Discrimination

  • 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.

  • July 01, 2024

    Opera Singer Says Anti-Gay Bias Behind U. Of Michigan Firing

    An opera singer said he was improperly canned from his tenured professorship by the University of Michigan in 2020 after allegations surfaced that he and his husband raped a musician a decade earlier, arguing that he faced harsher punishments and biased proceedings because he is gay.

  • July 01, 2024

    AbbVie Hit With Age, Gender Bias Suit By Former Salesman

    AbbVie Inc. fired a regional sales director as a pretext to avoid paying him for stock options and because of retaliatory complaints by two women who had received poor performance reviews, according to a suit filed in Massachusetts state court.

  • 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.

Expert Analysis

  • Handling Neurodivergence As The Basis Of Disability Claims

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    Three recent discrimination claims in Rhode Island and New Jersey show how allegations of adverse treatment of neurodivergent individuals will continue to be tested in court, so employers should create an environment that welcomes the disclosure of such conditions, says Ting Cheung at Sanford Heisler.

  • Employers Should Take Surgeon's Sex Bias Suit As A Warning

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    A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Generative AI Adds Risk To Employee 'Self-Help' Discovery

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    Plaintiffs have long engaged in their own evidence gathering for claims against current or former employers, but as more companies implement generative AI tools, both the potential scope and the potential risks of such "self-help" discovery are rising quickly, says Nick Peterson at Wiley.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Employer Pointers As Wage And Hour AI Risks Emerge

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    Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.

  • Race Bias Defense Considerations After 11th Circ. Ruling

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    In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.

  • 6 Ways To Minimize Risk, Remain Respectful During Layoffs

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    With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.

  • NYC Workplace AI Regulation Has Been Largely Insignificant

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    Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

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    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

  • In Focus At The EEOC: Protecting Vulnerable Workers

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    It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.