Discrimination

  • 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

    Ex-Elanco IP Lawyer Lodges Gender Discrimination Suit

    A female former in-house intellectual property lawyer at Elanco Animal Health Inc. sued the pharmaceutical company for gender discrimination in Indiana federal court, alleging she was passed over for a promotion in favor of a less qualified man who later mistreated the women on staff.

  • November 08, 2024

    NYC Water Worker Alleges Retaliation For Off-Duty Pot Use

    A municipal water treatment worker has filed a discrimination lawsuit against the New York City Department of Environmental Protection claiming he was wrongly punished for his legal off-duty use of cannabis and wrongly terminated for refusing to take a drug test when he was actually suffering a medical emergency.

  • November 08, 2024

    DOJ Says Miss. Senate Stiffed Black Atty On Equal Pay

    The U.S. Department of Justice alleged in a race bias suit filed in Mississippi federal court Friday that the state Senate paid a Black attorney at times less than half of what her white colleagues were paid even though they completed the same work.

  • November 08, 2024

    DLA Piper's Performance Critique Is Bogus, Fired Atty Says

    A former DLA Piper associate told a New York federal court that her pregnancy bias case against the firm should be heard by a jury, arguing the firm's assertion that she was fired for careless work is contradicted by bonuses she was given and a lack of disciplinary records.

  • November 08, 2024

    Ga. Man Says City Was Quick To Fire Him For Being 'Slow'

    A 20-year employee of Roswell, Georgia, hit the Atlanta-area city with a disability discrimination lawsuit Thursday, claiming it fired him rather than accommodate his known cognitive disabilities aggravated by a workplace injury two decades earlier.

  • November 08, 2024

    Jackson Lewis Adds Veteran UB Greensfelder Atty In Ohio

    Jackson Lewis PC has expanded its employment counseling and litigation capabilities in Cleveland with the addition of a longtime UB Greensfelder LLP attorney.

  • November 08, 2024

    Ex-NJ Judge Gets More Time To Make Discrimination Case

    A New Jersey court gave a former state workers' compensation judge challenging her removal from the bench more time to make her case, according to a court order.

  • November 08, 2024

    NY Forecast: 2nd Circ. Weighs NLRB Constitutionality

    This week, the Second Circuit will consider a nursing home's attempt to block a National Labor Relations Board case against it on the grounds that the agency is unconstitutionally structured. Here, Law360 looks at this and other cases on the docket in New York.

  • November 08, 2024

    9th Circ. Affirms Union Longshoreman's Promotion Denial

    A union-represented longshoreman who left his job to serve in the U.S. Air Force for nine years is ineligible for a promotion he might have received if he served five years or less, the Ninth Circuit affirmed, saying he didn't qualify for an exception to the years requirement.

  • November 08, 2024

    UPMC Health Plan Beats Bias Suit Over Black Worker's Firing

    A University of Pittsburgh Medical Center-affiliated health plan defeated a former service coordinator's suit claiming she was fired because she's Black, with a Pennsylvania federal judge finding she couldn't overcome the employer's explanation that her job performance put patients in danger.

  • November 08, 2024

    Calif. Forecast: $16M Delta Pay Stubs Deal Heads To Court

    In the coming week, attorneys should keep an eye out for potential final approval of a nearly $16 million settlement for Delta Air Lines flight attendants alleging wage claims. Here's a look at that case and other labor and employment matters coming up in California.

  • November 08, 2024

    Judge 'Baffled' By Muldrow Omission In Sex Bias Suit

    A Kansas federal judge declined to toss a former medical center worker's suit claiming she was forced to resign due to sexual harassment, while chiding the center for failing to take into account recent high court precedent clarifying the legal standards around Title VII sex bias claims.

  • November 07, 2024

    Trans Patients Say Fla. Ban On Care Should Be Bias Tested

    A proposed class of transgender individuals asking for the reversal of a ruling blocking Florida's ban on Medicaid coverage for gender-affirming care told the Eleventh Circuit on Wednesday that hostile discrimination analysis of statutes applies to classes beyond those recognized as "suspect" or "quasi-suspect."

  • November 07, 2024

    ACLU Asks 11th Circ. To Back Ga. Deputy's Trans Health Win

    The full Eleventh Circuit shouldn't roll back a transgender deputy's win in her lawsuit challenging a Georgia county's refusal to pay for gender-affirmation surgery, the American Civil Liberties Union and legal groups argued Thursday, saying the U.S. Supreme Court's Bostock decision made clear that such policies violate federal law.

  • November 07, 2024

    HSBC, Exec Agree To End Racial Bias Promotion Row

    An HSBC executive has agreed to end her racial discrimination lawsuit against her employer over an allegedly denied promotion, the parties informed a Manhattan federal court Thursday.

  • November 07, 2024

    WNBA, Aces Urge Toss Of Suit Over Traded Pregnant Player

    The WNBA has asked a Nevada federal court to toss the lawsuit of a female basketball player, arguing that the suit, which claims the Las Vegas Aces traded her to a less prestigious team after learning she was pregnant, failed to show the league was her employer.

  • November 07, 2024

    What FTC's Lyft Fine Can Teach Us About Pay Transparency

    The Federal Trade Commission's more than $2 million penalty against Lyft over claims that the ride-hailing giant misled prospective drivers about their earning potential on the platform provides lessons for employers about pay transparency compliance, including the need to manage expectations and create clear compensation plans, attorneys say.

  • November 07, 2024

    11th Circ. Backs Bombardier In Mechanic's Race Bias Suit

    The Eleventh Circuit upheld a Bombardier unit's win Thursday in a retired Black worker's suit claiming he was forced to leave his mechanic role because of the racism he experienced on the job, finding he hadn't alleged any mistreatment serious enough to sustain his case.

  • November 07, 2024

    Wilson Sonsini Accused Of Wrongfully Firing Legal Assistant

    A former practice group assistant at Wilson Sonsini Goodrich & Rosati PC has filed a wrongful termination suit in California state court, accusing the firm of discriminating against her because of her disabilities and firing her in retaliation for raising hostile work environment and other concerns.

  • November 07, 2024

    Polsinelli Adds Reed Smith Employment Litigator In DC

    Polsinelli PC has hired a new shareholder in Washington, D.C., who spent more than two decades with Reed Smith LLP, which included time as that firm's global labor and employment chair.

  • November 07, 2024

    Medical Device Co. Inks $57K Deal In OFCCP Sex Bias Probe

    The U.S. Department of Labor's federal contractor watchdog said Thursday it reached a $57,000 deal with a medical supply company to resolve allegations that it didn't consider promoting women to a certain role. 

  • November 07, 2024

    6th Circ. Backs Dismissal Of Fired Trans EMT's Bias Suit

    The Sixth Circuit declined to reinstate a transgender EMT's suit claiming she was fired due to her gender identity, ruling that she couldn't overcome her employer's position that she was terminated for being rude and unprofessional on the job.

  • November 07, 2024

    Library Of Congress Escapes 20-Year-Old Race, Pay Bias Suit

    The Library of Congress does not have to face an almost 20-year-old lawsuit in which African American employees alleged that the institution subjected them to workplace harassment and discriminatory practices in hiring and pay, a D.C. federal judge ruled, finding that the workers' Title VII claims lacked specificity.

  • November 06, 2024

    Ousted Denver Transit Top Cop Alleges Racism Drove Firing

    A former Black police chief for a Denver transportation district is suing the agency for discrimination and retaliation after he was fired in September, claiming the district failed to properly investigate complaints about racist behavior by white officers and then fired him based on a retaliatory complaint.

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.