Discrimination

  • June 21, 2024

    5th Circ. Knocks Out National Block On ACA Preventive Care

    The Fifth Circuit on Friday struck down a national injunction against Affordable Care Act requirements forcing insurers to cover a range of preventive treatments, but kept a block in place that prevents its application to the individuals and businesses in Texas that sued.

  • June 21, 2024

    Calif. Forecast: Concentra Fights Cert. Of 350K Job Seekers

    In the coming week, attorneys should keep an eye out for potential class certification and expert disqualification in a suit against Concentra regarding medical inquiries for job applicants. Here's a look at that case and other labor and employment matters on deck in California.

  • June 21, 2024

    DOD Can't Escape LGBTQ Veterans' Discharge Bias Suit

    A California federal judge denied the U.S. Department of Defense's bid to toss a suit alleging veterans discharged under the military's former "don't ask, don't tell" ban on LGBTQ service members continue to face discrimination, finding they put forward enough proof of bias for their claims to survive dismissal.

  • June 21, 2024

    Logistics Co. Says EEOC Didn't Properly Serve It

    A supply chain consulting firm urged a Tennessee federal court to toss a suit that the U.S. Equal Employment Opportunity Commission launched accusing it and a staffing company of subjecting female employees to sexual harassment, saying the agency failed to jump through all the hurdles before filing the suit.

  • June 21, 2024

    AAA, Worker End Sex Bias Suit After Missed Eclipse Day Depo

    AAA and a former insurance agent told a Florida federal court Friday that they've settled the ex-employee's gender discrimination lawsuit amid a fight over how much his attorney owes the organization for missing a deposition because he was traveling to see April's solar eclipse.

  • June 21, 2024

    Ex-CFO Ends Bias Suit Against Anderson Kill In New York

    A disability discrimination lawsuit filed in New York federal court against insurance recovery law firm Anderson Kill PC by its former chief financial officer has been voluntarily dismissed per a stipulated order submitted by the litigation parties.

  • June 21, 2024

    NY Paid Lactation Break Law Brings Protection, Confusion

    New York state now requires employers to provide paid lactation breaks, representing another boon to equal pay efforts, but questions remain regarding the specifics of compliance and enforcement, attorneys say.

  • June 20, 2024

    Logistics Cos. Face Skilled Worker Visa Misuse Class Action

    A pair of logistics companies in the United States face a proposed worker class action alleging they misled prospective employees in Mexico about purported engineering roles that, in reality, were menial labor.

  • June 20, 2024

    NC Agency Hit With Race Bias Suit Over $17.8M Project

    The North Carolina Department of Transportation and one of its contractors subjected Black employees of a subcontractor to "flagrant racial discrimination," according to a federal lawsuit filed Wednesday.

  • June 20, 2024

    NY State Rep. Fired Adviser Before Amputation, Suit Says

    A senior adviser for a New York state assembly member hit his former boss with a disability bias suit in state court, claiming he was fired days before undergoing a diabetes-induced amputation that ultimately cost him half of his leg, so that the state could avoid handing him medical leave.

  • June 20, 2024

    Staffing Co. To Pay $558K To End DOJ Immigrant Bias Probe

    The U.S. Department of Justice announced Thursday that a staffing firm will pay nearly $558,000 to end an investigation into its hiring practices that found it deterred non-U.S. citizens with permission to work in the country from applying for open job opportunities.

  • June 20, 2024

    DLA Piper Accused Of Evading Order In Pregnancy Bias Case

    DLA Piper continues to evade a court directive to turn certain documents over to a former attorney with the firm who has filed a pregnancy bias suit, a lawyer representing the former employee has told a New York federal magistrate judge.

  • June 20, 2024

    White Women Barred From Fellowship, Anti-DEI Group Says

    A women's rights nonprofit unlawfully prevents white women from receiving a $20,000 fellowship aimed at helping women obtain legal, medical and other advanced degrees, an anti-diversity, equity and inclusion organization told a District of Columbia federal court Thursday.

  • June 20, 2024

    11th Circ. Backs Stryker's Defeat Of Fired Worker's Leave Suit

    The Eleventh Circuit refused Thursday to revive a suit claiming medical technology company Stryker illegally fired a worker on leave awaiting the birth of his child, ruling that because the leave didn't formally kick in until the child was born, his termination was fair game.

  • June 20, 2024

    Greenberg Gains Another Shareholder From Jackson Lewis

    Greenberg Traurig LLP is adding another former Jackson Lewis PC attorney to its ranks, announcing Tuesday that its new shareholder brings more than three decades of workplace law experience.

  • June 20, 2024

    2nd Circ. Affirms AIG's Win In Ex-Atty's Retaliation Suit

    A former legal executive's retaliation lawsuit against American International Group Inc. has fizzled out as the Second Circuit on Thursday upheld an earlier ruling that found he was not fired for blowing the whistle on alleged fraud.

  • June 20, 2024

    Calif. Court, Judge Escape Former Exec's Racial Bias Suit

    A California federal judge handed an early win Wednesday to a state court and one of its judges, tossing out a racial discrimination and retaliation suit after finding that a former court executive officer failed to show how the judge who fired her had discriminated against her as a Black woman.

  • June 20, 2024

    ZoomInfo Hit With Race Bias Claim By Fired Account Exec

    A Black former senior account executive at ZoomInfo Technologies Inc. says he was repeatedly denied promotions and transfers despite outperforming white colleagues, then was fired in retaliation for filing a discrimination complaint.

  • June 20, 2024

    Tesla Let Racism Go Unchecked In Calif. Factories, Suit Says

    Harassment ran rampant in two Tesla factories where racist graffiti was commonplace and Black and Hispanic workers were taunted with racial slurs, according to a suit filed in California state court.

  • June 20, 2024

    ACLU Urges 9th Circ. To Reject Insurer's Trans Health Appeal

    The American Civil Liberties Union urged the Ninth Circuit to reject Blue Cross Blue Shield of Illinois' appeal seeking to overturn a lower court ruling that found denying transgender health plan participants gender-affirming care violated the Affordable Care Act, arguing federal healthcare nondiscrimination laws clearly protected against gender identity bias.

  • June 20, 2024

    Rocket Mortgage Hit With Race Bias, FMLA Suit

    Rocket Mortgage refused to let a Black associate banker transfer positions while letting her white counterparts do so, held her to stricter standards, reduced her wages and eventually terminated her partly due to her use of medical leave, she said in a complaint lodged in Michigan federal court.

  • June 20, 2024

    Raytheon, Christian Ex-Worker Agree To End Vax Bias Suit

    Raytheon and a Christian former data manager agreed to end her suit alleging the defense contractor unlawfully fired her because she requested a religious exemption to its COVID-19 vaccination policy, a filing in Florida federal court said.

  • June 18, 2024

    4 Takeaways From Rulings On EEOC Pregnant Worker Regs

    Two Republican states won an injunction blocking abortion-related parts of the U.S. Equal Employment Opportunity Commission's pregnant worker accommodation rule in their states days after another federal court rejected a similar challenge to the regulations — dueling decisions that may trigger parallel appeals, experts say. Here are four takeaways from the pair of recent rulings in challenges to the EEOC regulations.

  • June 18, 2024

    Newsom, Legislators Reach Agreement On PAGA Reform

    California Gov. Gavin Newsom and state legislative leaders on Tuesday unveiled reforms to California's Private Attorneys General Act, including major changes to the law's penalty structure, changes they say will avoid a "contentious" ballot measure campaign.

  • June 18, 2024

    Cuomo's Ex-Aide Details Sex Harassment Claims In New Suit

    Former New York Gov. Andrew Cuomo's onetime executive assistant has filed a civil lawsuit in New York state court, accusing Cuomo of "outrageous sex discrimination and retaliation" roughly two years after related misdemeanor charges over the alleged misconduct were dropped.

Expert Analysis

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • 5 Steps For Gov't Contractor Affirmative Action Verification

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    As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.

  • New OSHA Memo Helps Clarify Recordkeeping Compliance

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    Based on recent Occupational Safety and Health Administration guidance on whether musculoskeletal disorders are recordable injuries under the agency's recordkeeping regulation, it appears that OSHA may target active release techniques and stretching programs during its inspections, say attorneys at Morgan Lewis.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

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    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • Navigating Title VII Compliance And Litigation Post-Muldrow

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    The U.S. Supreme Court’s recent ruling in Muldrow v. St. Louis has broadened the scope of Title VII litigation, meaning employers must reassess their practices to ensure compliance across jurisdictions and conduct more detailed factual analyses to defend against claims effectively, say Robert Pepple and Christopher Stevens at Nixon Peabody.

  • Why Employers Shouldn't Overreact To Protest Activities

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    Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.

  • Best Practices To Accommodate Workplace Service Animals

    Excerpt from Practical Guidance
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    Since the U.S. Equal Employment Opportunity Commission recently pledged to enforce accommodations for people with intellectual, developmental and mental health-related disabilities, companies should use an interactive process to properly respond when employees ask about bringing service animals into the workplace, say Samuel Lillard and Jantzen Mace at Ogletree.

  • Kansas Workers' Comp. Updates Can Benefit Labor, Business

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    While the most significant shake-up from the April amendment to the Kansas Workers Compensation Act will likely be the increase in potential lifetime payouts for workers totally disabled on the job, other changes that streamline the hearing process will benefit both employees and companies, says Weston Mills at Gilson Daub.