Proposed regulations implementing the Pregnant Workers Fairness Act drew more than 100,000 comments after being submitted in August, and the Dec. 29 deadline for the U.S. Equal Employment Opportunity Commission to issue a final rule is approaching fast. Here, worker-side lawyers and advocates tell Law360 what they want to see in the final version.
The U.S. Supreme Court is scrutinizing an appellate standard that blocks employment discrimination claims over workplace decisions deemed insignificant, and experts said Wednesday's hearing on this legal test offered clues about what is down the pike for employers. Here, Law360 looks at four takeaways from the proceedings.
The U.S. Supreme Court seemed ready Wednesday to widen anti-discrimination protections for workers, as several justices expressed skepticism of a court-created requirement that employees show they faced a specific level of harm to bring a bias case.
A California state judge on Friday certified a class of at least 8,900 women who say The Walt Disney Co. paid them less than their male colleagues, rejecting Disney's argument that the women failed to adequately identify "substantially similar" jobs performed by the men and women.
Fox News has urged a D.C. federal judge to toss a wrongful termination suit by a former producer who says he was axed over his political affiliation stemming from his opposition to former President Donald Trump, saying his claims only outline a disagreement over news coverage priorities.
A split Second Circuit panel on Friday breathed new life into a suit claiming a technology firm's policy against hiring former felons discriminates against Black workers, ruling a trial court erred when it refused to let Black applicants leading the case include statistics uncovered after a previous appeal.
The damages phase of a surgeon's gender discrimination case against Thomas Jefferson University Hospital has been extended to Monday after the hospital claimed the doctor produced a surprise punitive damages claim at the same time its lead counsel had to abruptly seek medical care Friday morning.
Four Arkansas youths with gender dysphoria and their parents have urged the Eighth Circuit to affirm their access to gender-affirming medical care, arguing that the lower court correctly found Arkansas' new law banning the treatment for transgender youth to be unconstitutional.
A New York federal judge tossed out a suit Friday that alleged the publisher behind Us Weekly subjected a former commerce writer to sexist treatment and fired her for raising complaints that her attention-deficit/hyperactivity disorder wasn't being accommodated, agreeing with a magistrate judge's finding that she abandoned her suit.
Western & Southern Financial Group Inc. allegedly fired a 73-year-old insurance sales representative based on trumped-up misconduct allegations in order to get out of paying her the more than $1 million she had earned from a company retention incentive program upon her retirement, a new suit says.
A California federal judge cut a supervisor free from a former driver's suit alleging her transportation company mistreated and eventually fired her because of her older age and diabetes, ruling that the driver didn't show the discipline she faced for paperwork mistakes was harassment.
This week, the Second Circuit will consider a former Federal Aviation Administration employee's lawsuit claiming he was retaliated against for a race discrimination suit he filed against the agency. Here, Law360 explores this and other major labor and employment cases on the docket in New York.
In the coming week, attorneys should watch for a potential judgment on the pleadings in a proposed wage and hour class action against United Airlines Inc. Here's a look at that case and other labor and employment matters coming up in California.
An Illinois federal jury said Springfield, Illinois, should pay a white former budget employee $100,000 for promoting a Black worker over her and then disciplining her when she complained, just over a year after the Seventh Circuit revived the suit because of the city's conflicting explanations.
State and city lawmakers are expected to keep passing increased worker protections in the coming year, including expanded leave laws, salary history bans and minimum pay standards for app-based workers — signaling a sustained shift in workplace norms, attorneys said. Here, Law360 explores the legislative trends that employment law practitioners should watch out for in 2024.
Creating arrest quotas and allegedly disciplining police who wouldn't comply doesn't bar Whittier, California, from insurance coverage of a $3 million settlement with officers, because such conduct wasn't willfully harmful, a California state appeals panel found, addressing the interplay between retaliation protection and insurance codes for the first time.
The Third Circuit declined Thursday to reverse an order refusing to throw out a lawsuit a former employee lodged against an insurance company alleging he was fired for taking time off to undergo heart surgery, saying it's too early to know if the case belongs in arbitration.
A Florida steakhouse will pay just over $7,000 to resolve allegations that it wrongfully fired an employee after not accepting valid documentation of his status as a lawful permanent resident, federal prosecutors said Thursday.
The Third Circuit backed the U.S. Department of Veterans Affairs' defeat of a patient safety manager's suit claiming she was held to higher standards than colleagues because she's a woman in her 60s, ruling Thursday she failed to show the agency's actions were marred by bias.
An attorney for a proposed class of drivers alleging Uber's ratings system is racially biased told the Ninth Circuit on Thursday that the lower court kept "moving the goalpost" through multiple amended complaints while requiring evidence not required at the pleading stage.
A former security head for Twitter sued its successor, X Corp., and CEO Elon Musk on Wednesday in New Jersey federal court, saying he was fired for protesting massive budget cuts that impacted Twitter's ability to comply with privacy laws.
The Fourth Circuit on Thursday seemed dubious of undoing a multimillion-dollar jury verdict finding that a white executive was unlawfully fired as part of a North Carolina hospital's diversity, equity and inclusion plan, with one judge stating almost as soon as arguments began that the hospital had a "fairly steep hurdle to climb."
A state appeals court revived a former University of Massachusetts Amherst soccer coach's suit claiming he was fired because he was 51 years old, ruling Thursday that jurors could find the school's stated issues with his coaching style and the team's record were cover for discrimination.
A civilian who was charged with the management of lodging services at a U.S. Air Force base was denied access to paid safety leave during the COVID-19 pandemic, he told an Arizona federal court.
A spiritual care resident was fired from a North Carolina hospital mere hours after he complained that colleagues harassed him for being gay and called his sexuality a sin, according to his civil rights lawsuit filed in North Carolina federal court Thursday.
The Sixth Circuit seemed unsure during oral arguments Thursday about whether an Airgas USA LLC technician was unlawfully fired for having cancer after a drug test indicated he had a form of THC in his system, with the three-judge panel coming down hard on both sides' counsel.
Pillsbury Winthrop Shaw Pittman LLP has settled all claims brought by a former paralegal who alleged he was fired after requesting to work from home, according to a joint letter submitted by the parties following a court-mandated mediation.
The Second Circuit seemed unlikely Thursday to reopen a nurse's suit claiming a New York hospital refused to give him adequate protection against COVID-19, with judges expressing doubt that his fear of reinfection was enough to demonstrate that he was disabled under federal law.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.