Discrimination

  • June 29, 2022

    Thompson Coe Boosts Energy Practice With Oil And Gas Atty

    Thompson Coe Cousins & Irons LLP has added an oil and gas attorney to its Houston office who will focus on a number of issues including personal injury and property loss, the firm announced Wednesday.

  • June 29, 2022

    Boeing Can't Escape Fired Worker's Intentional Distress Claim

    An Illinois federal judge cut most of an ex-Boeing employee's claims that his supervisors terminated him for taking extended disability leave but left Boeing on the hook for his allegation that the company purposely caused emotional distress by stringing him along only to fire him when he tried to return.

  • June 29, 2022

    Baker Donelson Adds Atty To Labor And Employment Group

    Baker Donelson Bearman Caldwell & Berkowitz PC added a new counsel to its labor and employment practice group who said the firm's work-life balance approach helped her make the move.

  • June 29, 2022

    Chicago Firm's Ex-CFO Says Race Bias Forced Her Out

    A Hispanic former chief financial officer for a Chicago-based law firm said an executive would regularly make racially discriminatory comments and paid her less than other employees after she reported the remarks, according to a complaint in Illinois federal court Wednesday.

  • June 29, 2022

    Justices Say Texas Not Immune To Military Discrimination Suit

    The U.S. Supreme Court ruled Wednesday that state employers do not have sovereign immunity to a military anti-discrimination law, reviving a former Texas state trooper's allegations that he was unlawfully forced out of his job due to injuries from his Army service.

  • June 28, 2022

    Judge Skeptical Of Sikhs' Suit Over Marine Corps Beard Ban

    Three Sikhs suing to block the Marine Corps from forcing them to shave their beards while in basic training faced strong skepticism on Tuesday after a D.C. federal judge repeatedly suggested the prospective recruits could join other branches of the military that have relaxed boot camp rules.

  • June 28, 2022

    Ogletree Recruits 3 Employment Attys From Fisher Phillips

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC selected three attorneys from Fisher Phillips for its Cleveland office, Ogletree said in a press release.

  • June 28, 2022

    NY Law Firm Beats Malpractice Claim In 'Doxxing' Suit

    A New Jersey federal judge has tossed a legal malpractice claim by an ex-Teamster who accused his union's New York law firm of failing to properly contest his firing from the New York Daily News after a purported left-wing activist exposed his personal information on Twitter to "dox," or harass, him.

  • June 28, 2022

    4th Circ. Backs School In Special Ed Asst.'s Harassment Case

    A Fourth Circuit panel on Tuesday upheld a lower court ruling in favor of a Virginia public school district over a special education teacher who said she was repeatedly sexually harassed by a young student, finding a reasonable educator in her position would have seen the behavior as to be expected.

  • June 28, 2022

    Texas Agency May Have To Face Ex-Managers' Bias Suit

    A Texas federal judge said Tuesday he won't toss allegations that a state agency terminated two training managers because of their age and for taking medical leave, but told the workers the 11th Amendment may prevent the case from going much further unless they fix their suit.

  • June 28, 2022

    Security System Co. Hit With Pay Practice Sex Bias Suit

    A company that produces and sells surveillance and security systems favored male sales workers over women and illegally fired a female employee who stood up for herself, according to a lawsuit filed in Georgia federal court.

  • June 28, 2022

    Nationals Call Ex-Scout's Suit Over Vax Mandate 'Deficient'

    The Washington Nationals urged a D.C. federal court to dismiss the bulk of a complaint from a fired team scout who refused the COVID-19 vaccine, arguing on Tuesday that the employee's claims of retaliation and disability discrimination are unsupported by facts.

  • June 28, 2022

    11th Circ. Upholds VA's Defeat Of Doctor's Age Bias Suit

    The Eleventh Circuit said Tuesday it won't reopen a doctor's suit alleging that he didn't receive a position with the U.S. Department of Veterans Affairs because of his age, gender and prior employment dispute, ruling he hadn't demonstrated these factors played a part in the VA's decision.

  • June 28, 2022

    Union, Co. Tell 9th Circ. Skycaps' Age Bias Suit Is Preempted

    The Ninth Circuit should back a lower court's ruling that an age discrimination suit from a group of skycaps at Los Angeles International Airport is preempted by federal labor law, a union and employer told the appellate court.

  • June 28, 2022

    Repair Co.'s Mandatory Prayer Meetings Draw EEOC Suit

    The U.S. Equal Employment Opportunity Commission has sued a home repair company that allegedly fired workers for not participating in "cult-like" mandatory prayer meetings, the agency said Tuesday.

  • June 28, 2022

    Tesla Gets Race Bias Suit Kicked To Arbitration

    A California federal court granted Tesla Inc.'s request to require a former employee to arbitrate his lawsuit claiming he was harassed and passed over for promotion because he is Black, rejecting the ex-assistant store manager's argument that the entire agreement was "unconscionable."

  • June 28, 2022

    9th Circ. Won't Upend AT&T Win In Race Bias, Retaliation Suit

    The Ninth Circuit refused to revive a former AT&T employee's lawsuit alleging she was treated harshly because she's Hispanic and fired for requesting leave to care for her sick brother, saying she showed no link between her leave request and termination other than an overlapping time frame.

  • June 28, 2022

    NFL Coaches In Race Bias Suit Want Contracts Mostly Public

    Former Miami Dolphins head coach Brian Flores and two other Black coaches suing the NFL and several teams for alleged race discrimination say their employment contracts should not be fully redacted in filings, arguing the public's interest in having open proceedings is "paramount."

  • June 28, 2022

    5th Circ. Backs Bakery's Win In Sex Bias, Retaliation Suit

    The Fifth Circuit refused to revive a former bakery worker's suit claiming his supervisor fired him as part of a mission to replace male workers with women, saying he hadn't done enough to alert his employer that he thought discrimination was in play.

  • June 27, 2022

    Teachers, Kindergartner Can't Block Fla. Classroom Race Law

    A Florida federal judge Monday ruled that two teachers, a soon-to-be kindergartner and a diversity training consultant, can't preliminarily block a controversial state law — enacted to regulate classroom instruction of race — saying they haven't shown they have standing for injunctive relief.

  • June 27, 2022

    Ex-Tesla Worker Gets New Damages Trial After Bias Win

    A Black former Tesla employee will get a new trial over damages he is owed in his suit alleging he suffered racist abuse at a Tesla factory after he refused to accept an award that had been lowered to $15 million from the $137 million that a jury had granted him last year, a California federal judge ruled Monday.

  • June 27, 2022

    Boston Schools Want Out Of Union's Remote Work Suit

    Boston Public Schools asked a Massachusetts federal judge Monday to scrap a teachers union's COVID-19 lawsuit, saying the union would have to prove each of its members suffered discrimination when they were required to return to work in person despite their health conditions and concerns about the coronavirus.

  • June 27, 2022

    5th Circ. Gives Fed Worker Vax Mandate Suit Another Shot

    The Fifth Circuit on Monday said it will rehear a challenge to President Joe Biden’s 2021 executive order requiring federal workers to receive a COVID-19 vaccine or face termination.

  • June 27, 2022

    Miffed By Briefing, Judge Leaves Most Of DA Bias Case Intact

    A California federal judge on Friday chided a group of prosecutor-plaintiffs and the defense in an employment discrimination case against the Contra Costa County District Attorney's Office, ordering more briefing and threatening to toss any insufficient arguments moving forward.

  • June 27, 2022

    Judge Tosses Black Worker's Racial Bias Suit Against Chrysler

    An Indiana federal court handed Fiat Chrysler a win in a Black employee's race discrimination lawsuit claiming his supervisor harassed him and micromanaged his work as punishment for lodging a complaint, saying the supervisor's "juvenile behavior" didn't create a hostile work environment.

Expert Analysis

  • When You've Got Mail From The EEOC, Open It Without Delay

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    A series of recent federal cases shows the perils of failing to open an email from the U.S. Equal Employment Opportunity Commission in a timely manner, particularly when that email triggers the 90-day deadline to file an employment discrimination lawsuit — which employers can use to their benefit in motions to dismiss, says Juan Hernandez at Baker Donelson.

  • NYC Pay Transparency Law May Fail To Close Wage Gap

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    Peter Glennon at The Glennon Law Firm argues that New York City’s new pay transparency law, requiring employers to post salary information in job listings, creates a number of challenges for businesses, raising the question: Could encouraging the use of existing tools close the wage gap without the need for additional legislation?

  • 5 Tips For Employers Regulating Employee Speech Online

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    A series of recent cases illustrates the challenges businesses face when employees post potentially controversial or offensive content on social media, but a few practical questions can help employers decide whether to take action in response to workers’ online speech, says Aaron Holt at Cozen O'Connor.

  • Chicago Cos. Must Prepare For New Sex Harassment Law

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    A Chicago ordinance taking effect next week imposes new requirements on employers around preventing sexual harassment in the workplace, so in-house employment counsel and human resources professionals should take several compliance steps and invest in efforts to foster respectful workplaces, say attorneys at Proskauer.

  • Employers Must Think 3 Moves Ahead In Their Bid For Talent

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    Employers offering ever-increasing incentives to combat today’s labor shortage must not be nearsighted about tomorrow’s risk of recession, and should instead ask themselves three key questions about historical demand and future technology, say Adam Santucci and Langdon Ramsburg at McNees Wallace.

  • ​Boardroom Lessons From Shareholders' Diversity Lawsuits

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    Corporate efforts to promote diversity, equity and inclusion in the workplace are gaining momentum, and shareholder derivative lawsuits offer important lessons on how boards may protect themselves while fostering diverse workforces and safeguarding company goodwill, say attorneys at Covington.

  • How Cos. Can Support Fathers Taking Full Parental Leave

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    Companies should foster a supportive environment for male caregivers, who often are discouraged from taking their entitled parental leave due to gender bias and stereotypes, so employers should brush up on how they can prevent discrimination, say attorneys at Sanford Heisler.

  • DC Circ. Ruling Lowers Bar For Job Transfer Bias Claims

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    While multiple courts have addressed the need to show some level of materiality for an adverse employment action to create a disparate treatment claim, the D.C. Circuit's new Chambers v. District of Columbia decision is the first to discard that requirement, at least in the context of a lateral transfer, and raises numerous issues, says Mary Ruth Houston at Shutts & Bowen.

  • Preparing For NYC's New Pay Transparency Law

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    Recent guidance postponing implementation of New York City’s Pay Transparency Law to Nov. 1 failed to clarify employers' obligation to act in good faith when advertising what they are willing to pay, so employers may want to devote resources to up-front evaluations of salary ranges, say John Litchfield and Paul King at Foley & Lardner.

  • Employers Must Prepare For Revival Law Sex Abuse Claims

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    Laws temporarily reopening litigation windows for sexual abuse cases, like New York's recently enacted Adult Survivors Act, leave employers with a number of defenses against vicarious liability, but it is imperative that organizations investigate potential exposure before relevant window periods take effect, say attorneys at Troutman Pepper.

  • Employers Must Heed Trend Toward Hairstyle Bias Bans

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    Given the U.S. House of Representatives’ recent passage of a bill that would ban race-based hair discrimination in workplaces, as well as the proliferation of similar legislation in states, employers should review their grooming and appearance policies to ensure they are facially neutral and to eliminate any proxies for race, say Iván Resendiz Gutierrez and Rebecca Schach at Miller Nash.

  • Navigating Sexual Harassment Investigations After #MeToo

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    Ellen Holloman at Cadwalader and judicial law clerk Hyungjoo Han provide an overview of the legal issues implicated by the #MeToo movement and address best practices for conducting sexual harassment workplace investigations.

  • Employers Must Heed Range Of Legal Issues Posed By AI

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    Given the growing use of artificial intelligence-based hiring and evaluation software during the pandemic, and regulators’ increasing scrutiny of algorithmic tools, employers must balance the promises of these technologies with myriad legal issues, from employment discrimination claims to data breach obligations, says Lauren Daming at Greensfelder Hemker.