Discrimination

  • January 13, 2025

    Smith Gambrell Faces DQ Bid In Major Lindsey Suit

    A former Major Lindsey & Africa employee with a lengthy legal history with the recruiter is seeking to disqualify Smith Gambrell from representing Major Lindsey in her $75 million federal defamation suit, arguing three attorneys are key witnesses to help determine liability.

  • January 10, 2025

    Up Next At High Court: Porn ID Check & Retiree Discrimination

    The U.S. Supreme Court will return to the bench Monday for a full argument session, in which the justices will debate whether a Texas law requiring pornography websites to verify their visitors aren't minors violates the First Amendment and if retirees have the right to sue former employers for benefits discrimination. 

  • January 10, 2025

    Blue State AGs Urge Walmart To Reinstate DEI Initiatives

    A group of Democratic state attorneys general sent a letter to Walmart CEO Doug McMillon on Thursday urging the retail giant to reconsider scrapping diversity, equity and inclusion initiatives, saying such programs "are not just good policy, but in many cases are necessary to comply with the law."

  • January 10, 2025

    Health Co. Wants To Quit Nicotine Surcharge Suit

    Nonprofit health system Advocate Aurora Health is urging an Illinois federal judge to permanently toss former employees' lawsuit targeting an allegedly illegal tobacco-use surcharge in its health plan, arguing that after three tries they still have failed to bring a viable claim.

  • January 10, 2025

    NJ Says Existing Anti-Discrimination Law Applies To Using AI

    New Jersey's attorney general issued guidance clarifying that the Garden State's discrimination law applies to "algorithmic discrimination," or discrimination and bias-based harassment stemming from the use of artificial intelligence and other similar technologies.

  • January 10, 2025

    Ex-Accenture Worker Fights To Keep Harassment Suit Alive

    A former management consulting analyst for Accenture LLP who sued the company over its handling of sexual harassment complaints against a supervisor asked a Georgia federal judge Thursday to ignore a magistrate judge's position that adding "meritless" disability claims to the suit would be a pointless exercise.

  • January 10, 2025

    6th Circ. Revives Physical Therapist's Miscarriage ADA Suit

    The Sixth Circuit revived a physical therapist's suit Friday claiming an Ohio medical center wouldn't let her transfer to a new role after raising concerns that her current job triggered panic attacks following a miscarriage, ruling the lower court failed to correctly probe whether she had a disability.

  • January 10, 2025

    3rd Circ. Won't Revive Ex-US Steel Worker's Race Bias Suit

    The Third Circuit upheld U.S. Steel's win over a Black former train operator's lawsuit claiming he was fired after he was erroneously blamed for a 2015 derailment, ruling Friday he'd failed to show his race cost him the job rather than his lengthy disciplinary record.

  • January 10, 2025

    Minn. Worker Says Honeywell Nixed Job Offer Over Drug Test

    A Minnesota man is suing Honeywell International Inc., saying that the company violated state cannabis and disability law when it rescinded an offer of employment after he tested positive for cannabis use despite being on the state's Medical Cannabis Registry.

  • January 10, 2025

    High Court To Weigh Long-Standing Split On ADA's Scope

    The U.S. Supreme Court will hear arguments Monday about whether retirees with disabilities can pursue Americans with Disabilities Act claims over post-employment benefits, in a case that gives the justices a chance to clear up a question that lower courts have grappled with for decades.

  • January 10, 2025

    Fired Athletics Exec Slaps USC With Intersectional Bias Suit

    The University of Southern California fired a high-ranking Black woman from its athletics department after she complained that her boss made frequent racist and sexist remarks, according to a suit filed in state court that invokes California's new intersectionality bias law.

  • January 10, 2025

    2nd Circ. Yanks Prior Ruling, Revives Pfizer Race Bias Suit

    The Second Circuit reopened an advocacy group's lawsuit Friday claiming a Pfizer Inc. fellowship program unlawfully excluded white and Asian applicants, upending a March panel decision that said the group failed to pinpoint who was harmed.

  • January 10, 2025

    Law School Admissions Council Sued For Bias By DEI Staffer

    A Black woman and former manager of the Law School Admission Council's diversity initiatives on Friday sued the nonprofit, claiming she was passed over for promotion because she complained about alleged discrimination by one of her supervisors.

  • January 10, 2025

    MLB Can't Pause Discovery In Umpires' Harassment Suit

    Major League Baseball can't pause a lawsuit alleging it allowed two minor league umpires to be sexually harassed by a female colleague, a New York federal judge ruled, saying MLB hadn't shown it was necessary to halt discovery while he considered a bid to trim the case.

  • January 10, 2025

    Calif. Forecast: 9th Circ. To Weigh Cal State 'Caste' Policy

    In the next week, attorneys should watch for Ninth Circuit oral arguments regarding whether a "caste" policy at the California State University system unlawfully targets Hindu employees and others. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • January 09, 2025

    Amazon HR App Puts Workers In 'Disability Limbo,' Suit Says

    An Amazon worker has hit the company with a proposed class action in Washington federal court, saying the e-commerce giant's human resources A to Z app illegally denies disability accommodations and puts workers in "disability limbo."

  • January 09, 2025

    ​​​​​​​Challenging Religious Beliefs Early In Vax Suits May Be Futile

    A ruling from the Fourth Circuit reviving a religious bias suit by a Christian pediatric nurse who was fired after refusing the COVID-19 vaccine demonstrates the ineffectiveness of questioning an employee's religious beliefs at early stages of litigation, experts said.

  • January 09, 2025

    Biden's Title IX Gender Identity Rule Struck By Ky. Judge

    A Kentucky federal judge on Thursday struck down the Biden administration's expansion of Title IX to include gender identity, saying the rule "impermissibly redefines discrimination on the basis of sex" in excess of U.S. Department of Education authority.

  • January 09, 2025

    Christian Group Seeks Injunction On EEOC Abortion Regs

    A Christian education foundation asked a Missouri federal judge to press pause on U.S. Equal Employment Opportunity regulations that require employers to provide accommodations for abortions, stating it would face irreparable harm if it is forced to shirk its religious principles by following the rule.

  • January 09, 2025

    Philly Principal Files Bias Suit Over Diploma Incident

    The former principal of the Philadelphia High School for Girls has sued the school district, claiming her removal from the job over her refusal to hand out diplomas to students who disrupted a graduation ceremony was discriminatory, saying her Black predecessors were allowed to do the same thing without consequence.

  • January 09, 2025

    DraftKings Says Fired Worker 'Has No Legal Path' Forward

    DraftKings asked a Massachusetts federal judge on Thursday to throw out a former engineer's lawsuit claiming that he was fired in retaliation for seeking paid parental leave, saying the claims have no legal basis.

  • January 09, 2025

    Worker's Atty Fees Upheld In Settled Calif. Harassment Suit

    A California state appeals court upheld a $493,600 attorney fees award handed to a freight trucking company worker whose sexual harassment case made it to the state's highest court, finding her former boss failed to show she didn't deserve the sum as the suit's prevailing party.

  • January 09, 2025

    Ex-Steel Co. Worker Who Won $3 Wants Age Bias Redo

    A fired steel company human resources worker who was awarded $3 for his age discrimination claims told a Michigan federal judge Wednesday he should get a new trial on damages because evidence presented to jurors shows he is owed far more in lost pay.

  • January 09, 2025

    Arkansas Justices At Odds Over Chief's Bid To Revive Firings

    Members of the Arkansas Supreme Court are at an impasse over the chief justice's attempt to fire 10 state court employees after her fellow justices blocked the move, with her issuing an order to vacate their ruling and them saying her order is a mere dissent with no effect.

  • January 09, 2025

    Walmart Escapes Fired Worker's Pregnancy Bias Suit

    A California federal judge tossed a Walmart associate's suit claiming she was fired after requesting working accommodations for her pregnancy, saying she couldn't overcome the retail behemoth's position that she was terminated to address the store's ballooning headcount as workers returned from COVID-19 leave.

Expert Analysis

  • 5 Employer Defenses To Military Status Discrimination Claims

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    A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.

  • Justices Mull Sex-Based Classification In Trans Law Case

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    After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth

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    A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.

  • Advising Employers As AI Meets DEI And Discrimination

    Excerpt from Practical Guidance
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    Though companies can use artificial intelligence tools to develop more diverse and inclusive workforces, counsel should also prepare employers for how AI can stymie these efforts, provoke discrimination claims and complicate resulting litigation, says Emily Schifter at Troutman Pepper.

  • A Look At The Hefty Demands In Calif. Employer AI Draft Regs

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    California's draft regulations on artificial intelligence use in employment decisions show that the California Privacy Protection Agency is positioning itself as a de facto AI regulator for the state, which isn't waiting around for federal legislation, says Lily Li at Metaverse Law.

  • Federal Salary History Ban's Reach Is Limited

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    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • 2nd Circ. Hostile Workplace Ruling Widens Arbitration Pitfalls

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    The Second Circuit’s recent decision, affirming the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to a worker whose workplace hostility claims arose before the law’s 2022 enactment, widens the scope of the law — and the risks of unenforceable arbitration agreements for employers, say attorneys at Hinshaw.

  • Title VII Compliance Lessons From Raytheon Age Bias Suit

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    A Texas federal court’s recent refusal to dismiss age discrimination claims from a former Raytheon employee, terminated after he admitted to acts that Raytheon says violated its harassment policy, nonetheless illustrates strategies employers can use to protect themselves when facing competing Title VII workplace obligations, say attorneys at Segal McCambridge.