Discrimination

  • June 26, 2024

    Mozilla Discriminated Based On Cancer Diagnosis, Exec Says

    Software company Mozilla Corp., creator of the Firefox browser, has been hit with a discrimination suit in Washington state court alleging it discriminated against its chief product officer by placing him on leave and demoting him following his cancer diagnosis, despite positive performance reviews and his successful efforts to bolster revenue.

  • June 26, 2024

    Housekeeping Co. Settles EEOC National Origin Bias Probe

    The U.S. Equal Employment Opportunity Commission announced Wednesday that it struck a deal with a housekeeping services company to put an end to an investigation into allegations that the company reprimanded workers who spoke Spanish and other languages in the workplace.

  • June 26, 2024

    LVMH Can't Yet Collect $490K Award From Former Legal Exec

    A Manhattan judge on Wednesday confirmed LVMH Moet Hennessy Louis Vuitton Inc.'s $490,000 arbitration win for a former legal executive's alleged contract violations, but declined to enforce the payment until the two sides resolve a related sexual harassment and retaliation dispute.

  • June 26, 2024

    Ex-Seattle Cancer Center Worker Settles Suit Over 'Woke' DEI

    A former clinical social worker for Seattle's Fred Hutchinson Cancer Center has agreed to drop her lawsuit accusing management of firing her for protesting diversity programming as laden with "woke" identity politics, according to a recent stipulation filed in Washington federal court.

  • June 26, 2024

    8th Circ. Won't Pause PWFA Regs During GOP States' Appeal

    The Eighth Circuit declined to block U.S. Equal Employment Opportunity Commission regulations implementing the Pregnant Workers Fairness Act while several Republican state attorneys general challenge the dismissal of their suit targeting the rule's abortion coverage.

  • June 26, 2024

    Veteran Says Starbucks Fired Him Over Parental Leave

    Starbucks retaliated against an Army veteran who took time off after the birth of his child by firing him during a Teams call, a lawsuit in Washington federal court claims.

  • June 26, 2024

    Security Co. Cuts Deal To End EEOC Disability Bias Suit

    Security company GardaWorld reached a $37,500 deal with the U.S. Equal Employment Opportunity Commission to resolve its lawsuit accusing the company of wrongly refusing to provide a deaf employee with a sign language interpreter despite the worker's multiple requests, a filing in Florida federal court said.

  • June 26, 2024

    NYC Firm Settles Ex-Receptionist's Retaliatory Firing Suit

    Donaldson & Chilliest LLP has struck a tentative settlement with a former receptionist over claims that the firm retaliated and fired her after she reported that an associate had tried to rape her.

  • June 26, 2024

    Grocer, EEOC End Suit Over Snubbed Rastafarian Applicant

    A grocery chain has agreed to pay a job hopeful $40,000 to close a U.S. Equal Employment Opportunity Commission suit alleging the company discriminated against his Spiritualist Rastafarian beliefs when it declined to hire him because he refused to cut his dreadlocks.

  • June 26, 2024

    Feds' 5th Circ. Win On Preventive Care May Imperil ACA

    The Fifth Circuit's decision to knock out a national injunction against preventive services coverage requirements under the Affordable Care Act left healthcare advocates breathing a sigh of relief, but attorneys say even more of those requirements may be on the chopping block.

  • June 26, 2024

    AT&T Strikes Deal To Exit Former Exec's Age Bias Suit

    AT&T reached a deal Wednesday to resolve a former assistant vice president's suit alleging he was fired because he's a 58-year-old white man, a filing in Georgia federal court said.

  • June 25, 2024

    Judge Says ADA Protects Gender Dysphoria In Trans Bias Suit

    A federal judge said two Arizona lawmakers can't toss a suit aiming to block a state law banning transgender girls from participating in girls' school sports, ruling gender dysphoria is protected under the Americans with Disabilities Act to keep their disability bias claims in play.

  • June 25, 2024

    6th Circ. Won't Bless More Relief For Fired FCA Worker

    A former Fiat Chrysler Automobiles employee who scored a $148,000 arbitration award on claims that he was wrongly fired for taking approved time off can't get more damages or reinstatement to the exact position he once held, the Sixth Circuit ruled.

  • June 25, 2024

    9th Circ. Won't Revive Ex-County Worker's Race Bias Suit

    The Ninth Circuit backed a Nevada county's defeat of a Black former juvenile probation officer's lawsuit claiming he was fired because he'd previously filed a discrimination suit against the county, saying Tuesday rumors and a supervisor's rude attitude weren't enough to sustain his bias allegations.

  • June 25, 2024

    EEOC Backs Fired Worker's Pregnancy Bias Suit At 4th Circ.

    The U.S. Equal Employment Opportunity Commission urged the Fourth Circuit to reinstate a hospital worker's suit claiming she was fired for requesting a reprieve from 12-hour workdays to manage her high-risk pregnancy, arguing the lower court used incorrect legal standards to toss her case.

  • June 25, 2024

    Attys Looking To States For Movement On AI Bias

    With an upcoming presidential election casting a long shadow over Capitol Hill, discrimination lawyers following the regulation of artificial intelligence in the workplace should keep a close eye on the states in the second half of 2024. Here are three things management-side lawyers say they'll be monitoring.

  • June 25, 2024

    United Strikes Deal To Exit Bias Suit Over Mask Policy

    United Airlines told a California federal court it reached a deal with a baggage handler to end his lawsuit after the Ninth Circuit determined a jury should hear his claims that the company unlawfully refused to let him wear a face shield in lieu of a mask during the COVID-19 pandemic.

  • June 25, 2024

    CEO Claims She Was Pushed Out, Told To Focus On Family

    The former chief executive officer of a petroleum distributor said in a complaint filed Monday that she was forced out of her position and replaced by a man after her mother, the board chair, told her to focus on spending time with her family.

  • June 25, 2024

    Pipefitters Union Wants Out Of Black Worker's Race Bias Suit

    A pipefitters union local asked a Pennsylvania federal judge to dismiss a member's $10 million racial bias lawsuit, saying the worker's employer, not the union, bears responsibility for any racism he experienced on the job.

  • June 25, 2024

    NJ Says Union Skipped Over Black Workers For Job Referrals

    An ironworkers union passed over workers for job assignments solely because they were Black and looked the other way when workers complained they were subjected to racist, sexist and homophobic harassment, the state of New Jersey told a state court.

  • June 25, 2024

    Co. Denies Deaf Worker's Interpreter Requests, EEOC Says

    Security company GardaWorld refused to provide a deaf employee with a sign language interpreter after it took over a Florida bank location despite the worker's multiple requests, the U.S. Equal Employment Opportunity Commission told a federal court.

  • June 25, 2024

    Wynn Casino Can't Undo Rehiring Of Worker Fired For Slur

    Wynn Resort's Encore Boston Harbor Casino has lost its effort to overturn an arbitrator's decision to reinstate and issue back pay to a call center reservation worker it fired for allegedly calling a Black colleague a racial slur.

  • June 25, 2024

    Ex-DuPont Workers' Age Bias Suit Cleared For Trial

    A Louisiana federal judge refused to grant a win to DuPont in two former employees' suit alleging they were fired because they were in their 40s and 50s, saying a jury should determine whether age bias or safety violations caused their terminations.

  • June 24, 2024

    Robust Pay Equity Clauses Grab Spotlight In $15M Snap Deal

    A $15 million settlement that Snapchat parent Snap Inc. struck with California's civil rights watchdog to resolve sex bias allegations includes cutting-edge provisions that could foreshadow future trends in pay equity laws, experts said.

  • June 24, 2024

    Split 4th Circ. Panel Reopens DEA Applicant's Retaliation Suit

    The Fourth Circuit reinstated a lawsuit Monday accusing the U.S. Drug Enforcement Administration of pulling a job offer after it learned the applicant had participated in a sexual harassment suit against the FBI, saying a trial court held the would-be special agent to too high of a standard.

Expert Analysis

  • 2 Cases Highlight NJ Cannabis Employment Law Uncertainties

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    More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Sex Harassment Arbitration Exemption: Devil Is In The Date

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    A Federal Arbitration Act amendment that exempts workplace sexual harassment claims from arbitration is muddled in ongoing confusion about its chronological reach — and as many such cases begin to run up against applicable statutes of limitations, the clock is ticking for claimants to bring their actions in court, says Abe Melamed at Signature Resolution.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Lessons Learned From 2023's Top FMLA Decisions

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    This year’s most significant Family and Medical Leave Act decisions offer lessons on the act's technical requirements, including the definition of serious health condition, compliance with notice requirements and whether it is permissible to give an employee substantial extra work upon their return from leave, says Linda Dwoskin at Dechert.

  • Artificial Intelligence Is In Need Of Regulation — But How?

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    Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • 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.