on Friday struck down a national injunction against Affordable Care Act requirements forcing insurers to cover a range of preventive treatments, but kept a block in place that prevents its application to the individuals and businesses in Texas that sued.

  • June 21, 2024

    Calif. Forecast: Concentra Fights Cert. Of 350K Job Seekers

    In the coming week, attorneys should keep an eye out for potential class certification and expert disqualification in a suit against Concentra regarding medical inquiries for job applicants. Here's a look at that case and other labor and employment matters on deck in California.

  • June 21, 2024

    4 EEOC Cases Attorneys Should Watch In 2024's 2nd Half

    The U.S. Equal Employment Opportunity Commission's current docket includes several harassment cases alleging managers not only failed to stop misconduct but joined in on it, and experts say these suits may indicate that higher-ups' misbehavior is a focus area for the workplace bias watchdog. Here, Law360 takes a look at four lawsuits filed by the EEOC that discrimination attorneys should keep an eye on in the latter half of this year.

  • June 21, 2024

    DOD Can't Escape LGBTQ Veterans' Discharge Bias Suit

    A California federal judge denied the U.S. Department of Defense's bid to toss a suit alleging veterans discharged under the military's former "don't ask, don't tell" ban on LGBTQ service members continue to face discrimination, finding they put forward enough proof of bias for their claims to survive dismissal.

  • June 21, 2024

    Logistics Co. Says EEOC Didn't Properly Serve It

    A supply chain consulting firm urged a Tennessee federal court to toss a suit that the U.S. Equal Employment Opportunity Commission launched accusing it and a staffing company of subjecting female employees to sexual harassment, saying the agency failed to jump through all the hurdles before filing the suit.

  • June 21, 2024

    AAA, Worker End Sex Bias Suit After Missed Eclipse Day Depo

    AAA and a former insurance agent told a Florida federal court Friday that they've settled the ex-employee's gender discrimination lawsuit amid a fight over how much his attorney owes the organization for missing a deposition because he was traveling to see April's solar eclipse.

  • June 21, 2024

    Ex-CFO Ends Bias Suit Against Anderson Kill In New York

    A disability discrimination lawsuit filed in New York federal court against insurance recovery law firm Anderson Kill PC by its former chief financial officer has been voluntarily dismissed per a stipulated order submitted by the litigation parties.

  • June 21, 2024

    NY Paid Lactation Break Law Brings Protection, Confusion

    New York state now requires employers to provide paid lactation breaks, representing another boon to equal pay efforts, but questions remain regarding the specifics of compliance and enforcement, attorneys say.

  • June 20, 2024

    Logistics Cos. Face Skilled Worker Visa Misuse Class Action

    A pair of logistics companies in the United States face a proposed worker class action alleging they misled prospective employees in Mexico about purported engineering roles that, in reality, were menial labor.

  • June 20, 2024

    NC Agency Hit With Race Bias Suit Over $17.8M Project

    The North Carolina Department of Transportation and one of its contractors subjected Black employees of a subcontractor to "flagrant racial discrimination," according to a federal lawsuit filed Wednesday.

  • June 20, 2024

    NY State Rep. Fired Adviser Before Amputation, Suit Says

    A senior adviser for a New York state assembly member hit his former boss with a disability bias suit in state court, claiming he was fired days before undergoing a diabetes-induced amputation that ultimately cost him half of his leg, so that the state could avoid handing him medical leave.

  • June 20, 2024

    Staffing Co. To Pay $558K To End DOJ Immigrant Bias Probe

    The U.S. Department of Justice announced Thursday that a staffing firm will pay nearly $558,000 to end an investigation into its hiring practices that found it deterred non-U.S. citizens with permission to work in the country from applying for open job opportunities.

  • June 20, 2024

    DLA Piper Accused Of Evading Order In Pregnancy Bias Case

    DLA Piper continues to evade a court directive to turn certain documents over to a former attorney with the firm who has filed a pregnancy bias suit, a lawyer representing the former employee has told a New York federal magistrate judge.

Expert Analysis

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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • 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.