Discrimination

  • May 13, 2024

    Tesla Resolves Ex-Worker's Sex Harassment Suit

    Tesla reached a deal with a former production associate to end her lawsuit accusing the company of firing her after she reported that she had been sexually harassed at work, according to a filing Monday in California federal court.

  • May 13, 2024

    Ex-Uber Software Engineer's Bias Suit Kicked To Arbitration

    An Indian former Uber software engineer must arbitrate her suit claiming she was unlawfully disparaged, micromanaged and humiliated by higher-ups including the company's co-founder, after a New York federal judge found her employment agreement requires an arbitrator to decide whether an arbitration provision is enforceable.

  • May 13, 2024

    Medical Pot Patient Drops Discrimination Suit Against US Steel

    A former U.S. Steel Corp. employee who says he was wrongly fired for using medically licensed marijuana off the job has quietly dropped his race and disability discrimination suit against the company, according to a filing in Pennsylvania federal court.

  • May 13, 2024

    Calif. Jury Awards Ex-UCLA Doctor $14M In 2nd Bias Trial

    A California state jury awarded $14 million to a former UCLA oncologist and professor who said she was discriminated against and constructively discharged from her job due to her gender, four years after the state appeals court threw out a $13 million jury verdict from the first trial.

  • May 13, 2024

    11th Circ. Says Ga. County's Trans Health Ban Violates Title VII

    A split Eleventh Circuit panel upheld a win Monday for a transgender sheriff's deputy who challenged a Georgia county health plan's refusal to pay for gender-affirmation surgery, ruling the coverage exclusion violated federal anti-discrimination law.

  • May 13, 2024

    Gay Teacher's Loss Has Silver Lining For LGBTQ Workers

    Although the Fourth Circuit ruled that a Catholic school was legally allowed to fire a teacher because he's gay, the court took a narrow approach that cut off the school's push to give religious employers more power to sidestep anti-bias law.

  • May 13, 2024

    1st Circ. Backs Arbitration In PwC Pregnancy Bias Suit

    The First Circuit said a PricewaterhouseCoopers LLP accountant must arbitrate her suit claiming she received negative evaluations because she requested maternity leave during a high-risk pregnancy, unpersuaded by her claim that she never received an email adding an arbitration agreement to her employment contract.

  • May 13, 2024

    Security Co. Settles EEOC Age, Disability Bias Suit

    A New York City security company will pay $22,500 to close a U.S. Equal Employment Opportunity Commission suit claiming it pressured a worker to retire following a heart attack and fired him when he refused, according to a Monday filing in New York federal court.

  • May 13, 2024

    Oil Co. Ends EEOC Disability Bias Suit Over Opioid Meds

    An oilfield equipment supplier will pay $35,000 to end a suit in Texas federal court by the U.S. Equal Employment Opportunity Commission accusing it of yanking a job offer from a welder because of his opioid use disorder medication, the EEOC said.

  • May 13, 2024

    High Court Skips White Law Prof's Bias Suits Against HBCU

    The U.S. Supreme Court said Monday that it won't review a white former law professor's unsuccessful suits alleging she was harassed out of her job for challenging race-and-gender-based wage inequities at a historically Black university, despite her argument that the Fifth Circuit flouted precedent when it axed her complaints.

  • May 13, 2024

    High Court Won't Consider Ex-Tufts Prof's Retaliation Suit

    The U.S. Supreme Court declined Monday to review a lawsuit brought by a former Tufts University dental professor who said the First Circuit ignored crucial evidence and relied on false information when it shut down claims that she lost a promotion for reporting sexual harassment.

  • May 10, 2024

    3 Things To Know After NJ Nondisparagement Pact Ruling

    The New Jersey Supreme Court recently dealt a severe blow against the use of nondisparagement clauses in deals resolving workplace discrimination claims, with experts saying the justices' stance clears up an ambiguity in state anti-bias law that will result in greater scrutiny being placed on the wording of settlements. Here, experts discuss three things to know about the state high court's ruling.

  • May 10, 2024

    Fla. Agency Forced Resignation Over Mental Illness, Suit Says

    A former employee of a Florida insurance regulatory agency is suing her onetime employer in federal court, alleging a supervisor made her quit after falsely suspecting she may have bipolar disorder.

  • May 10, 2024

    McDonald's Workers Want Class Cert. In Sex Harassment Suit

    A pair of McDonald's workers claiming that the company has allowed sexual harassment to run rampant in its stores asked an Illinois federal judge to certify classes of thousands of women and girls who've worked at Florida locations, arguing that class treatment is the best way to evaluate whether McDonald's has a pattern of tolerating harassment.

  • May 10, 2024

    Mich. Justices Find State Law Bars Firing Friend As Reprisal

    The Michigan Supreme Court held Friday that the state's civil rights law prohibits employers from retaliating against an employee by targeting a coworker who is a friend or family member, reviving two former prison workers' lawsuit against the state.

  • May 10, 2024

    Black Doctor Must Arbitrate Bias Claims Against Hospice Co.

    A Black doctor must arbitrate her claims that she was mistreated by non-Black colleagues at a home healthcare company and fired after raising concerns that it was sidestepping Medicare billing regulations, a California federal judge ruled, finding an arbitration agreement she signed is legitimate.

  • May 10, 2024

    Construction Co. Shakes Black Ex-Worker's Bias Suit

    A Washington federal judge granted a win Friday to a construction company in a Black ex-worker's lawsuit, saying he failed to show he was forced to quit because he complained about his manager's racist comments and not because of the 18 safety warnings he received.

  • May 10, 2024

    Ex-Wayfair Web Designer Says Racism Forced Him Out

    A Black former Wayfair web designer says he faced a workplace "infused by racial discrimination" during his two years with the Boston-based online retailer and suffered retaliation when he complained, according to a suit filed Friday in Massachusetts state court.

  • May 10, 2024

    Disney Can't Dodge Biased Firing Suit, 'Star Wars' Actor Says

    An actor featured in "Star Wars" spin-off series "The Mandalorian" urged a California federal judge to reject Disney's bid to dismiss her suit alleging she was illegally fired for sharing her political views on social media, arguing the company hasn't shown that her posts impeded its artistic expression.

  • May 10, 2024

    X Denies Post-Acquisition Policies Biased Against Women

    X Corp. denied that Elon Musk implemented policies intended to push out women after he took over the social network formerly known as Twitter, telling a California federal court that any layoffs or actions it took were within the confines of the law.

  • May 10, 2024

    Fox Theatre Let Sex Harassment Go Unchecked, Suit Says

    A former worker at Atlanta's Fox Theatre filed a lawsuit this week accusing the historic venue of allowing sexual harassment to run rampant among its ranks, refusing to discipline employees who made lewd comments — and worse — while retaliating against those who complained.

  • May 10, 2024

    Ga. Dept. Of Law, Ex-Paralegal Settle Race Discrimination Suit

    A Georgia federal judge has closed a former paralegal's discrimination and retaliation case against the Georgia Department of Law and a former deputy attorney general now working as a Cobb County Superior Court judge, saying a settlement has been reached. 

  • May 10, 2024

    What To Know About Biden's ACA Nondiscrimination Rule

    Recently finalized regulations tackling what constitutes discrimination under the Affordable Care Act could have significant impacts on health plans that include greater liability for third-party plan administrators, attorneys say. Here are three things employers should know now that the final rule is on the books.

  • May 10, 2024

    NY Forecast: 2nd Circ. Hears Police Officer's Bias Case

    This week, the Second Circuit is scheduled to consider a former Ramapo, New York, police officer's lawsuit claiming the town discriminated against her on the basis of her race and gender when it did not assign her a light duty assignment after she returned to the job from an injury. Here, Law360 explores this and other cases on the docket in New York.

  • May 10, 2024

    King & Spalding Accused Of Anti-White, Pro-LGBTQ Bias

    A straight white woman is suing King & Spalding LLP alleging discrimination after getting the green light from the U.S. Equal Employment Opportunity Commission, claiming she incurred "significant damages" when she was dissuaded from applying to a summer associate program open only to "diverse" applicants.

Expert Analysis

  • 5 New Calif. Laws Employers Need To Know

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    Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • How AI 'Cultural Fit' Assessments Can Be Analyzed For Bias

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    Attorneys at Sanford Heisler explore how the use of artificial intelligence to assess workplace cultural fit may provide employees with increased opportunities to challenge biased hiring practices, and employers with more potential to mitigate against bias in algorithmic evaluations.

  • High Court's Old, Bad Stats Analysis Can Miss Discrimination

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    Courts and practitioners should reconsider a common statistical test for evidence of employment discrimination, created by the U.S. Supreme Court for its 1977 Castaneda and Hazelwood cases, because its “two or three standard deviations” criteria stems from a misunderstanding of statistical methods that can dramatically minimize the actual prevalence of discrimination, says Daniel Levy at Advanced Analytical Consulting Group.

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • In Focus At The EEOC: Emerging And Developing Issues

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    The U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan highlights how the agency will prioritize its limited resources over the next four years, and the most notable emerging issues include ensuring protections for pregnant workers and those dealing with long-term COVID-19 effects, says Jim Paretti at Littler.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • AI Isn't The Wild West, So Prepare Now For Bias Risks

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    In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.

  • AI's Baked-In Bias: What To Watch Out For

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    The federal AI executive order is a direct acknowledgment of the perils of inherent bias in artificial intelligence systems, and highlights the need for legal professionals to thoroughly vet AI systems, including data and sources, algorithms and AI training methods, and more, say Jonathan Hummel and Jonathan Talcott at Ballard Spahr.

  • 'Miss Manners' Scenarios Holds Job Accommodation Lessons

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    Robin Shea at Constangy looks at the potentially negative legal consequences for employers who follow some advice recently given in the Washington Post's "Miss Manners" column, and offers solutions of her own.

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

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    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

  • Handling Religious Objections To Abortion-Related Job Duties

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    While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.

  • Transgender Worker Rights: A Guide For California Employers

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    California employers should know their obligations under overlapping state and federal law to protect the rights of their transgender, nonbinary and gender-nonconforming workers, and implement best practices to avoid discriminating in how they hire and promote, offer medical benefits to, and prevent harassment of these employees, says Michael Guasco at Littler.