Discrimination

  • February 27, 2024

    Cleary And Vladeck Raskin Must Face Cuomo's Subpoena Bid

    Former New York Gov. Andrew Cuomo can continue his effort to force Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC to turn over information about the women whose sexual misconduct accusations forced him to resign, a New York federal judge said.

  • February 27, 2024

    Chevron Fired Female Manager But Let Men Slide, Suit Says

    Chevron fired a female manager for keeping quiet about workers changing COVID-19 test records to evade travel restrictions but let men who did the same thing keep their jobs, according to a complaint filed in Texas federal court.

  • February 27, 2024

    EEOC Sets Window For Employers To Report Worker Data

    Employers can start submitting information showing the demographic makeup of their workforces to the U.S. Equal Employment Opportunity Commission in late April, the agency announced.

  • February 26, 2024

    Diddy Producer Says He Was Sexually Assaulted, Harassed

    A producer who worked on Diddy's latest album said Monday that he was sexually assaulted and harassed by the rapper and his friends while living and working with him, and also witnessed Diddy providing "laced alcoholic beverages" to minors and sex workers, according to a lawsuit filed in New York federal court.

  • February 26, 2024

    2nd Circ. Leery Of FIT Worker's Retaliation Claims

    A Second Circuit panel seemed reluctant Monday to revive a Black office worker's suit claiming her employer unlawfully denied her a promotion because she made internal race bias complaints, with one judge saying he was "confused" by her claims.

  • February 26, 2024

    Business, Not Bias, Led To Mostly Black Layoffs, Judge Finds

    A federal judge has ruled that legitimate business interests drove a Washington, D.C., social services agency's choices regarding layoffs in 2010, despite those decisions disproportionately affecting Black workers — deciding the sole claim remaining in a proposed class action that has seen back-and-forth battles for more than 12 years.

  • February 26, 2024

    Ex-Workers Fight X's Bid To Toss Sex Bias Suit

    Former X Corp. workers urged a California federal court to keep in play their lawsuit alleging that Elon Musk's takeover of the company formerly known as Twitter caused women to lose their jobs, saying they put forward enough detail to survive the company's motion to dismiss.

  • February 26, 2024

    3rd Circ. Backs Amtrak's Win In Fired Black Worker's Bias Suit

    The Third Circuit declined Monday to revive a Black former Amtrak inspector's racial discrimination suit claiming he was fired out of prejudice, ruling he didn't show bias informed the company's decision to sack him for taking hundreds of dollars in gifts from a contractor.

  • February 26, 2024

    Journos Say Feds Can't Delay Contractor Demographic Data

    The Center for Investigative Reporting urged a California federal court not to allow the U.S. Department of Labor to withhold government contractor demographic reports, arguing that any further delays in disclosure would harm the public.

  • February 26, 2024

    Split 9th Circ. Panel Backs DOD's Win In Disability Bias Suit

    The Ninth Circuit refused Monday to reinstate a former U.S. Department of Defense employee's lawsuit claiming he was heavily criticized and eventually fired after he returned from medical leave to treat his anxiety, despite one dissenting judge saying the case should go before a jury.

  • February 26, 2024

    Black Truck Drivers Can't Revive Race Bias Suit At 3rd Circ.

    Two Black truck drivers for a supermarket chain couldn't beat "voluminous evidence" that they were fired for threatening a co-worker who one called a "rat" or a "snitch," the Third Circuit ruled, refusing to revive their suit blaming race bias for their termination.

  • February 26, 2024

    Medical Clinic Settles EEOC's Pregnancy Bias Suit

    A medical clinic will pay $50,000 to end a U.S. Equal Employment Opportunity Commission suit accusing it of illegally disciplining an employee after she missed work due to pregnancy complications and firing her when she contracted COVID-19, a Georgia federal court ruled.

  • February 26, 2024

    High Court Skips Black School Administrator's Retaliation Suit

    The U.S. Supreme Court declined Monday to review a suit from a Black school administrator who claimed she was denied a promotion for opposing racial desegregation plans, leaving in place a split Eighth Circuit decision that found federal employment bias law didn't protect her.

  • February 23, 2024

    7th Circ. Says Bonuses Needn't Be Disability-Accessible

    An Illinois fire department did not fail to accommodate a firefighter's disability by requiring him to attend college classes before giving him a raise, the Seventh Circuit ruled Friday, because raises are not something that workers are necessarily entitled to.

  • February 23, 2024

    10th Circ. Won't Reopen School Admin's Retaliation Suit

    The Tenth Circuit declined Friday to reinstate a middle school assistant principal's lawsuit alleging she was retaliated against for flagging a student's sexual assault, saying she failed to show that the school's reprimand for how she handled the incident was out of line.

  • February 23, 2024

    9th Circ. Seems Skeptical Of Vegas Worker's Harassment Suit

    The Ninth Circuit appeared hesitant Friday to fully revive a Las Vegas casino employee's suit alleging it did nothing while she was harassed on the casino floor by former NFL player Richard Sherman, with one judge noting that the worker never suffered a negative impact on her job.

  • February 23, 2024

    Reed Smith Names New Heads In Downtown LA, Century City

    Reed Smith LLP has named new managing partners at its two Los Angeles offices, with a longtime corporate attorney assuming control in the Century City office and a labor and employment attorney taking the reins in the downtown Los Angeles office.

  • February 23, 2024

    Mich. Panel Lets Truck Co.'s Win Stand In Age Bias Suit

    A Michigan appeals court has refused to reinstate a former truck company employee's lawsuit alleging she was fired because she was in her 50s and flagged a health issue, saying she failed to rebut the company's argument that she was let go because it no longer had work for her.

  • February 23, 2024

    Houston School Defeats Gay Teacher's Discrimination Suit

    A Texas federal judge tossed a teacher's suit claiming he was let go for being gay, ruling that the Montessori school he worked for showed that his contract wasn't renewed because of complaints about his teaching abilities, not his sexual orientation.

  • February 23, 2024

    Ex-Software Co. Worker Axed For Unpaid Wage Ask, Suit Says

    A software company fired an 86-year-old employee after he complained that he was not paid for months of work, the worker alleged in a lawsuit filed in New Jersey state court, saying his former employer owes him more than $16,000 in unpaid wages and $32,000 in damages.

  • February 23, 2024

    Calif. Forecast: Court Weighs Bay Area Transit Vax Mandate

    In the coming week, attorneys should keep an eye out for a potential ruling on summary judgment bids in a religious discrimination case involving former San Francisco Bay Area Rapid Transit District workers. Here's a look at that case and other labor and employment matters on deck in California.

  • February 23, 2024

    NY Forecast: 'Loser Pays' Arbitration Clause At 2nd Circ.

    This week, the Second Circuit will consider a staffing company's challenge to a lower court decision that blocked arbitration proceedings with a worker over a provision in the arbitration agreement that required the worker to pay if he lost the case. Here, Law360 explores this and another major labor and employment case on the docket in New York.

  • February 23, 2024

    11th Circ. Backs Hospital's Win In Black Worker's Bias Suit

    The Eleventh Circuit refused to reinstate a worker's suit accusing a hospital of passing her over for a promotion because she's Black and then placing her on leave after she complained, saying she failed to rebut her employer's argument that it chose a better candidate for the position.

  • February 23, 2024

    Ex-Major Lindsey Worker Fights Arbitration In Sex Assault Suit

    The trustee for a former Major Lindsey & Africa employee pursuing a negligence suit in New York state court against the firm tied to a reported sexual assault has filed an opposition to the legal recruiting giant's motion to compel arbitration, arguing that it disregarded "the seismic shift in the law against forced arbitration."

  • February 22, 2024

    Fired Exec Says Conn. Hospital Booted Her For Her Age

    A former Waterbury Hospital executive is suing her ex-employer in Connecticut federal court, saying it posted her job on a career site while she was on medical leave and then fired her so the CEO could "replace her with someone younger and more attractive."

Expert Analysis

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

    Author Photo

    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

    Author Photo

    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

  • In Focus At The EEOC: Protecting Vulnerable Workers

    Author Photo

    It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.

  • 4 Steps To Navigating Employee Dementia With Care

    Author Photo

    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Compliance Tips For Employers Facing An Aggressive EEOC

    Author Photo

    This year, the combination of an aggressive U.S. Equal Employment Opportunity Commission, a renewed focus on large-scale recruiting and hiring claims, and the injection of the complicated landscape of AI in the workplace means employers should be prepared to defend, among other things, their use of technology during the hiring process, say attorneys at Seyfarth Shaw.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

    Author Photo

    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • EEO-1 Ruling May Affect Other Gov't Agency Disclosures

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.