Discrimination

  • December 17, 2024

    Nevada Defeats DOJ Military Bias Suit Over Pension Credits

    A Nevada federal judge tossed the U.S. Department of Justice's suit claiming Nevada and its public employees' retirement system overcharged service members for pension credits, ruling that a law protecting troops' reemployment rights doesn't let service members beef up their retirement benefits at a discounted rate.

  • December 17, 2024

    Ex-Reed Smith Atty Seeks To Appeal NJ Bias Damages Limit

    A former Reed Smith LLP labor and employment lawyer has told the New Jersey Appellate Division that a lower court was wrong to conclude that a pay discrimination law does not apply retroactively, limiting her potential damages against the firm in a bias lawsuit.

  • December 17, 2024

    5th Circ. Preserves Feds' ACA Trans Health Policy

    The Fifth Circuit upended a Texas court decision that invalidated a federal agency interpretation of the Affordable Care Act's provision on nondiscrimination in healthcare, keeping intact federal policy that prohibits insurers from discriminating against individuals seeking treatment for gender dysphoria.

  • December 17, 2024

    Disability Group Beats Christian Worker's Pronoun Policy Suit

    A California disability rights group dodged a former investigator's suit alleging she was fired for asking to be excused from the nonprofit's transgender inclusion policy because of her Christian faith, as a federal judge ruled she had failed to show the court that the organization refused to accommodate her.

  • December 17, 2024

    1st Circ. Revives Bias Case Against Rhode Island Vets Agency

    The First Circuit breathed new life into a former Rhode Island official's employment discrimination case, ruling that the evidence could be reasonably interpreted as showing she was terminated due to her gender or sexual orientation.

  • December 17, 2024

    High Court Muldrow Opinion Tops 2024's Biggest Bias Rulings

    In 2024, the U.S. Supreme Court lowered the bar for workers looking to pursue bias suits over job transfers while appeals courts tackled charged topics like diversity training seminars and the use of racial slurs at work. Here, Law360 looks at four decisions from the past year that will leave a lasting imprint on antidiscrimination law.

  • December 16, 2024

    3rd Circ. Revives Disability Retaliation Suit Against Accenture

    The Third Circuit revived disability discrimination and age bias claims Monday brought by a former employee of professional services company Accenture, finding the worker presented enough evidence that suggested her supervisor's frustration at the accommodations she needed after being injured resulted in her termination.

  • December 16, 2024

    Texas Property Cos. Agree To End EEOC Disability Bias Case

    The U.S. Equal Employment Opportunity Commission announced Monday that a Texas residential community and its parent companies will pay $55,000 to settle the agency's lawsuit claiming they fired a resident coordinator because of her pregnancy-related illness.

  • December 16, 2024

    Omni Gets 5th Circ. To Order New Trial In Pay Bias Battle

    The Fifth Circuit ruled Monday that a jury contradicted itself when it backed a steep damages award for a former Omni Hotels & Resorts worker who claimed the company unlawfully paid her less than her male predecessors, ordering a new trial in the case.

  • December 16, 2024

    Jay-Z Flags 'Glaring Inconsistencies' In Buzbee Rape Claims

    Counsel for Shawn "Jay-Z" Carter told a New York federal judge Friday that new media reports reveal "glaring inconsistencies" in an anonymous woman's rape allegations against the rapper and fellow music mogul Sean "Diddy" Combs, suggesting that her attorney Tony Buzbee deserves sanctions for failing to vet the claims.

  • December 16, 2024

    NY Public Radio, Black Ex-Host End Race Bias Suit

    New York Public Radio has settled a lawsuit brought by a former host who alleged she was denied promotions at the media organization after she complained of racial bias, a filing in federal court showed Monday.

  • December 16, 2024

    Ex-DOJ, Military Lawyer Tapped As EEOC Dallas Regional Atty

    A former judge advocate for the U.S. Air Force and lawyer for the Department of Justice was named the regional attorney in the Equal Employment Opportunity Commission's Dallas district office, the agency said Monday. 

  • December 16, 2024

    High Court Bar's Future: Latham's Roman Martinez

    Roman Martinez of Latham & Watkins LLP approaches oral arguments before the U.S. Supreme Court as if they were just another dinner with family or friends — people he's argued with since he was a kid.

  • December 16, 2024

    Va. Commonwealth's Atty Wants Sanctions In FMLA Dispute

    A Virginia commonwealth's attorney urged a federal court Monday to slap sanctions on a former assistant attorney who filed suit after he was fired for requesting time off to care for his mother, saying his failure to respond to discovery requests merits punishment.

  • December 16, 2024

    Dental Workers' Retaliation Appeal Nixed For Lack Of Docs

    A California appeals court declined to revive a suit brought by two dental office workers who claimed they were fired after complaining that their boss sexually harassed them, saying they hadn't provided enough details for the court to evaluate their case.

  • December 16, 2024

    Court Culture Seen As Barrier To Workplace Misconduct Fixes

    The federal judiciary's internal system for resolving workplace misconduct allegations has gone through a six-year overhaul that officials tout as evidence of sustained progress, but some experts say the tight bonds that unite court personnel may still be an impediment to meaningful change.

  • December 16, 2024

    K&L Gates Adds Hirschfeld Kraemer Employment Pro In LA

    K&L Gates LLP continues expanding its labor and employment team, bringing in a Hirschfeld Kraemer LLP employment litigator as a partner in its Los Angeles office.

  • December 13, 2024

    6th Circ. Says FMLA Can Cover Time Off To Care For Siblings

    An Ohio federal court must reexamine a lawsuit claiming a car dealership fired a manager for requesting leave to care for her terminally ill sister, the Sixth Circuit said Friday, rejecting the court's finding that federal medical leave law did not cover their caregiving relationship because the sister wasn't a child.

  • December 13, 2024

    NHTSA Publishes Whistleblower Program Final Rule

    The National Highway Traffic Safety Administration finalized its whistleblower program, which could award as much as 30% of monetary sanctions to a worker of an auto manufacturer who calls out bad behavior.

  • December 13, 2024

    Aetna Analyst Says She Was Forced Out Over ADD Disability

    Health insurer Aetna was hit with a disability discrimination lawsuit in Georgia federal court by a former data analyst who said she was forced out of her job by regular harassment from her supervisor over her attention deficit disorder.

  • December 13, 2024

    Paula Abdul Settles 'American Idol' Sex Assault Lawsuit

    Paula Abdul told a California state court she has reached a settlement to resolve claims the executive producer behind "American Idol" and "So You Think You Can Dance" sexually assaulted her repeatedly during her years as a judge on the reality competition shows.

  • December 13, 2024

    Jury Sides With MetLife In Fired Exec's Pay Bias Suit

    A New York federal judge closed a former MetLife executive's suit after a jury sided with the company on her claims that she was paid hundreds of thousands of dollars less than her male counterparts and passed over for a promotion due to her gender.

  • December 13, 2024

    J&J Unit Deemed Family Duties A 'Distraction,' Suit Says

    A prosthetics company owned by Johnson & Johnson said an employee returning from parental leave had "distractions outside of work" as it gave him negative performance reviews before firing him, according to a suit filed in Massachusetts federal court Friday.

  • December 13, 2024

    NY Forecast: 2nd Circ. Hears School District Retaliation Suit

    This week, the Second Circuit will consider a former Connecticut school district executive's attempt to revive her lawsuit alleging she was fired in retaliation for filing a complaint claiming she was passed over for a promotion due to her race and gender. Here, Law360 looks at this and other cases on the docket in New York.

  • December 13, 2024

    Worker Fired For Union Activity, Not Vax Status, Court Agrees

    A D.C. Circuit panel on Friday upheld a National Labor Relations Board decision that a commercial property management firm illegally fired a union supporter, finding "substantial evidence" the firing was based on the worker's union support and not his COVID-19 vaccination status.

Expert Analysis

  • 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.

  • Vaccine Accommodation Suits Show Risk Of Blanket Policies

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    A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • Workplace Challenges Amid Israeli-Palestinian Conflict

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    Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • High Court's Job Bias Questions May Predict Title VII Ruling

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    Employers may be able to predict — and prepare for — important changes to workplace discrimination laws by examining the questions the U.S. Supreme Court asked during oral arguments for Muldrow v. St. Louis, where several justices seemed to favor a low threshold for Title VII suits, says Wendy LaManque at Pryor Cashman.

  • 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.