Discrimination

  • May 10, 2024

    Axl Rose Shouldn't Escape NY Sex Assault Suit, Model Says

    A former Penthouse model is urging a New York state court not to toss her case alleging Axl Rose sexually assaulted her in 1989, arguing the Guns N' Roses lead singer is making faulty arguments about attempts to serve him with the suit to avoid accountability.

  • May 10, 2024

    Calif. Forecast: 9th Circ. To Hear Ex-Chief's Free Speech Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a former police chief's First Amendment case. Here's a look at that case and other labor and employment matters on deck in California.

  • May 10, 2024

    Mont. Utility Co. Ends EEOC Sex Harassment Suit In $50K Deal

    A utility company has agreed to hand over $50,000 to end a U.S. Equal Employment Opportunity Commission suit filed in Montana federal court claiming it pushed an employee out of her job after she complained that her supervisor propositioned her for sex, the agency announced.

  • May 10, 2024

    Climate Group Settles DOJ Claims It Shut Out Noncitizens

    A Massachusetts-based nonprofit organization focused on climate action agreed to settle claims it discriminated against non-U.S. citizen job seekers including asylees and green-card holders by inviting only U.S. citizens to apply for jobs, the U.S. Department of Justice announced.

  • May 09, 2024

    Judge 'Tempted' To Transfer MLB Scouts' Colo. Age Bias Suit

    A Colorado federal judge said Thursday he was "somewhat tempted" to transfer an age discrimination lawsuit brought by former MLB scouts if he ultimately decides the court doesn't have jurisdiction over out-of-state teams, despite believing they may have a "fairly strong" argument that he can oversee the case against the league itself.

  • May 09, 2024

    Rail Co. Accused Of Retaliation Over FMLA Use

    CSX Transportation Inc. has been hit with a Florida federal lawsuit brought by its workers, who allege in their proposed class action that the rail company discouraged them from lawfully using the Family and Medical Leave Act, including by punishing them for taking advantage of the law.

  • May 09, 2024

    EEOC Can't Revive Race Harassment Claims At 7th Circ.

    The Seventh Circuit rejected on Thursday the U.S. Equal Employment Opportunity Commission's bid to revive claims that 15 Black workers were harassed by staff and residents at an assisted living facility because of their race, finding the mistreatment wasn't egregious enough.

  • May 09, 2024

    1st Circ. Backs EPA's Win In Worker's Retaliation Suit

    The First Circuit refused Thursday to reinstate a lawsuit from an Environmental Protection Agency employee who wasn't promoted after complaining he faced bias because he suffered from post-traumatic stress disorder, saying he hadn't shown his supervisors knew he had PTSD.

  • May 09, 2024

    Feds' Pay Bias Suit Against Wis. Military Affairs Heads To Trial

    A federal judge refused Thursday to grant the Wisconsin Department of Military Affairs a win in a lawsuit brought by the U.S. Department of Justice, saying a jury could find that the state agency lowballed an applicant for a director position because she's a woman.

  • May 09, 2024

    Ga. Fire Department Settles Feds' Race Bias Lawsuit

    A Georgia county has agreed to pay $750,000 to resolve the federal government's lawsuit alleging its use of a written exam and credit checks to select firefighter applicants caused fewer Black job seekers to be hired, according to a Thursday federal court filing.

  • May 09, 2024

    Senate Panel OKs Ban On Mandatory Age Bias Arbitration

    The Senate Judiciary Committee advanced a bill out of committee Thursday that would ban the mandatory arbitration of workplace age discrimination claims in a vote that garnered the support of both Democrats and Republicans.

  • May 09, 2024

    EEOC Vice Chair Says Sex Bias Claims, Arbitration Don't Mix

    U.S. Equal Employment Opportunity Commission Vice Chair Jocelyn Samuels said Thursday that the agency thinks all sex-based harassment claims should be able to avoid mandatory arbitration under federal law, giving credence to a legal theory that could lead to more litigation.

  • May 09, 2024

    Ballard Spahr Atty Among 5 Rimon Arrivals On Both Coasts

    Rimon PC has expanded its offices in New Jersey, Philadelphia, Orlando, San Francisco and San Diego with the addition of five attorneys, bolstering its intellectual property, investment management, real estate, employment and litigation capabilities, the firm announced Thursday.

  • May 09, 2024

    Philly Doctor Loses Bid To Restore $15M Bias Award

    A Philadelphia federal judge on Thursday denied a former Thomas Jefferson University Hospital surgeon's request to reinstate a $15 million jury verdict against his onetime employer, reasoning that the judge would have reached the same conclusion as a previous judge who vacated the award before recusing himself from a new trial.

  • May 09, 2024

    Chancery Tosses Qualcomm Investor's Diversity Suit

    A shareholder who sued Qualcomm Inc. for allegedly misleading the public and investors about its efforts to diversify its board has failed to show that the company didn't consider diverse candidates, Delaware's Court of Chancery said Thursday, dismissing the shareholder's case.

  • May 09, 2024

    Acting Labor Sec. Urges Senate Panel To Back DOL Funding

    Acting Labor Secretary Julie Su on Thursday defended President Joe Biden's U.S. Department of Labor budget, telling a Senate panel that such funding is necessary to recover workers' stolen wages and fight unlawful child labor, among other priorities.

  • May 09, 2024

    Nike Denied Nursing Workers Lactation Spaces, Suit Says

    Nike failed to provide nursing employees with adequate breaks or spaces to express breast milk and told a manager that she was setting a bad example for her team when she asked to pump milk outside of her scheduled breaks, a lawsuit filed in Los Angeles County superior court said.

  • May 09, 2024

    'You Have To Engage,' Judge Tells Attys In Damages Debate

    A Georgia federal judge on Thursday chided attorneys for a man hoping to beat back a challenge to a $3.4 million discrimination verdict he won last year, saying that they needed to put a little more sweat equity into their filings if they hoped to keep their hefty judgment whole.

  • May 09, 2024

    IBM Unit Fired White Man To Meet Diversity Quotas, Suit Says

    A white male employee said software company Red Hat fired him to make room for more women and people of color in its workforce after it announced diversity quotas that he had vocally opposed, according to a suit filed in Idaho federal court.

  • May 09, 2024

    NYC Denies IVF Coverage To Gay Male Workers, Court Told

    New York City unlawfully discriminates against gay male employees by refusing to cover in vitro fertilization under its healthcare plan while providing heterosexual and lesbian workers with those benefits, according to a proposed class action filed Thursday in federal court.

  • May 08, 2024

    Texas Univ. Says Rules, Not Sex Bias, Behind Coach Firing

    The University of Texas Rio Grande Valley pushed back Wednesday against a former assistant tennis coach who accused the school of firing her because of her sexual orientation, arguing that she was dismissed for violating its policy while traveling for a tournament.

  • May 08, 2024

    EEOC Atty Highlights Top PWFA Compliance Challenges

    U.S. Equal Employment Opportunity Commission legal counsel Carol Miaskoff gave her take Wednesday on some notable compliance challenges the Pregnant Workers Fairness Act will pose for employers, pointing to areas where numerous laws may overlap and the requirement that workers core tasks could be paused.

  • May 08, 2024

    EEOC's Lucas Says Worker Groups Can Be A DEI 'Blind Spot'

    Workplace groups, even purely social ones, that restrict membership based on race or sex may be on shaky legal ground in the wake of a recent U.S. Supreme Court ruling, U.S. Equal Employment Opportunity Commission member Andrea Lucas suggested Wednesday.

  • May 08, 2024

    Duke Doctor Partially Resuscitates NC Firing Suit

    The North Carolina state appeals court has partially revived a fired Duke University hospital resident's lawsuit alleging that health care system officials terminated him because of his depression after an inadequate firing-review process that violated an employment contract.

  • May 08, 2024

    Maintenance Co. Can't Dodge Fired Black Worker's Bias Suit

    A Louisiana federal judge declined Wednesday to toss a Black maintenance worker's suit claiming bogus concerns about his performance got him fired, ruling his allegation that a white supervisor called him a racial slur showed that bias might have been in play.

Expert Analysis

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

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    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • In Focus At The EEOC: Eliminating Recruiting, Hiring Barriers

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    While the recruiting and hiring segment of the U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan spotlights the potential discriminatory effects of artificial intelligence, employers should note that it also touches on traditional bias issues such as unlawfully targeted job advertisements and application inaccessibility, say Rachel See and Annette Tyman at Seyfarth.

  • A Look Into The Developing Regulation Of Employer AI

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    Although employers' use of artificial intelligence is still limited, legislators and companies have been ramping up their efforts to regulate its use in the workplace, with employers actively contributing to the ongoing debate, say Gerald Hathaway and Marc-Joseph Gansah at Faegre Drinker.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • 2nd Circ. Ruling Clarifies Title VII Claim Standards

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    The Second Circuit's recent opinion in Banks v. General Motors, although it does not break new ground legally, comes at a crucial time when courts are reevaluating standards that apply to Title VII claims of discrimination and provides many useful lessons for practitioners, says Carolyn Wheeler at Katz Banks.

  • In Focus At The EEOC: Preventing Systemic Harassment

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    With the U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan identifying a renewed commitment to preventing and remedying systemic harassment, employers must ensure that workplace policies address the many complex elements of this pervasive issue — including virtual harassment and workers' intersecting identities, say Ally Coll and Shea Holman at the Purple Method.

  • Cos. Must Reassess Retaliation Risk As 2nd. Circ. Lowers Bar

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    After a recent Second Circuit decision broadened the federal standard for workplace retaliation, employers should reinforce their nondiscrimination and complaint-handling policies to help management anticipate and monitor worker grievances that could give rise to such claims, says Thomas Eron at Bond Schoeneck.

  • An Employer's Guide To EEOC Draft Harassment Guidance

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    Rudy Gomez and Steven Reardon at FordHarrison discuss the most notable aspects of the U.S. Equal Employment Opportunity Commission’s recently proposed workplace harassment guidance, examine how it fits into the context of recent enforcement trends, and advise on proactive compliance measures in light of the commission’s first update on the issue in 24 years.

  • To Responsibly Rock Out At Work, Draft A Music Policy

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    Employers may be tempted to turn down the tunes after a Ninth Circuit decision that blasting misogynist music could count as workplace harassment, but companies can safely provide a soundtrack to the workday if they first take practical steps to ensure their playlists don’t demean or disrespect workers or patrons, says Ally Coll at the Purple Method.

  • 5 Surprises In New Pregnancy Law's Proposed Regulations

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    Attorneys at Baker McKenzie examine five significant ways that recently proposed regulations for implementing the Pregnant Workers Fairness Act could catch U.S. employers off guard by changing how pregnant workers and those with related medical conditions must be accommodated.

  • How Employers Can Take A Measured Approach To DEI

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    While corporate diversity, equity and inclusion programs are facing intense scrutiny, companies need not abandon efforts altogether — rather, now is the time to develop an action plan that can help ensure policies are legally compliant while still advancing DEI goals, say Erin Connell and Alexandria Elliott at Orrick.

  • Courts Should Revisit Availability Of Age Bias Law Damages

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    Federal courts have held that compensatory damages, including for emotional distress, are unavailable in Age Discrimination in Employment Act cases, but it's time for a revamped textualist approach to ensure plaintiffs can receive the critical make-whole remedies Congress intended the law to provide, say attorneys at Sanford Heisler.

  • Employers Should Take Note Of EEOC Focus On Conciliation

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    The U.S. Equal Employment Opportunity Commission's recent strategic plan signals that the agency could take a more aggressive approach when verifying employer compliance with conciliation agreements related to discrimination charges, and serves as a reminder that certain employer best practices can help to avoid negative consequences, says Jacqueline Hayduk at Foley & Lardner.