Discrimination

  • December 08, 2021

    Security Contractor Strikes $1.2M Deal In DOL Pay Bias Probe

    A security services provider has agreed to pay $1.2 million after the U.S. Department of Labor's contractor bias watchdog accused the company of underpaying droves of female, Black and American Indian guards in Manhattan, the department said Wednesday.

  • December 08, 2021

    Ga. Atty Accuses State Agency Of Sex, Race Bias In Pay Suit

    A Georgia transactions lawyer has brought employment, sex and race discrimination claims against the state government department where she used to work and its leaders, alleging they paid her $25,000 less than a white male counterpart with not as much experience.

  • December 08, 2021

    DOD Pay Info Demand OK'd In American Airlines Benefits Suit

    A Pennsylvania federal court on Wednesday issued a subpoena for compensation data from the U.S. Department of Defense, following a joint request earlier this month from American Airlines and a class of pilots who allege they were shorted pay and benefits during military leave.   

  • December 08, 2021

    Union Says NYC Can't Summarily Fire Unvaccinated Teachers

    The United Federation of Teachers urged a federal judge to prevent the New York City Department of Education from firing public employees who do not comply with the agency's vaccine mandate without a disciplinary hearing under state law.

  • December 08, 2021

    NJ Judge Can't Avoid More Surveillance In Pension Suit

    A New Jersey state judge on Wednesday shot down a fellow jurist's bid to prohibit state judiciary officials from conducting further surveillance of her with respect to her lawsuit alleging they engineered the state Supreme Court's denial of her disability pension application, citing the physical component of her claims.

  • December 08, 2021

    Comcast Worker Says Boss Forced Slur-Ridden Rap On Him

    A Black customer service worker at a Comcast unit hit the telecommunications giant with a federal race discrimination lawsuit, claiming he was forced to listen to his supervisor's son's slur-filled rap lyrics, told he resembled a serial rapist and lost out on a raise.

  • December 07, 2021

    Microsoft Settles Claims Of Bias Against Noncitizens In Hiring

    Microsoft has inked a deal resolving the U.S. Department of Justice's claims that the tech giant discriminated against non-U.S. citizens during the early stages of its hiring process, agreeing to revamp portions of its hiring procedures and pay roughly $17,400 in civil penalties, the Justice Department announced Tuesday.

  • December 07, 2021

    Fired Philly Worker's 'Personal Staff' Role Can't Bar ADA Claim

    A federal judge refused to toss a lawsuit from a former Philadelphia councilman's assistant who claimed she was fired for reporting harassment and taking time off for therapy, rejecting the city's argument that her status as "personal staff" meant she couldn't invoke the Americans with Disabilities Act.

  • December 07, 2021

    Judge Who Brought Bias Suit Fights Bid For Psych Exam

    A New Jersey judge suing state officials to allege sex discrimination urged a federal court Tuesday not to force her to undergo a psychiatric evaluation, arguing that the defendants wanted her to take a needlessly lengthy trip to be examined. 

  • December 07, 2021

    3 Takeaways From 4th Circuit's Equal Pay Act Wage Ruling

    A Fourth Circuit ruling that the metric for determining sex-based discrimination under the Equal Pay Act is pay rate, not total wages, clarifies how courts should analyze such claims, workers' attorneys said, though management-side attorneys questioned how applicable the ruling is to other cases.

  • December 07, 2021

    Judge Stays Challenges To Pa. County's Vaccine Mandate

    A Pittsburgh federal judge has paused two lawsuits challenging Allegheny County, Pennsylvania's employee vaccine mandate while the Pennsylvania Labor Relations Board decides whether the mandate should have been subject to bargaining with the county's unions.

  • December 07, 2021

    Amazon Urges Judge To Toss Mistaken Military Leave Claim

    Amazon urged a New York federal court to toss a former employee's paid military leave suit, arguing that it wasn't malicious intent that left the worker without leave, just a mistake that has been corrected.

  • December 07, 2021

    Black Worker Accuses Event Planning Co. Of Hairstyle Bias

    A Black applicant who says an event planning outfit refused to rehire him after a pandemic furlough because he didn't cut his hair has slapped the company with a suit in California court under the state's trailblazing hairstyle discrimination law.

  • December 07, 2021

    Google Executive Seeks Win In Wage Gap Suit

    A Google executive urged a New York federal judge to hand her a win on claims the tech giant committed pay discrimination, arguing she and a male colleague performed similar work, but she was paid less.

  • December 07, 2021

    McDonald's Escapes Would-Be Class Sex Harassment Suit

    A federal judge rejected a group of workers' bid to hold McDonald's Corp. responsible for what they called pervasive sexual harassment, finding the fast food giant wasn't their joint employer while refusing to narrow their claims against two franchisees.

  • December 07, 2021

    9th Circ. Won't Rehear Ex-Tinder Exec's Arbitration Loss

    The Ninth Circuit denied a former Tinder executive's request for the full court to reconsider a panel decision that she must arbitrate her claims that the dating app company fired her for speaking out about her sexual assault by the company's former CEO.

  • December 07, 2021

    Ga. Judge Blocks Contractor Vaccine Mandate Nationwide

    A Georgia federal judge on Tuesday issued a nationwide injunction blocking the COVID-19 vaccine mandate for federal contractors from going into effect, ruling the Biden administration had likely exceeded its procurement authority.

  • December 06, 2021

    NYC 'Preemptive Strike' May Help Get Vax Rules To High Court

    New York City Mayor Bill de Blasio said Monday that the Big Apple will require private employers to ensure all their workers are vaccinated against COVID-19, setting the stage for a potential battle that could heighten the chances of the U.S. Supreme Court weighing in on whether workplace vaccine mandates are legal.

  • December 06, 2021

    11th Circ. Denies Fla. Bid To Halt Fed Health Workers Vax Rule

    The Eleventh Circuit said Monday that the Centers for Medicare and Medicaid Services' interim rule mandating COVID-19 vaccinations for covered health care staff falls within its authority and was reasonably implemented, denying Florida's bid to halt the measure pending the state's legal challenge.

  • December 06, 2021

    5th Circ. Shuts Down MD Anderson Worker's ADA Suit

    A federal judge dropped the ball when he said MD Anderson Cancer Center had to face a fired employee's Americans with Disabilities Act suit, the Fifth Circuit ruled, finding the hospital hadn't given up sovereign immunity by accepting federal funds.

  • December 06, 2021

    9th Circ. Won't Revisit Feds' Win In Tribal Exec's Firing Suit

    The Ninth Circuit has refused to rethink a circuit panel's decision to uphold an early win for the federal government in a suit by a former executive for the Sauk-Suiattle Indian Tribe of Washington's health clinic challenging his firing.

  • December 06, 2021

    NLRB Says Whole Foods Disciplined Workers Over BLM Gear

    Whole Foods unlawfully fired at least five workers and disciplined others for violating a dress code meant to prevent employees from wearing masks and other garb supporting Black Lives Matter, National Labor Relations Board prosecutors said in a sprawling board complaint.

  • December 06, 2021

    Davis Polk Again Seeks End To Associate Discrimination Case

    A dive into the track record of a former Davis Polk & Wardwell LLP associate has uncovered "no witness or document" backing his story that he was pushed out for raising concerns about race and diversity, the firm told a New York federal court on Monday.

  • December 06, 2021

    High Court Turns Away Creighton Medical Resident's Bias Suit

    The U.S. Supreme Court declined Monday to take up an age and disability bias suit from a former Creighton University doctor-in-training who said the school's claim that it dismissed her from its residency program for making a mistake was a cover for discrimination.

  • December 03, 2021

    Feds Seek To Stay Order Blocking Contractor Vax Mandate

    The U.S. Department of Justice asked a Kentucky federal judge on Friday evening to hold off blocking President Joe Biden's COVID-19 vaccine mandate for federal contractors while it appeals the order, saying the injunction risks nationwide productivity disruptions.

Expert Analysis

  • 10 Developments That Shaped Employment Law In 2021

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    Attorneys at Proskauer count down 10 of the most influential employment law developments of the year, each of which is profoundly affecting employers' risk calculations and workplace practices with their employees, with California becoming an even more challenging jurisdiction.

  • Courts Must Recognize Title VII 'Terms And Conditions' Claims

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    For too long, courts have narrowly interpreted Title VII by categorically dismissing claims of discrimination in terms, conditions and privileges of employment, but recent cases have produced hopeful momentum toward changing the long-standing, extratextual doctrines that have failed to enforce the statute's promise to eradicate workplace discrimination, says Carolyn Wheeler at Katz Marshall.

  • Employer Retaliation Refresher In Light Of EEOC Virus Update

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    A recent update to the U.S. Equal Employment Opportunity Commission’s COVID-19 technical guidance clarifies that anti-retaliation principles apply to pandemic-related discrimination complaints, presenting employers with an opportunity to reprise some fundamental risk management practices, says Kenny Broodo at Foley & Lardner.

  • Employer Best Practices For Biometrics Compliance: Part 2

    Excerpt from Practical Guidance
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    Attorneys at Hunton outline the major court rulings affecting companies’ use of employee biometric information as well as proposed legislation in this arena, and provide guidance on audits, third-party agreements, training and more.

  • Employer Best Practices For Biometrics Compliance: Part 1

    Excerpt from Practical Guidance
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    As the legal landscape shifts around technology that allows companies to collect their employees' biometric information for purposes like timekeeping and security, employers must understand their obligations under state and federal law regarding consent, retention and more, say attorneys at Hunton.

  • Cannabis Ruling Guides Pa. Employers On Bias Claims

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    A Pennsylvania federal court’s recent decision in Reynolds v. Willert Manufacturing exemplifies how employers may overcome workers’ discrimination claims under the state’s Medical Marijuana Act, but companies should pay close attention to compliance as more cities and states bar preemployment cannabis testing, say Ruth Rauls and Matthew Smith at Saul Ewing.

  • 9th Circ. Jurisdiction Ruling Guides On Class Action Strategy

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    The Ninth Circuit's recent decision revoking class certification in Moser v. Benefytt punted on personal jurisdiction questions left by the U.S. Supreme Court’s Bristol-Myers decision, but provides some guidance on how to raise jurisdictional defenses in nationwide class actions, say attorneys at Dechert.

  • What Employers Should Know About Title VII Carveout Ruling

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    Despite a recent Texas federal court decision in Bear Creek v. U.S. Equal Employment Opportunity Commission granting a religious exception to LGBTQ workers' Title VII rights, the odds of a flood of similar defenses are slim, and employers should take heed that arguing for religious exceptions remains an expensive gamble, say Heather Sherrod and Shauna Clark at Norton Rose.

  • 5 Tips For Navigating The Vax-Or-Test Mandate

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    To help implement the long-awaited, but potentially fluid, COVID-19 emergency temporary standard detailing the federal vaccine-or-testing mandate, big employers should consider a series of strategies that balance flexibility with preparedness, say attorneys at Greenwald Doherty.

  • Case Law, EEOC Guidance Bolster Employer Vax Mandates

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    Despite legal and logistical challenges presented by employees not vaccinated against COVID-19, recently updated guidance from the U.S. Equal Employment Opportunity Commission, as well as court decisions skeptical of workers’ efforts to avoid inoculation, provide ample support for companies that choose to issue mandates, say Sarah Turner and Robert Gillette at Gordon Rees.

  • NFL Should Have Monitored Emails To Prevent Hate Speech

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    The National Football League, now facing the fallout from recent reports that power brokers used hate speech in emails going back decades, should have taken proactive steps to monitor and police workplace communications, because all employers must weed out such discriminatory behavior — starting at the top, says Arash Homampour at the Homampour Law Firm.

  • Employer Lessons From Facebook's Anti-US Bias Settlement

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    After Facebook’s recent record-setting settlement with the U.S. Departments of Justice and Labor addressing allegations of hiring discrimination that favored visa holders over U.S. workers, employers that process permanent labor certifications should review their recruitment methods for potential Immigration and Nationality Act liability, say attorneys at Faegre Drinker.

  • Walmart Deal Could Signal New Wave Of Military Leave Claims

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    While commercial airlines have faced the brunt of paid leave claims under the Uniformed Services Employment and Reemployment Rights Act, Walmart’s recent $10 million class action settlement may represent the beginning of a second wave of military leave lawsuits against nonairline companies with certain risk factors, says Joe Skinner at Husch Blackwell.