Discrimination

  • April 16, 2024

    J&J Must Face Scientist's Pregnancy Discrimination Suit

    Johnson & Johnson can't escape a scientist's lawsuit alleging it terminated her because she was pregnant so it could avoid paying her salary while on maternity leave, with a New Jersey federal judge ruling her allegations were detailed enough to stay in court.

  • April 16, 2024

    6th Circ. Won't Rehear White Ex-Kroger Manager's Bias Case

    A former manager for Kroger will not get to argue his claims he was fired because he is a white man before the full Sixth Circuit, according to a new order, letting stand the appellate court's decision to dismiss the former manager's claims.

  • April 16, 2024

    Texas Auto Dealership Resolves EEOC Cancer Bias Suit

    A Texas automotive dealership has agreed to pay $325,000 to end a U.S. Equal Employment Opportunity Commission lawsuit alleging it fired a 65-year-old executive after he was diagnosed with cancer to avoid covering his medical bills, according to a filing in Texas federal court.

  • April 16, 2024

    Builder Ends EEOC Suit Accusing It Of Firing White Worker

    A manufactured-home builder will pay $135,000 to end a U.S. Equal Employment Opportunity Commission lawsuit accusing it of firing a white worker because he has a multiracial family and refused to take part in conversations belittling Black people, the agency said Tuesday.

  • April 16, 2024

    Shulman Rogers Opens In Baltimore With Bowie & Jensen Trio

    Washington, D.C.-area firm Shulman Rogers PA announced that it hired a trio of former Bowie & Jensen LLC attorneys to lead the firm's expansion to Baltimore, where it plans to open a new office in the near future.

  • April 16, 2024

    5th Circ. Won't Disturb County Win In Officers' Retaliation Suit

    The Fifth Circuit declined to reinstate constitutional claims from officers who said a constable punished them for not supporting his reelection campaign, upholding a finding that a Texas county can't be held liable for his actions.

  • April 16, 2024

    Va. Hospital System Beats COVID Vaccine Bias Suit

    A Virginia healthcare system defeated a suit claiming it unlawfully refused to excuse two Christian employees from its COVID-19 vaccination requirement, with a federal judge finding they could have taken a version of the vaccine that didn't conflict with their religious beliefs.

  • April 15, 2024

    Conn. Court Should Allow Award For PTSD Firing, Agency Says

    Connecticut's state human rights watchdog has urged a state court to uphold a $62,000 award in favor of a Charter Communications worker who says she was fired because she had post-traumatic stress disorder, arguing that the decision followed sound legal principles and the judicial branch should defer to the agency's ruling.

  • April 15, 2024

    Tesla Workers' Atty Rips Claim Of Influence Over State Agency

    Counsel representing a putative class of roughly 6,000 Black Tesla workers alleging the automaker has allowed racism to run rampant at its California factory fired back during a class certification hearing Monday, calling Tesla's suggestion that plaintiffs counsel are driving the state's civil-rights litigation "beyond preposterous."

  • April 15, 2024

    Hospital To Pay $45K To Resolve EEOC Racial Slur Firing Suit

    A North Dakota hospital will pay $45,000 to resolve a lawsuit the U.S. Equal Employment Opportunity Commission lodged accusing it of firing a Black nurse's aide less than a week after she reported that a colleague had called her the N-word, the agency announced Monday.

  • April 15, 2024

    10th Circ. Backs Kansas Hospital's Disability Bias Suit Win

    The Tenth Circuit refused Monday to revive a doctor's lawsuit claiming a Kansas hospital refused to let him work after he was diagnosed with minor neurocognitive disorder, finding it was unreasonable to expect the medical center to pay over $1 million for another physician to supervise him.

  • April 15, 2024

    Harvard Says Antisemitism Case Not 'Legally Appropriate'

    Harvard University has said a lawsuit seeking to force it to submit to court-ordered monitoring and other conditions following allegations of antisemitism on campus "is neither an effective nor legally appropriate vehicle" to address the issue.

  • April 15, 2024

    Jury Sides With Ala. City Education Board In Pay Bias Suit

    An Alabama federal jury rejected a former athletic director's gender bias suit alleging she was paid less than male colleagues and demoted by an Alabama school board, four months after the case was revived by the Eleventh Circuit.

  • April 15, 2024

    Iowa Justices Nix Social Worker's $790K Harassment Suit Win

    The Iowa Supreme Court overturned a social worker's $790,000 jury trial win in her lawsuit accusing Iowa's Department of Human Services of allowing a male supervisor to make sexualized comments to her and other female employees, saying she couldn't rely on other workers' experiences to prove her case.

  • April 15, 2024

    Google Says Worker Fired Over Threats, Not Bipolar Disorder

    Google told a California federal court it should toss a lawsuit alleging the tech giant fired an employee because he took medical leave due to his bipolar disorder, arguing he was let go because of threatening emails he sent rather than his mental illness.

  • April 15, 2024

    Long Island Debt Collector Settles Disabled Worker's Bias Suit

    A Long Island debt collection law firm told a New York federal judge it reached a settlement in principle Monday to end a former employee's suit alleging the firm discriminated against her by failing to give her accommodations after a car accident and then terminating her.

  • April 15, 2024

    High Court Turns Away Fired Male Doctor's Sex Bias Suit

    The U.S. Supreme Court refused Monday to review a cardiologist's unsuccessful gender bias suit alleging he was fired after being falsely accused of mistreating female colleagues, despite his argument that the Second Circuit used the wrong legal standard when it backed the case's dismissal.

  • April 15, 2024

    High Court Won't Take Up Black Librarian's Race Bias Suit

    The U.S. Supreme Court declined Monday to hear a challenge by a Black librarian from Alabama to an Eleventh Circuit decision that shut down her suit alleging she was fired for complaining about a Confederate celebration.

  • April 15, 2024

    1st Circ. Reopens Fired Whole Foods Worker's BLM Mask Suit

    The First Circuit reinstated a lawsuit accusing Whole Foods of unlawfully disciplining and then firing an employee who wore a Black Lives Matter mask at work, overturning the Amazon-owned supermarket chain's pretrial win.

  • April 12, 2024

    UMG Seeks Escape From Woman's Diddy Sex Assault Suit

    UMG Recordings Inc. urged a New York state judge on Thursday to dismiss it from a lawsuit accusing hip-hop mogul Sean "Diddy" Combs and R&B artist Aaron Hall of sexually assaulting a woman in 1990, saying the woman's claims are untimely and have nothing to do with the music company.

  • April 12, 2024

    AAA Wants Dismissal Over Depo No Show For Solar Eclipse

    AAA asked a Florida federal court to toss a former employee's gender discrimination suit after he skipped out on a deposition to watch the solar eclipse, part of a pattern of nonprosecution and delay of the case that AAA says should warrant dismissal.

  • April 12, 2024

    Dunn DeSantis Expands San Diego Office With 7 Attorneys

    Dunn DeSantis Walt & Kendrick LLP recently expanded its San Diego office with the addition of seven employment law attorneys, the firm said in a statement.

  • April 12, 2024

    'Much More Is Coming': Experts See Wave Of AI-Related Suits

    Legal experts speaking Friday at the University of California, Berkeley School of Law's symposium on artificial intelligence and evidence in civil litigation warned that broadening usage and increased regulation will lead to a wave of litigation over the technology, leaving courts to analyze the "black box" of corporate AI algorithms to determine liability.

  • April 12, 2024

    Berry Appleman Faces Disability Bias Suit By Ex-Tech Lead

    Global immigration law firm Berry Appleman & Leiden is facing a disability discrimination suit filed Friday in Texas federal court by its former software tech lead, who says the firm set him up to fail when he sought reasonable accommodations for a coding project due to side effects from his medication.

  • April 12, 2024

    Petition Watch: Judge DQs, 'Excessive' Damages & Price Wars

    A former al-Qaida member has asked the U.S. Supreme Court to clarify disqualification protocol for judges overseeing a case related to their prior work as a government attorney, and energy drink manufacturers want the court to develop a modern-day test to determine if companies qualify as price-discrimination competitors. Here's four high court petitions filed recently that you might've missed.

Expert Analysis

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • The Shifting Landscape Of Physician Disciplinary Proceedings

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    Though hospitals have historically been able to terminate doctors' medical staff privileges without fear of court interference, recent case law has demonstrated that the tides are turning, especially when there is evidence of unlawful motivations, say Dylan Newton and Michael Horn at Archer & Greiner.

  • Anti-DEI Complaints Filed With EEOC Carry No Legal Weight

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    Recently filed complaints against several companies' diversity, equity and inclusion programs alleging unlawful discrimination against white people do not require a response from the U.S. Equal Employment Opportunity Commission, and should not stop employers from rooting out ongoing discriminatory practices, says former EEOC general counsel David Lopez.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • What Minority Biz Law Ruling Could Mean For Private DEI

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    A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.

  • Texas Hair Bias Ruling Does Not Give Employers A Pass

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    A Texas state court’s recent decision, holding that a school could discipline a student with locs for refusing to cut his hair, should not be interpreted by employers as a license to implement potentially discriminatory grooming policies, says Dawn Holiday at Jackson Walker.

  • Broadway Ruling Puts Discrimination Claims In The Limelight

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    A New York federal court's recent decision in Moore v. Hadestown Broadway that the employers' choice to replace a Black actor with a white actor was shielded by the First Amendment is the latest in a handful of rulings zealously protecting hiring decisions in casting, say Anthony Oncidi and Dixie Morrison at Proskauer.

  • Breaking Down California's New Workplace Violence Law

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    Ilana Morady and Patrick Joyce at Seyfarth discuss several aspects of a new California law that requires employers to create and implement workplace violence prevention plans, including who is covered and the recordkeeping and training requirements that must be in place before the law goes into effect on July 1.

  • Studying NY, NJ Case Law On Employee Social Media Rights

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    While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • What Texas Employers Should Know After PWFA Ruling

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    After a Texas federal judge recently enjoined federal agencies from enforcing the Pregnant Workers Fairness Act against the state of Texas, all employers must still remain sensitive to local, state and federal protections for pregnant workers, and proactive in their approach to pregnancy-related accommodations, says Maritza Sanchez at Phelps Dunbar.

  • AI In Performance Management: Mitigating Employer Risk

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    Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.