Discrimination

  • December 02, 2024

    Temple U., Cancer Center Say Prof's Bias Suit Short On Facts

    Temple University and its cancer research center said a Pennsylvania federal court should toss most of a professor's lawsuit claiming she was denied opportunities after rejecting the advances of the center's eventual director, arguing her allegations were based on subjective beliefs rather than actual harassment.

  • December 02, 2024

    X Escapes Former Twitter Security Head's Firing Suit

    A New Jersey federal judge has sent a former Twitter security chief's suit claiming he was fired for protesting massive budget cuts to arbitration, ruling that the claims fail under the provisions of the company's arbitration agreement.

  • December 02, 2024

    What To Expect On Workplace AI From Trump's 2nd Term

    President-elect Donald Trump's return to the White House could mark a shift in the federal government's approach to the ever-growing deployment of technology that utilizes artificial intelligence, and endanger guidance for its use that employment regulators issued during the Biden administration. Here, experts discuss what employers should watch for after Inauguration Day.

  • December 02, 2024

    DOL Must Face Black Ex-Atty's Racial Bias, Retaliation Suit

    The U.S. Department of Labor can't avoid a Black former litigator's lawsuit alleging he was subjected to racist language from white employees, given a low bonus and fired after unwarranted internal investigations, with a D.C. federal judge ruling Monday his race-based claims are detailed enough to stay in court.

  • December 02, 2024

    Ohio Patrol Trims But Can't Ax Ex-Cop's $2.7M Bias Verdict

    An Ohio federal judge on Monday trimmed a $2.7 million verdict handed to a gay former cop who said she was forced to resign out of animosity for her sexual orientation, finding that while some of her damages needed to be capped, there wasn't any need for a new trial.

  • December 02, 2024

    Va. Utility Co. Settles Worker's COVID Leave Suit

    A Virginia utility company reached a deal to resolve a former worker's lawsuit alleging he was fired after asking to use federal medical leave due to complications from COVID-19, according to a filing in federal court.

  • December 02, 2024

    FBI Says Mishandled Info, Not Bias, Cost Agent Her Job

    The FBI urged an Indiana federal court to toss a former agent's lawsuit claiming she was forced out after complaining that supervisors made inappropriate comments about her appearance, arguing her disclosure of confidential information was a legitimate reason for requesting that she resign.

  • December 02, 2024

    Co-Worker's Affair Isn't Harassment, Research Co. Tells Court

    A clinical research company urged a Georgia federal judge to toss a former employee's suit claiming the business failed to take action when a co-worker made sexual comments about her father and began an affair with him, arguing the conduct isn't protected by federal civil rights law.

  • November 27, 2024

    Bimbo Bakeries Denies Wrongdoing In Age Bias Suit

    Bimbo Bakeries USA has denied all wrongdoing in its response to a former employee's suit alleging the company made up a reason to fire him just over a year before he was set to retire.

  • November 27, 2024

    Fired Construction Worker Accuses Co., Union Of Race Bias

    A union-represented construction worker who was fired for hitting a co-worker said in a discrimination lawsuit filed in Michigan federal court that he acted in self-defense, and that the company fired him but not the co-worker who initially struck him because he is Black and his co-worker is white.

  • November 27, 2024

    6th Circ. Revives Fired State Farm Worker's Retaliation Suit

    The Sixth Circuit reinstated a suit by a Black former State Farm employee claiming her firing resulted from complaining that the company discriminated against nonwhite customers and failed to address racism, saying Wednesday she cast enough doubt on the employer's position that she was canned for mishandling emails.

  • November 27, 2024

    Ex-GMU Law Prof Drops Suit Over Title IX Probe

    A former law professor on Wednesday dropped his suit against George Mason University over its Title IX investigation into allegations that he retaliated against students who filed sexual misconduct claims against him.

  • November 27, 2024

    Fox Rothschild Adds Berliner Cohen Employment Atty In SF

    Fox Rothschild LLP is expanding its West Coast team, bringing in a Berliner Cohen LLP employment ace as counsel in its San Francisco office.

  • November 27, 2024

    Myman Greenspan Accused Of Wrongfully Firing Assistant

    Motion picture and television law firm Myman Greenspan Fox Rosenberg Mobasser Younger & Light LLP used a "transparent pretext" to illegally fire an assistant who had a health condition and was over the age of 50, according to a suit alleging wrongful termination in California state court.

  • November 27, 2024

    Black Priest Harassment Claim Against NY Church Revived

    A Black, Nigerian Catholic priest's suit claiming the diocese failed to act and then fired him when he complained that a colleague called him a racial slur was revived by New York's highest court, ruling his case was improperly foreclosed by a religious carveout to the First Amendment.

  • November 27, 2024

    4 Argument Sessions Bias Attys Should Watch In December

    The Ninth Circuit will have a chance to interpret the U.S. Supreme Court's landmark Groff decision in a religious bias suit over a vaccine mandate, while the Fifth and Sixth circuits will hear from workers who have amicus backing from the U.S. Equal Employment Opportunity Commission. Here are four argument sessions employment discrimination attorneys should keep tabs on in December.

  • November 26, 2024

    Macy's Says High Court Ruling Guts DOL's Tobacco Fee Case

    Macy's urged an Ohio federal judge to ax a U.S. Department of Labor claim that the company discriminated against tobacco users by charging them an extra fee through its health insurance plan, arguing that the U.S. Supreme Court's recent Loper Bright ruling disqualifies the agency's regulations at issue.

  • November 26, 2024

    Trailer Maker Inks DOJ Deal Over Noncitizen Employment Bias

    Trailer manufacturer Great Dane LLC agreed to pay $436,000 to resolve allegations that one of its Nebraska plants discriminated against non-U.S. citizens during the hiring process, the U.S. Department of Justice announced Monday, releasing new guidance about lawful permanent residents' employment rights.

  • November 26, 2024

    5th Circ. Won't Rethink Atty Fees In Ex-La. Worker's Bias Suit

    The Fifth Circuit refused Tuesday to upend a lower court's award of attorney fees to a Louisiana wildlife agency that defeated a Black former general counsel's race and sex bias lawsuit, ruling she couldn't argue she was unfairly treated just because her attorney failed to check his email.

  • November 26, 2024

    Fired AstraZeneca Worker Prevails On COVID Vax Bias Claim

    An Ohio federal judge found Tuesday that AstraZeneca discriminated against a former employee by denying his request to dodge its COVID-19 vaccine mandate because of his Christian convictions, granting him a partial win in his religious bias suit.

  • November 26, 2024

    DraftKings Engineer Says Leave Request Led To Firing

    A former DraftKings engineer alleges the sports betting company fired him after he requested parental leave despite positive reviews, violating the Family and Medical Leave Act, according to a lawsuit removed to Massachusetts federal court.

  • November 26, 2024

    Texas Atty Sanctioned For Citing Bogus Cases After Using AI

    A Texas lawyer pursuing a wrongful termination lawsuit against Goodyear Tire & Rubber Co. has been sanctioned for submitting a brief that included citations to nonexistent cases generated by an artificial intelligence tool, a Texas federal judge ordered this week.

  • November 26, 2024

    Ex-Faegre Drinker Atty Files Disability Bias Suit

    Faegre Drinker Biddle & Reath LLP was hit with a disability discrimination lawsuit on Monday by a Denver attorney who says she was pushed out after seeking accommodations for hip problems.

  • November 26, 2024

    Ex-Regeneron Director Says FMLA Suit Should Stay In Court

    A former Regeneron Pharmaceuticals director asked a New York federal court not to toss her suit, saying she put forward sufficient details to back up her accusations that she was fired for lodging a complaint about her supervisor's abuse and requesting a flexible schedule to care for her daughter.

  • November 26, 2024

    Jackson Lewis Adds Attorney From FordHarrison In Tampa

    Jackson Lewis PC has expanded its counseling and litigation offerings in Florida with the addition of an attorney from FordHarrison LLP.

Expert Analysis

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • In Focus At The EEOC: Emerging And Developing Issues

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    The U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan highlights how the agency will prioritize its limited resources over the next four years, and the most notable emerging issues include ensuring protections for pregnant workers and those dealing with long-term COVID-19 effects, says Jim Paretti at Littler.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • AI Isn't The Wild West, So Prepare Now For Bias Risks

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    In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.

  • AI's Baked-In Bias: What To Watch Out For

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    The federal AI executive order is a direct acknowledgment of the perils of inherent bias in artificial intelligence systems, and highlights the need for legal professionals to thoroughly vet AI systems, including data and sources, algorithms and AI training methods, and more, say Jonathan Hummel and Jonathan Talcott at Ballard Spahr.

  • 'Miss Manners' Scenarios Holds Job Accommodation Lessons

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    Robin Shea at Constangy looks at the potentially negative legal consequences for employers who follow some advice recently given in the Washington Post's "Miss Manners" column, and offers solutions of her own.

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

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    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

  • Handling Religious Objections To Abortion-Related Job Duties

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    While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.

  • Transgender Worker Rights: A Guide For California Employers

    Excerpt from Practical Guidance
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    California employers should know their obligations under overlapping state and federal law to protect the rights of their transgender, nonbinary and gender-nonconforming workers, and implement best practices to avoid discriminating in how they hire and promote, offer medical benefits to, and prevent harassment of these employees, says Michael Guasco at Littler.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

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    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • In Focus At The EEOC: Eliminating Recruiting, Hiring Barriers

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    While the recruiting and hiring segment of the U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan spotlights the potential discriminatory effects of artificial intelligence, employers should note that it also touches on traditional bias issues such as unlawfully targeted job advertisements and application inaccessibility, say Rachel See and Annette Tyman at Seyfarth.

  • A Look Into The Developing Regulation Of Employer AI

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    Although employers' use of artificial intelligence is still limited, legislators and companies have been ramping up their efforts to regulate its use in the workplace, with employers actively contributing to the ongoing debate, say Gerald Hathaway and Marc-Joseph Gansah at Faegre Drinker.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.