Discrimination

  • July 18, 2024

    Insults Fly As Attys Beef Over Ex-NFL Player's Sex Abuse Suit

    Attorneys for an ex-NFL player and the former controller for his reptile shipping company accused each other of stonewalling, dishonesty and running up litigation costs at a hearing Thursday, where a Colorado state judge largely ignored the lawyers' "speeches" and urged them to confer more meaningfully.

  • July 18, 2024

    Florida Urges 11th Circ. To Allow Gender Law Despite Appeal

    Florida officials have urged the Eleventh Circuit to immediately allow enforcement of a law restricting gender-affirming treatment for transgender minors and adults despite an appeal, saying a lower court wrongly determined the law was discriminatory and that patients will be harmed if "life-altering" medical procedures are not outlawed.

  • July 18, 2024

    9th Circ. Revives Fired Doctor's COVID Vax Religious Bias Suit

    The Ninth Circuit revived a doctor's claims that Washington State University failed to accommodate his religious beliefs when it fired him from his residency for refusing the COVID-19 vaccine, ruling Thursday that U.S. Supreme Court precedent necessitates another look at his case.

  • July 18, 2024

    Ex-Seattle Port Police Chief Seeks Up To $20M In Firing Trial

    The Port of Seattle's former police chief told a Washington state jury on Thursday that $14 million to $20 million from his former employer would be a "reasonable range" of damages for robbing him of his law enforcement career as punishment for complaining about unfairness in workplace misconduct investigations.

  • July 18, 2024

    Nurse Fired For Refusing Transgender Surgery, Bias Suit Says

    A traveling nurse was illegally fired from her post with a healthcare system, and then subsequently blacklisted from future positions, after she refused to assist on a gender-affirming surgery because it contradicted her Christian beliefs, according to a Texas federal court suit.

  • July 18, 2024

    Ga. County Escapes Jailer Discrimination Suit

    Troup County, Georgia, beat a retaliation and discrimination suit lodged by a former jail officer who had accused the county of allowing a chief deputy sheriff to allude to her being owned by someone in a slavery reference, according to a finding in federal court Wednesday.

  • July 18, 2024

    6th Circ. Is No Help To CSX Worker Fired For Train Death Post

    The Sixth Circuit ruled Thursday that a former CSX Transporation Inc. engineer waited too long to try to revive his wrongful termination suit stemming from his firing over an online post he made about a fatal train accident.  

  • July 18, 2024

    Moody's Says White Ex-Director's Depo 'Fatal' To Bias Suit

    Financial analytics company Moody's on Wednesday told a Pennsylvania federal judge that it was clear a former employee who sued it for discrimination wasn't fired for being white and old, pointing to his "fatal" admission that he'd still be employed had he responded to a company vaccination survey.

  • July 18, 2024

    Red States Back Christian Teacher Over Pronoun Policy

    A group of Republican attorneys general urged the Seventh Circuit to revive a teacher's lawsuit claiming he was fired for refusing to call a transgender student by their preferred name, saying the trial court never explained how using all students' last names put the Indiana school district in legal jeopardy.

  • July 18, 2024

    EEOC's Phoenix District Gets New Director

    The U.S. Equal Employment Opportunity Commission said an official who has held leadership roles in the Phoenix district office since 2018 will now serve as the district's director.

  • July 18, 2024

    Feds Say Loper Bright Not Relevant In IVF Policy Suit

    The U.S. Department of Defense urged a New York federal court Thursday to throw out a nonprofit's lawsuit challenging its in vitro fertilization coverage policy for service members, countering the group's argument that the agency can't shake the suit because the U.S. Supreme Court upended Chevron deference.

  • July 18, 2024

    Texas Can't Nix EEOC Guidance Over Gender Identity

    A Texas federal judge refused to grant the state attorney general's request to do away with the U.S. Equal Employment Opportunity Commission's enforcement guidance over gender identity, saying the state needs to file a new lawsuit and not piggyback on a case that was closed two years ago.

  • July 18, 2024

    Pa. Construction Co. Inks $50K To End EEOC Retaliation Suit

    A Pennsylvania-based construction company will pay $50,000 to end a U.S. Equal Employment Opportunity Commission suit alleging its president and owner retaliated against a human resources manager who looked into sexual harassment allegations against the general manager, forcing her to quit.

  • July 18, 2024

    NJ Gov., Ex-Elections Chief Spar Over Push To Resign

    Garden State Gov. Phil Murphy told a New Jersey state judge Thursday claims from the former elections chief that his civil rights were violated when he was pushed to resign allegedly in retaliation for a satirical article should be tossed, arguing there is nothing in the law that prevents him from asking a state official to resign.

  • July 18, 2024

    Plant Co. To Pay $172K To Settle EEOC Harassment Probe

    The largest horticultural grower in the United States will pay $172,000 after a U.S. Equal Employment Opportunity Commission investigation discovered reasonable cause to believe it fostered a sexually hostile work environment and retaliated against workers who complained.

  • July 18, 2024

    Police Dept. Beats Cop's Suit Over Political Rally Attendance

    A California police department defeated an officer's lawsuit alleging he was unlawfully fired after attending a "Stop the Steal" rally in early 2021, with a federal judge finding he was fired based on social media posts that violated department policies, not his political activities.

  • July 18, 2024

    Dems Want DOL Child Labor Probe In Youth Work Programs

    Democratic members of the House Education and Workforce Committee called on the U.S. Department of Labor on Thursday to investigate potential risks of child labor violations in agency-approved youth work programs after recent infractions.

  • July 18, 2024

    5th Circ. Won't Revive Ex-Terminix Workers' Vax Bias Suits

    The Fifth Circuit backed the dismissal of workers' claims that Terminix violated anti-disability bias law by firing them for opposing its COVID-19 vaccine mandate because of their preexisting health conditions, stating they didn't show their health issues were disabilities.

  • July 18, 2024

    Property Co. Settles Ex-Manager's Race Bias Suit

    A Black former apartment complex manager who accused her ex-employer of putting her in charge of a struggling development because of her race and then firing her for complaining about the situation told a Pennsylvania federal court that her claims had been settled.

  • July 17, 2024

    SF Vax-Mandate Case Will Go To New Jury After Partial Verdict

    A California federal jury considering claims that the San Francisco Bay Area Rapid Transit District discriminated against employees who sought religious exemptions from the train agency's COVID-19 mandate rendered a partial verdict Wednesday but hung on a key question, leaving the case unresolved and setting the stage for another trial.

  • July 17, 2024

    'Good Try': EEOC Can't Stop Tesla Talking To Putative Class

    A California federal judge Wednesday rejected the U.S. Equal Employment Opportunity Commission's bid to bar Tesla from speaking to all putative class members in its lawsuit alleging the carmaker allowed rampant racism to overtake a California factory, rejecting the request while telling its attorney, "Good try, though."

  • July 17, 2024

    NJ Casino Must Face Demoted Slots Director's Bias Suit

    A New Jersey appellate panel Wednesday restored a former Resorts Casino Hotel employee's disability discrimination and retaliation lawsuit, finding that it was unclear if he was disabled after he suffered severe burns in an explosion aboard his boat.

  • July 17, 2024

    Timken Fired Plant Manager Over DEI Push, Conn. Suit Says

    A former plant manager says in a Connecticut federal lawsuit that a division of Ohio-based roller bearing supplier Timken violated workplace free speech laws by firing him for citing his own multiracial family while discussing with colleagues his beliefs about the importance of diversity, equity and inclusion initiatives.

  • July 17, 2024

    Medical Info Co. Hit With NJ Sex Bias Claims By Ex-Director

    Medical education company VuMedi Inc. has been hit with a sex discrimination suit in New Jersey federal court by the company's former director of medical education, who alleged that her supervisor told her he did not have high expectations for her because she is a mother.

  • July 17, 2024

    Nexstar Aims To Ax Ex-Workers' Pride Memo Defamation Suits

    Nexstar Media Group moved Wednesday to dismiss two Michigan federal defamation lawsuits brought by television news managers who were fired after disseminating a memo urging reporters to tone down and balance Pride Month coverage, arguing that both suits lack proof that false and reckless statements were made.

Expert Analysis

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • A Timeline Of Antisemitism Legislation And What It Means

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    What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.

  • Colo. Ruling Adopts 'Actual Discharge' Test For The First Time

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    After a Colorado court’s recent decision in Potts v. Gaia Children, adopting for the first time a test for evaluating an actual discharge claim, employers must diligently document the circumstances surrounding termination of employment, and exercise particular caution when texting employees, says Michael Laszlo at Clark Hill.

  • It's Time For Nationwide Race-Based Hair Protections

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    While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.

  • After Chevron: EEOC Status Quo Will Likely Continue

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    As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • What 2 Rulings On Standing Mean For DEI Litigation

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    Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • Top 5 Issues For Employers To Audit Midyear

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    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Tailoring Compliance Before AI Walks The Runway

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    Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.