Discrimination

  • November 13, 2024

    Fla. City Fights Ex-Firefighter's ADA Suit At High Court

    A Florida city urged the U.S. Supreme Court to uphold the Eleventh Circuit's finding that the Americans with Disabilities Act doesn't protect against bias that occurs post-employment for former employees, arguing that an ex-firefighter who challenged the ruling is trying to write an exception for retirees into the law.

  • November 13, 2024

    Judge Won't Rethink Mootness Of Air Force Vax Mandate Suit

    A Georgia federal judge on Tuesday refused to reconsider his finding that a challenge by U.S. Air Force personnel to the military's now-rescinded COVID-19 vaccination mandate on religious grounds is moot, holding there is no live controversy to keep the case going.

  • November 13, 2024

    Premier Health Client Wants Out Of Ex-Director's Age Bias Suit

    University of Louisville Health has said it does not belong in an age bias suit brought against Premier Healthcare Solutions Inc. by one of the latter firm's former regional directors, arguing that it should be dismissed from the former worker's suit because he fell short on procedural requirements.

  • November 13, 2024

    9th Circ. Reopens Nevada State Worker's Age Bias Suit

    The Ninth Circuit revived a former Nevada state worker's lawsuit claiming she was fired because she was in her 50s, ruling Wednesday that she'd provided enough evidence to cast doubt on the state's assertion that she was let go for being uncooperative.

  • November 13, 2024

    Couple Sues Poultry Processor For Harassment, Retaliation

    Poultry processing company Sanderson Farms was sued in Georgia federal court Tuesday by a couple who alleges they were fired for reporting sexual harassment and retaliation they suffered at the hands of managers and co-workers.

  • November 13, 2024

    Detroit Tigers Argue Ex-VP Fired Due To COVID, Not Bias

    The Detroit Tigers have asked the court to rule in their favor in a discrimination suit filed in Michigan federal court by a Black former executive who said she was terminated due to her race and age, arguing there were legitimate reasons for workforce reductions amid the COVID-19 pandemic in 2020.

  • November 13, 2024

    Pa. AG's Office Defeats Former Drug Agent's Race Bias Suit

    The Pennsylvania attorney general's office defeated a former narcotics officer's suit claiming she was fired because she's a Puerto Rican woman, with a federal judge ruling Wednesday that no reasonable jury could find the agency's issues with her performance were cover for discrimination.

  • November 13, 2024

    4th Circ. Won't Rethink Ex-Development Director's Wage Case

    The Fourth Circuit declined Wednesday to reconsider its decision affirming a North Carolina city's win on a former development director's claims for unpaid overtime, turning down the former employee's argument that the record did not make clear that she was classified as exempt under federal law.

  • November 13, 2024

    Former Fla. Law Prof Turns To 11th Circ. For Reinstatement

    A former tenured professor at Florida A&M University College of Law has asked the Eleventh Circuit to be reinstated, arguing that the university wrongly terminated her in retaliation for suing it under the federal Equal Pay Act.

  • November 13, 2024

    Worker Says Hospital Fired Her For Flagging Discrimination

    A Boston hospital refused to promote an assistant because of her age, stood in the way of her disability leave request and then fired her after she complained about harassment by her supervisor, according to a suit filed in Massachusetts federal court.

  • November 13, 2024

    MVP: Duane Morris' Gerald L. Maatman Jr.

    Gerald L. Maatman Jr. of Duane Morris LLP has helped his clients fend off potentially catastrophic exposures, including a suit alleging Geico misclassified thousands of insurance agents, by utilizing defense strategies to gut the claims before courts were able to assess the merits of the case, earning him a spot as one of the 2024 Law360 Employment MVPs.

  • November 12, 2024

    Merrill Lynch Disfavors Black And Female Advisers, Suit Says

    Two longtime Merrill Lynch financial advisers have filed a proposed class action against Bank of America and its subsidiary Merrill Lynch alleging the firms' policies systematically discriminate against African American and female advisers by favoring white male colleagues in teaming and account distribution practices.

  • November 12, 2024

    Judge Notes 'Serious Issue' In Fired Firm Worker's Appeal

    The outcome of a fired Whitman Breed Abbott & Morgan LLC legal assistant's appeal of her loss in a disability discrimination suit may hinge on whether there is a genuine dispute about the demands of the job, a Connecticut judge signaled Tuesday. The judge noted a "substantial" disagreement about whether the position was supposed to be a hybrid of remote and in-person.

  • November 12, 2024

    SkyWest Had 'Lewd, Crude' Work Environment, Jury Hears

    SkyWest Airlines enabled a workplace that was hostile to women, a jury heard during opening arguments Tuesday, driving a woman who worked at the company to consider suicide in the face of unrelenting sexual assault jokes and supervisors who didn't take her concerns seriously.

  • November 12, 2024

    5th Circ. Backs Dismissal Of Black Tech's Race Bias Suit

    The Fifth Circuit rejected a Black worker's bid to revive his suit claiming his pay was cut by a construction and maintenance services company because of his race, ruling his case is devoid of detail that would allow a court to find that bias plagued his employment.

  • November 12, 2024

    University Of Washington Scores Worker Vax Suit Dismissal

    A Washington federal judge has thrown out a lawsuit by a group of healthcare workers who alleged the University of Washington denied their religious exemptions from a COVID-19 vaccination requirement, saying the university was justified in firing the workers to prevent patients and employees from being exposed to the virus.

  • November 12, 2024

    American Airlines Escapes Pandemic Early Retirement Suit

    A Texas federal court on Tuesday agreed to permanently toss a group of flight attendants' suit against American Airlines Inc. alleging they were misled into taking a less favorable retirement package during the height of the COVID-19 pandemic, finding a suit dismissed earlier over the same conduct bars their claims. 

  • November 12, 2024

    3rd Circ. Won't Revive Port Authority Worker's Race Bias Suit

    The Third Circuit won't revive a Black woman's suit claiming the Port Authority of New York and New Jersey didn't promote her because of her race and her complaints about discrimination, ruling that the bistate agency had legitimate, nondiscriminatory reasons for not promoting her.

  • November 12, 2024

    Accenture Shouldn't Face Sex Harassment Suit, Judge Says

    Professional services company Accenture should escape a former management consulting analyst's lawsuit claiming they were forced to resign because the company mishandled reports about a supervisor's sexually inappropriate messages, a Georgia federal magistrate judge said, finding most of the worker's claims were filed too late.

  • November 12, 2024

    7th Circ. Overturns JBS' Win In Worker's Color Bias Suit

    A Seventh Circuit panel breathed new life into a color discrimination suit by an employee of Wisconsin beef processing plant JBS Green Bay, saying the case should not have been tossed so soon.

  • November 12, 2024

    Ga. Health Board Fired Worker For Reporting Bias, Suit Says

    The Fulton County Board of Health has been sued in Georgia federal court by a white former employee who alleges she was suspended from her job and then fired for reporting racial discrimination.

  • November 12, 2024

    3rd Circ. Says County Not Liable For Accused Harassers' Acts

    The Third Circuit refused to give a Delaware county worker a second shot at his suit claiming one male colleague targeted him with homophobic and racist harassment and another sexually assaulted him, saying the worker didn't do enough to put the company on notice that it needed to intervene.

  • November 12, 2024

    MVP: deRubertis Law's David M. deRubertis

    Worker-side lawyer David deRubertis, who runs his own firm, says he has helped workers win $526 million in damages from their employers in the past two years alone, earning him a spot as one of the 2024 Law360 Employment MVPs.

  • November 08, 2024

    BCBS Hit With $12.7M Verdict In Worker's Vax Mandate Suit

    A Michigan federal jury on Friday awarded $12.69 million to a former Blue Cross Blue Shield of Michigan employee who said she was fired after her employer failed to accommodate her religious beliefs, which she said prevented her from getting the COVID-19 vaccine.

  • November 08, 2024

    Worker Advocates Will Be On Defense In Trump's 2nd Term

    Worker-side lawyers are buckling up for a challenging four years under President-elect Donald Trump, during which they anticipate a rollback of civil rights regulations and a gutting of federal enforcement agencies. But they also say they're more prepared to fight than they were in 2016. Here, Law360 speaks with the lawyers about major challenges they're anticipating and some of their early plans.

Expert Analysis

  • 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.

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • Eye On Compliance: ADA Accommodations For Obesity

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    As the classification of "obesity" as a disability under the Americans with Disabilities Act continues to evolve, employers should note federal district and state court deviations from U.S. Equal Employment Opportunity Commission guidelines, which have deemed obesity to be a qualifying impairment, no matter the cause, says Lauren Stadler at Wilson Elser.

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

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    A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

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    While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • What To Expect As Worker Bias Suit Heads To High Court

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    The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.

  • Mitigating Construction Employers' Risks Of Discrimination

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    Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.

  • Cos. Should Focus On State AI Laws Despite New DOL Site

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    Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.

  • How The Tide Of EEOC Litigation Rolled Back In FY 2024

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    An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.

  • The Key Changes In Revised FDIC Hiring Regulations

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    Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.