Discrimination

  • May 29, 2024

    Navajo President Denies VP's Claims Of Sexual Misconduct

    Navajo Nation President Buu Nygren, while denying allegations by Vice President Richelle Montoya of sexual harassment, bullying and mistreatment, said he intends to ask the tribe's council for workplace policies and procedures for the top offices, arguing that he's well aware that women within the country's largest reservation feel unheard.

  • May 29, 2024

    9th Circ. Revives Bulk Of Walmart Worker's Disability Bias Suit

    The Ninth Circuit on Wednesday reversed most of a district court's ruling in favor of Walmart on claims by a vision-impaired employee that the retail giant didn't let him return to work after a medical leave of absence, saying the employee presented evidence suggesting Walmart lied about the reasons why he couldn't return.

  • May 29, 2024

    Starbucks Gets Trans Barista's Bias Suit Kicked To Arbitration

    A New York federal judge sent to arbitration a transgender Starbucks barista's suit claiming he was harassed and ultimately fired because of his gender identity, rejecting the former employee's argument that he doesn't remember signing a deal to arbitrate.

  • May 29, 2024

    NFL Can't Juke Retaliation Claims In Reporter's Race Suit

    A New York federal judge on Wednesday hobbled a wrongful termination suit against the NFL, dismissing award-winning reporter Jim Trotter's claims of a hostile work environment and state claims but keeping the case alive through a federal claim of retaliation related to the league's decision not to renew his contract in March 2023.

  • May 29, 2024

    Ford Can Keep Win In Ex-Worker's Hostile Workplace Suit

    A former Ford employee can't get a new trial on claims that a co-worker's lewd comments and overtures led to a hostile work environment, a Michigan federal judge has ruled, finding there is sufficient evidence to support the jury's verdict in the automaker's favor.

  • May 29, 2024

    Conn. Hospital Settles Exonerated Doctor's Race Bias Suit

    A Connecticut hospital and a doctor of Nigerian heritage have settled a race and gender discrimination lawsuit that followed a supervisor's assertion during a sexual harassment and assault probe that Nigeria was home to a "typically misogynistic and chauvinistic" culture, according to a Wednesday dismissal order.

  • May 29, 2024

    5th Circ. Backs Sheriff's Jury Win In Deputy's Bias Suit

    The Fifth Circuit upheld a Louisiana sheriff's defeat of a suit from a Black deputy who said he was fired for complaining that his white colleagues were treated better than he was, shutting down the retaliation claim more than three years after the appeals court revived it.

  • May 29, 2024

    9th Circ. Affirms Dismissal Of Doctor's Military Bias Suit

    An Arizona hospital defeated a doctor's discrimination lawsuit for the second time, with the Ninth Circuit upholding an Arizona federal judge's decision to toss the doctor's claims that the hospital showed bias against his military status by not renewing his contract after he deployed.

  • May 29, 2024

    Weinstein Could Face Added Assault Charges In Retrial

    New York prosecutors planning to retry Harvey Weinstein this fall after his rape conviction was overturned said Wednesday they may file an expanded indictment after hearing from new sexual assault claimants.

  • May 29, 2024

    Farm Will Pay $100K To End Calif. Agency's Sex Abuse Suit

    A fruit farm agreed to provide $100,000 to resolve a suit brought by California's Civil Rights Department in state court alleging its owner sexually harassed a strawberry harvester daily and groped her on the job.

  • May 29, 2024

    EEOC, Subway Franchises Ink Deal To End Race Bias Suit

    Three Subway franchises will pay $25,000 to end a U.S. Equal Employment Opportunity Commission suit alleging their owner left a Black former manager no choice but to quit because of frequent racist statements and mistreatment of employees, according to a filing Wednesday in a North Carolina federal court. 

  • May 29, 2024

    Fisher Phillips Adds Employment Pro In Dallas From GRSM50

    Fisher Phillips has strengthened its Dallas roster with a litigator experienced in representing employers in a broad array of complex labor and employment disputes who came aboard from Gordon Rees Scully Mansukhani LLP.

  • May 28, 2024

    Kia, Hyundai Still Face RICO Claims In Foreign Labor Suit

    Hyundai and Kia are still confronted with claims that they were in on a scheme to obtain cheap labor from skilled Mexican engineers seeking participation in a professional visa program after a Georgia federal judge determined workers had adequately alleged the companies' involvement.

  • May 28, 2024

    Pa. Court Says Vaccine Refusal Valid Cause For Firing Nurse

    A Pennsylvania Superior Court panel on Tuesday tossed a suit accusing a hospital of wrongfully firing a nurse practitioner who refused to be vaccinated against COVID-19, saying the nurse can't invoke the state's medical malpractice statute in a wrongful termination suit.

  • May 28, 2024

    EEOC Gender Bias Suit Should Continue, Magistrate Judge Says

    A magistrate judge on Tuesday recommended the denial of four Georgia waste removal companies' motion to dismiss a suit brought against them by the U.S. Equal Employment Opportunity Commission for allegedly subjecting female truck driver applicants to sexist interview questions before filling the roles with less qualified men.

  • May 28, 2024

    EEOC Accuses 12 More Employers Of Spurning Data Reports

    The U.S. Equal Employment Opportunity Commission filed a spate of lawsuits Tuesday against hospitality, transportation, food service and construction companies across the country, alleging they've shirked their legal responsibility to report demographic data about their employees for several years.

  • May 28, 2024

    Mich. Judge Tosses Ex-Prosecutor's Suit Over Firing

    A Michigan federal judge has dismissed a lawsuit from a fired assistant prosecutor alleging he lost his job at the Macomb County Prosecutor's Office for speaking out about harassment and retaliation, after the county asked for sanctions because the plaintiff wasn't complying with discovery requirements and missed a deposition.

  • May 28, 2024

    A Worker Advocate On Desegregating The Workforce

    Rebecca Dixon, a leader in workers' rights, said that major policy reforms like revising the Fair Labor Standards Act are needed to overcome the occupational segregation that characterizes today's workforce. Here, Dixon speaks to Law360 about the effects of occupational segregation and what needs to be done to address it.

  • May 28, 2024

    Nursing Co. Strikes Deal To End EEOC Misgendering Probe

    A Washington nursing facility has reached a deal with the U.S. Equal Employment Opportunity Commission to settle a charge from a worker who said the business sat idle while co-workers repeatedly and intentionally referred to them by the wrong pronouns.

  • May 28, 2024

    Workplace Civil Rights Suit Gets Full Mich. High Court Hearing

    The Michigan Supreme Court has agreed to again consider whether employers can use contracts to limit the ability of aggrieved workers to sue, after hearing mini oral arguments last year, though two justices said they would not have advanced the case. 

  • May 28, 2024

    Jury Says Chemical Co. Owes Fired Worker $400K In ADA Suit

    A South Carolina federal jury said a chemical company should pay a former worker $400,000 for violating the Americans with Disabilities Act by firing her after she took time off to treat a painful foot condition.

  • May 28, 2024

    Littler Brings On Ogletree Pay Equity Leader In NYC

    Employment and labor law giant Littler Mendelson PC announced Tuesday that it has grown its New York team with the addition of a pay transparency law expert and former pay equity practice group co-chair at Ogletree Deakins Nash Smoak & Stewart PC.

  • May 28, 2024

    11th Circ. Revives Ex-Legal Process Worker's Retaliation Suit

    The Eleventh Circuit reopened a former legal services company employee's lawsuit claiming her boss defaced her car because she complained that a Black colleague wasn't assigning work to white process servers, ruling a trial court used the wrong standard to evaluate her retaliation claims.

  • May 28, 2024

    Boston Red Sox Settle Fired Worker's COVID Vax Bias Suit

    The Boston Red Sox settled a suit from a former worker who said she was fired after refusing the COVID-19 vaccine because it conflicted with her Roman Catholic beliefs, according to a filing Tuesday in Florida federal court.

  • May 24, 2024

    NJ Panel Won't Revive Atty's Turnpike Authority Harassment Suit

    A New Jersey state appeals court panel stood by an attorney's loss Friday in his suit claiming the New Jersey Turnpike Authority and its officials held him back from promotions and raises and harassed him based on his military service in the U.S. National Guard.

Expert Analysis

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

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    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • Navigating Title VII Compliance And Litigation Post-Muldrow

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    The U.S. Supreme Court’s recent ruling in Muldrow v. St. Louis has broadened the scope of Title VII litigation, meaning employers must reassess their practices to ensure compliance across jurisdictions and conduct more detailed factual analyses to defend against claims effectively, say Robert Pepple and Christopher Stevens at Nixon Peabody.

  • Why Employers Shouldn't Overreact To Protest Activities

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    Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.

  • Best Practices To Accommodate Workplace Service Animals

    Excerpt from Practical Guidance
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    Since the U.S. Equal Employment Opportunity Commission recently pledged to enforce accommodations for people with intellectual, developmental and mental health-related disabilities, companies should use an interactive process to properly respond when employees ask about bringing service animals into the workplace, say Samuel Lillard and Jantzen Mace at Ogletree.

  • Kansas Workers' Comp. Updates Can Benefit Labor, Business

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    While the most significant shake-up from the April amendment to the Kansas Workers Compensation Act will likely be the increase in potential lifetime payouts for workers totally disabled on the job, other changes that streamline the hearing process will benefit both employees and companies, says Weston Mills at Gilson Daub.

  • Fostering Employee Retention Amid Shaky DEI Landscape

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    Ongoing challenges to the legality of corporate diversity, equity and inclusion programs are complicating efforts to use DEI as an employee retention tool, but with the right strategic approach employers can continue to recruit and retain diverse talent — even after the FTC’s ban on noncompetes, says Ally Coll at the Purple Method.

  • Justices' Title VII Ruling Requires Greater Employer Vigilance

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    The U.S. Supreme Court’s recent Muldrow v. St. Louis ruling expands the types of employment decisions that can be challenged under Title VII, so employers will need to carefully review decisions that affect a term, condition or privilege of employment, say attorneys at Morgan Lewis.

  • 6th Circ. Bias Ruling Shows Job Evaluations Are Key Defense

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    In Wehrly v. Allstate, the Sixth Circuit recently declined to revive a terminated employee’s federal and state religious discrimination and retaliation claims, illustrating that an employer’s strongest defense in such cases is a documented employment evaluation history that justifies an adverse action, says Michael Luchsinger at Segal Mccambridge.

  • Navigating Harassment Complaints From Trans Employees

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    The Eleventh Circuit's recent decision in Copeland v. Georgia Department of Corrections, concerning the harassment of a transgender employee, should serve as a cautionary tale for employers, but there are steps that companies can take to create a more inclusive workplace and mitigate the risks of claims from transgender and nonbinary employees, say Patricia Konopka and Ann Thomas at Stinson.

  • Employer Considerations Before Title IX Rule Goes Into Effect

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    While the U.S. Department of Education's final rule on Title IX is currently published as an unofficial version, institutions and counsel should take immediate action to ensure they are prepared for the new requirements, including protections for LGBTQ+ and pregnant students and employees, before it takes effect in August, say Jeffrey Weimer and Cori Smith at Reed Smith.