Discrimination

  • March 01, 2024

    Tesla Judge Sees 'Range Of Options' In Factory Race Bias Suit

    A California state judge who previously indicated she's prepared to certify a 6,000-member class of Black Tesla workers alleging the company allowed racist language and graffiti at a California factory cautioned Friday that she's still "exploring a range of options" on how to best adjudicate the case.

  • March 01, 2024

    2nd Circ. Won't Revive Ex-Barclays Exec's Whistleblower Suit

    The Second Circuit on Friday affirmed a lower court's decision to toss a whistleblower suit from a former Barclays executive, finding that he didn't sufficiently back up his allegations of retaliation under the Sarbanes-Oxley Act.

  • March 01, 2024

    Aetna Can't Escape Fertility Bias Suit From Same-Sex Couple

    A California federal judge has declined to toss a woman's case challenging Aetna's fertility treatment coverage as discriminatory, finding at this stage, she has sufficiently argued that the policy discriminates against LGBTQ couples in violation of the Affordable Care Act.

  • March 01, 2024

    Diddy Accuser Can't Continue Anonymously, NY Judge Rules

    A woman who anonymously sued Sean "Diddy" Combs must reveal her identity as she continues to litigate her claims that the rapper and his record label's longtime president trafficked and raped her when she was a teenager, a New York federal judge has ruled.

  • March 01, 2024

    White, Male Writer Says CBS Uses Illegal Diversity Quotas

    CBS Studios Inc. enacted discriminatory diversity quotas that kept white, straight men out of its writers rooms, according to a suit filed in California federal court by a freelance writer who said he was denied job opportunities on a network show due to his identity.

  • March 01, 2024

    11th Circ. Backs Ala. Agency's Win In Worker's Colorism Suit

    The Eleventh Circuit declined Friday to reinstate a lawsuit from an Alabama state housing agency worker who said her lighter-skinned Black supervisors gave her grief for having dark skin, saying she failed to overcome the agency's argument that she was let go for poor performance.

  • March 01, 2024

    GOP Probes EEOC's Approach To Diversity Programs

    The U.S. Equal Employment Opportunity Commission must explain how it is responding to allegations of race discrimination in company diversity programs, House Republicans told the agency in a letter Friday.

  • March 01, 2024

    Calif. Forecast: State Justices To Hear 'Intentionality' Args

    In the coming week, attorneys should watch for oral arguments at the California Supreme Court in a case dealing with the standard for penalties for "knowing and intentional" wage statement violations. Here's a look at that case and other labor and employment matters coming up in California.

  • March 01, 2024

    Booz Allen Says Ex-Employee Can't Tie Firing To Sex

    A former Booz Allen Hamilton worker pursuing a sex discrimination and retaliation suit failed to demonstrate how she would have been differently treated if she were male, the defense contractor and management consulting firm argued in urging a Virginia federal court to toss the case.

  • March 01, 2024

    Dollar General Resolves Black Ex-Worker's Retaliation Suit

    Dollar General settled a Black former worker's lawsuit alleging she was unlawfully fired not long after she complained about race discrimination to the U.S. Equal Employment Opportunity Commission, according to a filing in Mississippi federal court Friday.

  • March 01, 2024

    Kent State, Transgender Prof. Eye Early Wins In Bias Suit

    The three defendants in a transgender professor's suit accusing Kent State University and two university officials of discrimination and retaliation in the revocation of a promotion, as well as the professor, have all asked an Ohio federal court to grant early wins in the case. 

  • March 01, 2024

    Fired Boston Top Cop Says 'Destroyed Reputation' Merits Trial

    A Boston police commissioner fired after decades-old allegations of domestic abuse surfaced told a federal judge he is entitled to his day in court for his defamation suit, saying the city's former mayor "destroyed" his reputation in the press.

  • March 01, 2024

    Golf Club Settles Claims Trump Atty Illegally Pushed NDA

    A Trump Organization golf club has settled a former server's claims that she was illegally induced to sign a nondisclosure agreement by one of Donald Trump's lawyers, Alina Habba, reopening the door for the ex-employee to pursue claims that she was sexually harassed on the job.

  • March 01, 2024

    USPS Says Ex-Carrier's Suit Fails Updated Religious Bias Test

    The U.S. Postal Service urged a Pennsylvania federal court to toss a former mail carrier's religious discrimination suit following its trip to the U.S. Supreme Court, arguing his request to skip Sunday work caused an excessive burden on the agency under the high court's clarified standard.

  • March 01, 2024

    Bombardier Age Bias Collective Action Shut Down

    A Kansas federal judge decertified Friday a collective action that alleged Bombardier Inc. targeted older workers for termination to create a more youthful workforce, ruling the ex-workers didn't show any discriminatory company policy.

  • March 01, 2024

    GRSM50 Adds Employment Pro In San Diego From Solo Shop

    Gordon Rees Scully Mansukhani LLP, now known as GRSM50, is bolstering its employment team, bringing in a trial attorney, with his own firm, adept at class actions, as a partner in its San Diego office.

  • February 29, 2024

    MoMA Says Assaults 'Unfortunate,' But Not Museum's Fault

    The Museum of Modern Art has asked a New York state court to toss a suit claiming that it failed to protect nude performers in an art exhibition from sexual assault, arguing that, while the incidents are regrettable, the facts of the case don't give rise to legal action. 

  • February 29, 2024

    Black Detective Costume Not Protected Speech, Kraft Says

    A white manager who was fired by Kraft Heinz for wearing blackface as part of a Halloween costume in which he dressed as a character from the television show "Miami Vice" doesn't have a viable retaliation suit because his costume wasn't protected speech, the company told a Connecticut federal court.

  • February 29, 2024

    Amusement Park Reaches Deal To End EEOC's Age Bias Suit

    An amusement park agreed to pay $50,000 to wrap up a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of violating federal age discrimination law by refusing to offer housing to older seasonal workers, according to a motion filed Thursday in Ohio federal court.

  • February 29, 2024

    Black Ex-Davis Polk Atty To Appeal Loss In Retaliation Suit

    A Black former associate at Davis Polk & Wardwell LLP will appeal a jury's finding that the firm and two other defendants didn't retaliate against him after he raised concerns about racial bias and diversity.

  • February 29, 2024

    Architect Of Capitol Ex-Execs Must Merge Discrimination Suits

    A D.C. federal judge on Thursday directed four top executives ousted from the Architect of the Capitol to combine their separate employment discrimination lawsuits against the federal agency.

  • February 29, 2024

    Cleveland Defeats Firefighter's Bias Suit Over Beard Policy

    The City of Cleveland escaped a firefighter's suit alleging he was forced into retirement when he refused to shave his beard because of a skin condition affecting Black men, with an Ohio federal judge finding the city's clean-shaven policy was in line with federal firefighting equipment regulations.

  • February 29, 2024

    Steel Co. Ends Paternity Leave Bias Suit In $200K Deal

    A steel manufacturer has agreed to hand over about $200,000 to end a sex discrimination suit alleging the company gave paid parental leave only to mothers and not fathers, according to a Thursday order from a Michigan federal judge giving the deal the final green light.

  • February 29, 2024

    Law Firm Recruited Objectors To Tank Vax Deal, Class Says

    Indianapolis-based law firm Kroger Gardis & Regas LLP is trying to unravel a settlement with Ascension Health Alliance because the firm wants to pursue its own class litigation, hospital staff told the Sixth Circuit in a brief filed Wednesday.

  • February 29, 2024

    Mercedes-Benz Pays $439K For FMLA Violations

    Mercedes-Benz paid nearly $439,000 for firing two employees who requested to take protected leave under the Family and Medical Leave Act, the U.S. Department of Labor announced Thursday.

Expert Analysis

  • 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.

  • 4 Steps To Navigating Employee Dementia With Care

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    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Compliance Tips For Employers Facing An Aggressive EEOC

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    This year, the combination of an aggressive U.S. Equal Employment Opportunity Commission, a renewed focus on large-scale recruiting and hiring claims, and the injection of the complicated landscape of AI in the workplace means employers should be prepared to defend, among other things, their use of technology during the hiring process, say attorneys at Seyfarth Shaw.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • EEO-1 Ruling May Affect Other Gov't Agency Disclosures

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    By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • In Focus At The EEOC: Preserving Legal System Access

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    The track records of and public commentary from U.S. Equal Employment Opportunity Commission leaders — including two recently confirmed Democratic appointees — can provide insight into how the agency may approach access to justice priorities, as identified in its latest strategic enforcement plan, says Aniko Schwarcz at Cohen Milstein.