Discrimination

  • July 23, 2021

    Exec. Fired For Posts Equating Mask Reporting To Nazis Sues

    A former director for Massachusetts' Medicaid administration agency launched a state court suit Thursday claiming she was illegally fired for writing Facebook posts comparing the suggestion that people should report others for not wearing masks during the pandemic to the actions of German Nazis.

  • July 23, 2021

    Justices Urged Not To Give Courts Power Over Certain Awards

    Former financial adviser Denise Badgerow urged the U.S. Supreme Court to find that federal courts do not have the power to confirm or deny arbitral decisions when the only jurisdictional tie is that the arbitration dealt with federal laws.

  • July 23, 2021

    US Soccer Flouts 'Equal Pay For Equal Work,' 9th Circ. Told

    Members of the U.S. women's national soccer team told the Ninth Circuit on Friday they had to far outperform male players in order to earn the same amount, kicking off a closely watched equal-pay appeal that one expert said raises novel legal issues.

  • July 23, 2021

    Goldman Sachs Wants Women's Gender Bias Class Undone

    Goldman Sachs urged a Manhattan federal judge to decertify a class of women associates and vice presidents in a decade-old gender bias case, saying its allegedly discriminatory performance review process was decentralized and couldn't glue the class members together.

  • July 23, 2021

    2nd Circ. Nixes $45M Age Bias Suit Against Investment Firm

    A former real estate head at investment advisory firm Wafra Inc. lost his bid to revive his $45 million age discrimination case against the company Friday after a Second Circuit panel found his claims too flimsy.

  • July 23, 2021

    3rd Circ. Affirms Win For Novo Nordisk On Age Bias Suit

    The Third Circuit has refused to revive a former Novo Nordisk Inc. employee's age bias lawsuit, finding that he failed to show that performance issues he had were just a smokescreen for discrimination.

  • July 23, 2021

    Amazon Probes Bias At Cloud Unit After Workers Sound Alarm

    Amazon hired an outside firm to investigate concerns employees raised in a recent petition of "systemic discrimination, harassment, bullying and bias" at a company unit that assists customers with its cloud-computing services.

  • July 23, 2021

    Black IP Atty Asks Justices To Rule Title VII Covers Partners

    A Black attorney who said she faced sexist and racist backlash after she complained about the way intellectual property firm Myers Bigel PA treated women is urging the nation's highest court to hold that Title VII — the cornerstone federal workplace discrimination law — can cover law firm shareholders.

  • July 23, 2021

    Mario Batali Enabled Harassment At NY Restaurants, AG Finds

    Celebrity chef Mario Batali and restaurateur Joe Bastianich have agreed to pay $600,000 and submit their New York eateries to state oversight for three years after an investigation found they permitted a culture of sexual harassment and retaliation, state Attorney General Letitia James said Friday.

  • July 23, 2021

    OSHA Levels $1M In Fines Over Poultry Plant's Fatal Gas Leak

    The Occupational Safety and Health Administration announced Friday it handed down just under $1 million in penalties against Georgia-based poultry processor Foundation Food Group and three other companies responsible for a Gainesville plant where six workers were killed from a nitrogen leak earlier this year.

  • July 23, 2021

    Court Won't Move Burden To Employers In Discrimination Suits

    The U.K.'s top court ruled Friday that Royal Mail Group Ltd. does not have to face claims that it racially discriminated against an employee who was repeatedly denied promotion, a decision that stems the flow of cases which shifted the burden of proof onto employers.

  • July 22, 2021

    7th Circ. Won't Review Gay Educator's Fight With Archdiocese

    A Catholic archdiocese failed to convince the Seventh Circuit to shut down a high school guidance counselor's case claiming her termination for being married to a woman violated civil rights law, with the panel ruling Thursday that it's too early to intervene in the dispute.

  • July 22, 2021

    Reporter Sues WaPo For Sex Bias Over #MeToo Story Ban

    A political reporter hit The Washington Post and several top editors with a sex discrimination suit Thursday, claiming the paper broke D.C. law by barring her from covering stories about sexual harassment after she spoke out about an assault she endured.

  • July 22, 2021

    NJ Urges Court To Toss Embattled Judge's Latest Bias Suit

    The New Jersey Judiciary on Thursday sought to dismiss a judge's lawsuit claiming her supervisors interfered with her plans to conclude her career on the bench, arguing that the Superior Court lacks the authority to second-guess the state Supreme Court's denial of her retirement bid.

  • July 22, 2021

    5 Tips For Conn. Employers Navigating Pot's New Legality

    Connecticut's recent legalization of adult recreational cannabis use raises numerous legal questions for employers in the state, who are now navigating the discrepancy between state and federal law. Murtha Cullina LLP partner Salvatore G. Gangemi on Thursday explored many of these during a webinar for nonprofit organizations.

  • July 22, 2021

    AT&T, Worker's Attys Dinged For Combative Briefs In Bias Suit

    A federal judge in Indiana admonished the legal teams behind AT&T's mobile phone subsidiary and a fired employee on Thursday for taking a "vituperative tone" in their briefs in a pregnancy discrimination suit and stymieing case progress with "unprofessional conduct."

  • July 22, 2021

    EEOC Settles With Chemical Co. Over Prescription Opioid Firing

    A chemical company has agreed to resolve a U.S. Equal Employment Opportunity Commission suit claiming it violated disability bias law by firing a worker who tested positive for using opioids he was legally prescribed after a car crash.

  • July 22, 2021

    Kaiser Knocks Class Claims Out Of Worker's ADA Suit

    A Georgia federal judge nixed the class claims from a former Kaiser Permanente employee's suit over a worker "competency test," backing a magistrate judge's finding that her pre-suit U.S. Equal Employment Opportunity Commission charge was too narrow to support a class action.

  • July 22, 2021

    ATM Company Beats EEOC's Disability Bias Case

    A Houston federal judge tossed a U.S. Equal Employment Opportunity Commission suit accusing an ATM company of unlawfully firing a worker who suffered a stroke and couldn't lift heavy loads, saying the agency didn't identify a way to keep him on the job.

  • July 21, 2021

    Calif. Agency Accuses Activision Blizzard Of 'Frat Boy' Culture

    Gaming and entertainment behemoth Activision Blizzard has fostered a sexist, "frat boy" workplace culture in which women are not only paid less but also constantly harassed, California's fair employment agency claimed in a suit filed Tuesday in Los Angeles County.

  • July 21, 2021

    7 New State Discrimination Laws Worth Keeping An Eye On

    Although COVID-19 demanded much of state lawmakers' attention over the past year, legislators still found time to enact workplace bias statutes unrelated to the pandemic. Here, Law360 rounds up seven notable state discrimination and harassment laws that employers will soon have to observe.

  • July 21, 2021

    Ex-Fox Host's Atty Defends Filing Explicit Photos In Rape Suit

    A lawyer for ousted Fox News host Ed Henry told a New York federal court on Wednesday that the disgraced media personality's legal team didn't violate the law when they made public several explicit, redacted photos of a former network producer accusing Henry of rape.

  • July 21, 2021

    11th Circ. Says Short Stature Not Shielded By ADA

    The Eleventh Circuit affirmed Wednesday that shortness alone cannot count as a disability, dooming a 4-foot-6-inch worker's lawsuit accusing a car interior manufacturer of discriminating against her by refusing to give her a step stool and firing her.

  • July 21, 2021

    Kaufman Borgeest Snags NY-Based Employment Vet

    Kaufman Borgeest & Ryan LLP added an experienced attorney with nearly three decades of experience working on a variety of employment litigation matters as a partner in its New York office, the firm announced.

  • July 21, 2021

    New Jersey Cases To Watch In 2021: A Midyear Report

    The New Jersey legal industry is poised to receive guidance on arbitration, discovery and litigation time limits as they apply to employment law thanks to cases that advanced during the first half of 2021, including a former state official's whistleblower lawsuit over COVID-19 testing and gender discrimination claims against Fox Rothschild LLP.

Expert Analysis

  • ADA Ruling Guides On Accommodating Telework Requests

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    A recent Tenth Circuit ruling concerning pre-pandemic remote work accommodations in Unrein v. PHC-Fort Morgan, as well as updated guidance from the U.S. Equal Employment Opportunity Commission, provide useful direction on Americans with Disabilities Act compliance as employers face a potential increase in remote work requests related to COVID-19, says Mark Wiletsky at Holland & Hart.

  • Colo. Equal Pay Law Is Raising Job Post Hurdles Nationwide

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    Because a compensation disclosure requirement in Colorado’s new equal pay law also applies to businesses outside of the state with potential to hire remote workers who reside there, employers may want to consider several options to avoid compromising their proprietary payment schemes or methodologies in job ads, says Jonathan Israel at Foley & Lardner.

  • ADA Compliance After 2nd Circ. Short-Term Injury Ruling

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    Disability discrimination lawsuits are likely to increase following the Second Circuit’s recent decision in Hamilton v. Westchester County, which affirmed that temporary injuries are covered under the Americans with Disabilities Act, and could affect accommodations for shorter term conditions — including those resulting from COVID-19, say David Jacoby and Mishell Kneeland at Culhane Meadows.

  • NJ Justices' Ruling Instructs On Hostile Workplace Claims

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    The New Jersey Supreme Court’s recent decision in Rios v. Meda Pharmaceutical serves as a stark reminder that individual offensive comments alone can sustain hostile work environment claims, highlighting for employers an opportunity to reinforce prevention efforts and address relevant claims in a timely manner, say attorneys at Greenberg Traurig.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Employer Lessons From NJ Justices' Disability Claim Ruling

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    The New Jersey Supreme Court’s recent decision in Richter v. Oakland Board of Education clarifies that an adverse employment action is not required to establish a failure-to-accommodate claim under the state’s Law Against Discrimination — a ruling that reinforces the importance of engaging in an interactive process whenever an employer receives a worker's accommodation request, say attorneys at Seyfarth.

  • NFL Vow To End 'Race-Norming' Holds Civil Rights Lessons

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    The NFL’s recent but long-overdue pledge to abandon race-based assessments for concussion settlement claims sheds light for civil rights practitioners on how strategic litigation can effect change, and the need for multipronged advocacy and vigilance against measures that reinforce racial biases, including in damages calculations, say attorneys at Sanford Heisler.

  • Claims That Mandatory Vaccines Are Illegal May Fail In Court

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    A Texas federal judge's strongly worded dismissal of Bridges v. Houston Methodist Hospital, over whether mandatory COVID-19 inoculations violate the law, shows that challenges to private employer vaccine mandates face significant hurdles, say attorneys at Husch Blackwell.

  • Export Reg Confusion May Expose Employers To Bias Liability

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    Increasing investigations by the U.S. Department of Justice into companies’ compliance with the International Traffic in Arms Regulations reveal that employers who misinterpret the breadth of these rules may be on the hook for discrimination liability under the Immigration and Nationality Act, say attorneys at Faegre Drinker.

  • Open Issues 1 Year After Justices' Religious Exemption Ruling

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    On the first anniversary of the U.S. Supreme Court’s ruling in Our Lady of Guadalupe School v. Morrissey-Berru, courts are still grappling with the justices’ expansion of a doctrine that shields religious employers from discrimination liability, and faith-based institutions are facing tricky decisions about their employment models, say Johan Conrod and Whittney Barth at Sanford Heisler.

  • 10 Years Of Dukes

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    In Wal-Mart Stores v. Dukes, the U.S. Supreme Court in 2011 decertified a nationwide class of female Walmart workers who alleged pay and promotion bias under Title VII. In this Expert Analysis series, the attorneys who represented each side before the justices discuss the landmark decision's effect on the class action landscape.

  • What LGBTQ Rights Bills Would Mean For Employers

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    Two bills currently before Congress, the Equality and Be Heard Acts, would codify and expand the Title VII discrimination protections for LGBTQ employees laid out in the U.S. Supreme Court’s 2020 Bostock decision, so employers must be prepared to adjust their policies in crucial ways if these bills become law, say attorneys at Proskauer.

  • 10 Years Of Dukes: A Resounding Class Certification Legacy

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    Gibson Dunn’s Theodore Boutrous and Theane Evangelis, who represented Walmart in Wal-Mart Stores v. Dukes, discuss how the U.S. Supreme Court’s 10-year-old class decertification decision has reverberated through a series of important high court rulings and ensured that class treatment is reserved for the right cases.