Discrimination

  • June 12, 2024

    Solar Staffing Cos. Escape Black Workers' Race Bias Suit

    Renewable energy industry staffing companies defeated a lawsuit claiming they used the pandemic as an excuse to fire dozens of Black workers, with a Texas federal judge saying the former employees couldn't overcome the companies' explanation that the workers had violated COVID-19 safety measures.

  • June 12, 2024

    Marketing Co. Can't Sink ADA Suit Over Wellness Program

    An Illinois federal judge refused to toss a proposed class action brought by marketing firm workers who allege a medical exam for the company's wellness plan violated disability bias law, saying their argument that the test wasn't genuinely voluntary was strong enough to stay in court.

  • June 11, 2024

    Seattle Port's Ex-Police Takes Wrongful Firing Case To Trial

    A former Port of Seattle police chief told a Washington state jury on Tuesday that he was wrongfully fired from his job over false claims that he retaliated against an officer, accusing the port of hiring an independent investigator to assemble a damning report in anticipation of a lawsuit over the termination.

  • June 11, 2024

    Dem Bill Would Cancel 2018 High Court Ruling On Arbitration

    House and Senate Democrats reintroduced legislation Tuesday that would do away with mandatory workplace arbitration agreements, a move they said would counteract a 2018 U.S. Supreme Court ruling that said requiring solo arbitration in worker disputes didn't violate federal labor law.

  • June 11, 2024

    Texas, Mont. Sue HHS Over ACA Trans Discrimination Rule

    Texas and Montana filed suit against the Biden administration seeking to halt its rule clarifying the application of the Affordable Care Act's nondiscrimination protections to gender identity, saying the new regulations infringe on states' autonomy and force them to violate their own laws.

  • June 11, 2024

    Raytheon Openly Prefers Younger Job Applicants, Suit Says

    Raytheon for years has violated age bias law by advertising positions explicitly meant for recent college graduates despite public statements acknowledging that the aerospace company needs thousands of additional workers, a 67-year-old job applicant alleged Tuesday in Massachusetts federal court.

  • June 11, 2024

    4th Circ. Says Md. Development Entity Immune From Bias Suit

    The Fourth Circuit on Tuesday upheld the dismissal of a lawsuit alleging a Maryland economic development corporation fired a Black employee for complaining she'd been denied opportunities because of her race and gender, saying a lower court correctly ruled that the state organization is immune from her claims.

  • June 11, 2024

    Lacrosse Coach Loses Bias Suit After Getting Cozen Booted

    A Pennsylvania federal judge tossed a lawsuit Tuesday from a high school lacrosse coach who said her contract wasn't renewed because of gender, age and disability bias, finding the school district showed that its decision stemmed from concerns about her professionalism.

  • June 11, 2024

    Stanford Says Instructor's Firing Over Gaza Class Is Legit

    Stanford University has asked a judge to dismiss a lawsuit by a Black Muslim lecturer who said he was let go after giving a controversial talk on the Gaza war, saying it didn't dismiss him because of his race, color or religion, but because he ran a bad classroom exercise.

  • June 11, 2024

    GRSM50 Adds Labor And Employment Pro In San Diego

    Gordon Rees Scully Mansukhani LLP has hired as a partner for its employment law practice an attorney with prior private practice experience who has also worked for multiple companies and a labor union during her more than 20-year career.

  • June 11, 2024

    Ariz. Builder Settles EEOC Suit Over Late Workforce Data

    A homebuilder reached a deal with the U.S. Equal Employment Opportunity Commission to end a suit claiming it failed to hand over its workforce demographic data, marking the latest settlement in a spate of recent EEOC suits challenging reporting requirement noncompliance.

  • June 11, 2024

    Ex-Papa John's Driver's Race Harassment, Pay Suit Proceeds

    A Black former pizza delivery driver for a Papa John's franchise can pursue his claims that he faced a hostile work environment and was underreimbursed for mileage, an Alabama federal judge ruled, but the judge limited the methods the worker can use to prove his allegations.

  • June 11, 2024

    Gastropub, HR Firm Strike Deal To End EEOC Harassment Suit

    The U.S. Equal Employment Opportunity Commission said Tuesday that a Honolulu gastropub and its human resources consultant have agreed to pay $115,000 to resolve a suit accusing the companies of allowing sexual harassment to run rampant in the restaurant.

  • June 10, 2024

    Weinstein Calls Accuser 'Brazen Liar' In Calif. Criminal Appeal

    Harvey Weinstein told a California appellate court that prejudicial rulings deprived him of a fair trial in the Golden State, arguing in his opening brief that the jury wrongfully heard evidence of uncharged sex assault offenses but never heard evidence that would have exposed his accuser as a "brazen liar."

  • June 10, 2024

    EEOC Says Auto Co. Got Rid Of Harassment Suit Evidence

    The U.S. Equal Employment Opportunity Commission told a Michigan federal court Monday that an automotive services company improperly deleted crucial emails, text messages and personnel records related to claims that it fired an employee after she reported that a supervisor was pressuring her for sex.

  • June 10, 2024

    9th Circ. Won't Revive Ex-City Worker's Accommodation Suit

    The Ninth Circuit declined Monday to revive an employee's suit alleging the city he worked for used an argument he had with police officers as a cover-up to fire him because he requested leave to treat a knee injury, ruling that the worker lacked proof of prejudice.

  • June 10, 2024

    6th Circ. Backs CBP Win In Black Worker's Race Bias Suit

    The Sixth Circuit on Monday refused to reinstate a lawsuit a patrol officer brought against the U.S. Customs and Border Protection Agency alleging he was demoted because he's Black, saying no new trial is needed despite the worker's argument that the lower court wrongly excluded certain evidence.

  • June 10, 2024

    Introducing Law360's Pay Disclosure Law Tracker

    A movement to tackle discriminatory pay gaps has swept the U.S. in recent years as nearly half of states have enacted bans on salary history requests while almost a dozen have issued laws that require employers to share what they're willing to pay for a position. Law360 has created an interactive, nationwide map tracking these salary history bans and pay transparency requirements.

  • June 10, 2024

    2nd Circ. Upholds Toss Of Fired Cop's Race, Sex Bias Suit

    The Second Circuit refused Monday to revive a Black police officer's lawsuit alleging a New York town fired her after she hurt her back while allowing white men to take on light work or retire, finding she was treated the same as colleagues who weren't receiving disability benefits.

  • June 10, 2024

    Jury Says School Workers Owed $950K In COVID Bias Suit

    An Oregon federal jury said six education workers should get a combined $950,000 win in their religious bias suit claiming their school district illegally placed them on indefinite unpaid leave after approving their exemptions to its COVID-19 vaccination mandate.

  • June 10, 2024

    W.Va. Anti-Trans Sports Suit Stayed Amid High Court Bid

    A West Virginia federal judge has temporarily paused a lawsuit from a transgender minor challenging a state law that prohibits biological males from joining girls' teams, arguing it is not in the best interest of taxpayers to proceed while the U.S. Supreme Court weighs whether to take up the case.

  • June 10, 2024

    5th Circ. Upends Dallas School District Win In Age Bias Suit

    The Fifth Circuit reinstated a lawsuit from a Dallas school district worker who said she was passed over for promotions and fired because she was in her mid-50s, saying a trial court held her to too high a standard when it threw out her lawsuit.

  • June 10, 2024

    Cozen O'Connor Booted From Pa. Equal Pay Case

    Cozen O'Connor has been booted off a Pennsylvania school district's equal-pay lawsuit that was being overseen by a judge with personal ties to the firm, according to an order the judge issued Monday.

  • June 10, 2024

    FordHarrison Makes Associate Hires Across 5 Offices

    FordHarrison LLP announced that it made associate hires across five of the employment law firm's office locations including Los Angeles and Washington, D.C.

  • June 10, 2024

    Duane Morris Rehires Employment Partner From Cooley

    A labor and employment attorney who spent nearly two decades at Duane Morris LLP has rejoined the firm after working at Cooley LLP the past few years.

Expert Analysis

  • 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.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.