Discrimination

  • January 27, 2022

    3 Workers Can Accuse Union Of Distress In Race Bias Suit

    A Louisiana federal judge ruled Thursday that three out of seven workers accusing a plumbers union of racial discrimination can proceed with claims that the union's behavior constituted intentional infliction of emotional distress in violation of state law.

  • January 27, 2022

    NJ Judge Must Undergo Psych Exam In Workplace Bias Suit

    A New Jersey magistrate judge ruled Thursday that a state court judge must undergo a psychiatric evaluation in order to level the playing field for judiciary officials fighting her claims that workplace bias left her emotionally distressed.

  • January 27, 2022

    Workers Will Tell House Of Washington NFL Team Misconduct

    Former Washington Football Team employees are going to Capitol Hill to share "firsthand accounts" of the workplace misconduct in the team's front office after few details from an investigation by the law firm Wilkinson Stekloff LLP were released publicly by the NFL last year.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    6 Breyer Opinions & Dissents Employment Attys Should Know

    Justice Stephen Breyer announced Thursday that he will retire from the U.S. Supreme Court after more than 27 years, leaving behind a legal legacy that includes notable decisions on labor and employment law.

  • January 27, 2022

    Judge Says Bid To Nix EEOC Suit 'Wasted Everyone's Time'

    A California federal judge forcefully rejected a now-defunct cellphone company's push Thursday to get a U.S. Equal Employment Opportunity Commission sexual harassment lawsuit thrown out, labeling the motion a "baseless" waste of time.

  • January 27, 2022

    Boston Police, Fire Unions Win Brief Stay Of Vaccine Mandate

    A Massachusetts intermediate-level appeals court on Thursday paused Boston Mayor Michelle Wu's requirement that all city employees get COVID-19 vaccines, as the justice reviews a lower court's decision to not grant an injunction for police and fire unions challenging the policy.

  • January 27, 2022

    Alsup Fears $50M Pinterest Workplace Deal May Be 'Cosmetic'

    U.S. District Judge William H. Alsup said Thursday he's inclined to greenlight Pinterest's $50 million deal resolving derivative shareholder litigation alleging discriminatory workplace conditions, but expressed several concerns, saying he's seen "cosmetic settlement after cosmetic settlement" and "this kind of looks like that scenario."

  • January 27, 2022

    Ex-Illinois DOT Worker Says Boss Called Him 'Geriatric Reject'

    A 60-year-old former highway maintainer slapped the Illinois Department of Transportation with an age and sex discrimination suit Thursday, alleging that his supervisor harassed him and called him a "geriatric reject."

  • January 27, 2022

    Amazon Says It Never Denied Requests For Accommodations

    Amazon urged a federal judge to toss a proposed class action claiming it violated California law by making employees take leave rather than granting them disability accommodations, saying the ex-worker behind the case refused to help the company find a solution to her foot pain.

  • January 27, 2022

    6th Circ. Upholds Trucker's Loss In ADA Bias Appeal

    A Sixth Circuit panel affirmed a win for a trucking company, an occupational health center and a Teamsters local in a trucker's disability discrimination lawsuit, ruling that the man's sleep apnea does not constitute a disability protected by the Americans with Disabilities Act.

  • January 27, 2022

    Job Applicants' Age Bias Claims Unfounded, Eli Lilly Says

    Eli Lilly urged a federal judge to toss out a proposed collective action claiming the company favors younger applicants for sales representative jobs, saying the would-be workers behind the complaint hadn't shown that their age led to them not getting hired.

  • January 27, 2022

    Amazon Can't Escape Criminal History Bias Suit

    A New York federal judge refused to toss out a proposed class action claiming applicants with criminal convictions are illegally boxed out of jobs at Amazon subsidiary Whole Foods, saying the would-be worker sufficiently claimed Amazon and Whole Foods qualified as prospective employers.

  • January 27, 2022

    Mass. Pays $425K To Settle Court Clinician's Harassment Suit

    Massachusetts is paying $425,000 to a court clinician to resolve claims that a state court judge coerced her into a sexual relationship and then got her fired when she sought to end the affair, the social worker's attorney said Thursday.

  • January 27, 2022

    NJ Judge Wins Disclosure Of Internal Memos In Pension Suit

    A New Jersey state judge on Thursday cleared a fellow state jurist to publicly disclose two internal memos in pursuing a lawsuit alleging state judiciary officials engineered the state Supreme Court's denial of her disability pension application, rejecting their stance that such materials must remain under wraps.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Calif. Justices Back Worker-Friendly Test For Retaliation Suits

    Trial courts should use an evidentiary standard drawn from state law when evaluating whistleblower retaliation cases brought under California's labor code instead of a more stringent burden-shifting test commonly applied in federal discrimination suits, the California Supreme Court ruled Thursday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    6th Circ. Upholds VA's Win In Nurse's Race, Sex Bias Suit

    A former U.S. Department of Veterans Affairs nurse didn't prove the department retaliated against her after she filed two complaints with the U.S. Equal Employment Opportunity Commission, the Sixth Circuit said Wednesday, affirming a lower court's decision to toss her suit alleging race and sex discrimination.

  • January 26, 2022

    IBM Says Ex-Worker's Retaliation Suit 'Defies Common Sense'

    A former IBM supervisor was fired because he failed to adjust a subordinate's commission payments, not as punishment for complaining that an Arab American colleague wasn't getting fair treatment, the company told a Texas federal court.

  • January 26, 2022

    Aramark Must Face Sex Bias Suit From Former Exec.

    A Pennsylvania federal court rejected food service company Aramark's bid to throw out a longtime executive's suit claiming her gender got her fired, ruling that her claims that she had to work in a sexist "boys club" atmosphere at the Philadelphia Phillies ballpark should go to trial.

  • January 26, 2022

    Atty's Parental Leave Row Fit For Arbitration, 1st Circ. Says

    The First Circuit on Wednesday refused to revive an attorney's sex discrimination lawsuit claiming he was fired for taking parental leave, adopting a Boston federal judge's explanation that a hiring letter mandated arbitration.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

Expert Analysis

  • 10 DOL Policy And Enforcement Priorities To Expect In 2022

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    This year, it’s likely the U.S. Department of Labor will approach policy and enforcement aggressively, with a focus on issues like employee classification, overtime exemption, Employee Retirement Income Security Act fiduciary duties, and more, say Timothy Taylor and Tessa Tilton at Holland & Knight.

  • Mass. At-Will Termination Gets Complex For Employers

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    The Massachusetts Supreme Judicial Court's recent decision in Meehan v. Medical Information Technology protects at-will employees from termination when they respond to legitimate performance critiques from supervisors in an intemperate and contentious manner, making a no-brainer firing decision much more fraught, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • Regulation Of AI Hiring Tools Is A Work In Progress

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    As the U.S. Equal Employment Opportunity Commission works on guidance for the use of artificial intelligence in hiring and states try to fill in the gaps via legislation, employees and applicants continue to lack the necessary awareness to challenge discrimination caused by these technologies, say Christine Webber and Samantha Gerleman at Cohen Milstein.

  • Avoiding The Most Common Employee-Termination Mistake

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    The recent surprising firing of an NFL head coach brings awareness to the importance of the termination process, making it a good time to consider how managers can ensure an employee isn’t blindsided when terminated for performance issues, which reduces the likelihood that the employee will cry foul, says Kenneth Winkler at Berman Fink.

  • Employer's Agenda: Toyota Counsel Talks Worker Retention

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    Michael Martinez, managing counsel for labor and employment at Toyota Motor North America, discusses how companies and in-house counsel can address the pandemic-related labor shortage, and avoid common pitfalls when implementing wage increases, remote work setups and other well-meaning efforts to attract new workers.

  • What Workplace Class Settlement Trends Mean For 2022

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    2021 saw the value of workplace class action settlements reach an all-time high, and employers should prepare for an increasingly challenging legal environment in the coming year, with more class litigation and higher settlement demands as a determined plaintiffs bar, a pro-labor White House and an ongoing pandemic pave the way for fresh pressures, say Gerald Maatman and Jennifer Riley at Seyfarth.

  • Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

  • What High Court Rulings Mean For Employer Vax Mandates

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    While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

  • Workplace AI Raises Issues Only Legislators Can Address

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    The U.S. Equal Employment Opportunity Commission recently announced plans to study the use of AI in hiring decisions, but the trade-off between accuracy and disproportionate outcomes for protected classes can only be addressed by legislatures, not courts or administrative agencies, says Stephen Fink at Holland & Knight.

  • Settling Bias Claims: Q&A With Lewis Brisbois' Brian Pete

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    Lewis Brisbois partner Brian Pete answers questions from Elias Kahn at LexisNexis about trends in executing settlement and severance agreements for employment discrimination, harassment and retaliation claims.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Top 10 Employer Resolutions For 2022: Part 2

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy continue their discussion of employer priorities for the new year, including plans to mitigate discrimination claims from remote workers, ensure LGBTQ inclusion, adapt vacation policies and more.

  • Top 10 Employer Resolutions For 2022: Part 1

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    Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy discuss how a constantly changing employment law landscape — especially concerning COVID-19 issues — requires employer flexibility when addressing priorities for the new year.