Discrimination

  • June 12, 2024

    TV News Managers Blamed For Pride Memo Sue Nexstar

    Two former television news managers in western Michigan sued their former employer, Nexstar Media Group, this week, saying the company turned them into scapegoats amid backlash against an internal memo suggesting reporters dial back Pride Month coverage and include "both sides of the issue." 

  • June 12, 2024

    Fired SpaceX Workers Say Musk Runs Co. 'In The Dark Ages'

    Eight former SpaceX employees on Wednesday became the latest to sue the company and CEO Elon Musk alleging a hostile and abusive workplace that demeans women and LGBTQ+ people, saying in California state court they were unlawfully fired when they objected to his conduct.

  • June 12, 2024

    NY AG, Firms Beat Cuomo Subpoenas In Sex Harassment Suit

    Former New York Gov. Andrew Cuomo can't force Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC to produce information about an investigation into sexual misconduct accusations that forced him to resign, a federal judge ruled Wednesday, finding the firms were acting under the state attorney general's authority.

  • June 12, 2024

    9th Circ. Questions Arbitration Carveout For AmEx Workers

    A Ninth Circuit panel seemed inclined Wednesday to force four white former American Express employees to arbitrate their proposed class action claims alleging race bias.

  • June 12, 2024

    6th Circ. Says Worker's Anti-Vax Bias Suit Prematurely Tossed

    A trial court was too tough on a Christian job seeker when it threw out her religious bias lawsuit against an in-home healthcare provider that she alleged turned her away for refusing to get the COVID-19 vaccine, the Sixth Circuit ruled Wednesday.

  • June 12, 2024

    Home Depot Asks To Settle Claim It Shushed Worker On Probe

    Home Depot reached a proposed settlement to an allegation that it violated federal labor law by telling a Minneapolis worker to keep quiet about the company's investigation into his claims of racist treatment by a coworker, according to paperwork presented to a National Labor Relations Board judge.

  • June 12, 2024

    Ex-Wendy's Worker Drops Suit Over Breast-Pumping Space

    A former Wendy's employee who accused the company and multiple related entities of failing to provide proper private space for workers to pump breast milk despite federal labor laws requiring them to do so has permanently dropped her claims from Ohio federal court.

  • June 12, 2024

    Associate Sues Kaufman Dolowich Alleging Disability Bias

    A former associate with national law firm Kaufman Dolowich & Voluck LLP claims in a federal lawsuit that attorneys at the firm's Philadelphia office discriminated against him after he asked for accommodations for his hearing impairment.

  • June 12, 2024

    Solar Staffing Cos. Escape Black Workers' Race Bias Suit

    Renewable energy industry staffing companies defeated a lawsuit claiming they used the pandemic as an excuse to fire dozens of Black workers, with a Texas federal judge saying the former employees couldn't overcome the companies' explanation that the workers had violated COVID-19 safety measures.

  • June 12, 2024

    Marketing Co. Can't Sink ADA Suit Over Wellness Program

    An Illinois federal judge refused to toss a proposed class action brought by marketing firm workers who allege a medical exam for the company's wellness plan violated disability bias law, saying their argument that the test wasn't genuinely voluntary was strong enough to stay in court.

  • June 11, 2024

    Seattle Port's Ex-Police Takes Wrongful Firing Case To Trial

    A former Port of Seattle police chief told a Washington state jury on Tuesday that he was wrongfully fired from his job over false claims that he retaliated against an officer, accusing the port of hiring an independent investigator to assemble a damning report in anticipation of a lawsuit over the termination.

  • June 11, 2024

    Dem Bill Would Cancel 2018 High Court Ruling On Arbitration

    House and Senate Democrats reintroduced legislation Tuesday that would do away with mandatory workplace arbitration agreements, a move they said would counteract a 2018 U.S. Supreme Court ruling that said requiring solo arbitration in worker disputes didn't violate federal labor law.

  • June 11, 2024

    Raytheon Openly Prefers Younger Job Applicants, Suit Says

    Raytheon for years has violated age bias law by advertising positions explicitly meant for recent college graduates despite public statements acknowledging that the aerospace company needs thousands of additional workers, a 67-year-old job applicant alleged Tuesday in Massachusetts federal court.

  • June 11, 2024

    4th Circ. Says Md. Development Entity Immune From Bias Suit

    The Fourth Circuit on Tuesday upheld the dismissal of a lawsuit alleging a Maryland economic development corporation fired a Black employee for complaining she'd been denied opportunities because of her race and gender, saying a lower court correctly ruled that the state organization is immune from her claims.

  • June 11, 2024

    Lacrosse Coach Loses Bias Suit After Getting Cozen Booted

    A Pennsylvania federal judge tossed a lawsuit Tuesday from a high school lacrosse coach who said her contract wasn't renewed because of gender, age and disability bias, finding the school district showed that its decision stemmed from concerns about her professionalism.

  • June 11, 2024

    Stanford Says Instructor's Firing Over Gaza Class Is Legit

    Stanford University has asked a judge to dismiss a lawsuit by a Black Muslim lecturer who said he was let go after giving a controversial talk on the Gaza war, saying it didn't dismiss him because of his race, color or religion, but because he ran a bad classroom exercise.

  • June 11, 2024

    GRSM50 Adds Labor And Employment Pro In San Diego

    Gordon Rees Scully Mansukhani LLP has hired as a partner for its employment law practice an attorney with prior private practice experience who has also worked for multiple companies and a labor union during her more than 20-year career.

  • June 11, 2024

    Ariz. Builder Settles EEOC Suit Over Late Workforce Data

    A homebuilder reached a deal with the U.S. Equal Employment Opportunity Commission to end a suit claiming it failed to hand over its workforce demographic data, marking the latest settlement in a spate of recent EEOC suits challenging reporting requirement noncompliance.

  • June 11, 2024

    Ex-Papa John's Driver's Race Harassment, Pay Suit Proceeds

    A Black former pizza delivery driver for a Papa John's franchise can pursue his claims that he faced a hostile work environment and was underreimbursed for mileage, an Alabama federal judge ruled, but the judge limited the methods the worker can use to prove his allegations.

  • June 11, 2024

    Gastropub, HR Firm Strike Deal To End EEOC Harassment Suit

    The U.S. Equal Employment Opportunity Commission said Tuesday that a Honolulu gastropub and its human resources consultant have agreed to pay $115,000 to resolve a suit accusing the companies of allowing sexual harassment to run rampant in the restaurant.

  • June 10, 2024

    Weinstein Calls Accuser 'Brazen Liar' In Calif. Criminal Appeal

    Harvey Weinstein told a California appellate court that prejudicial rulings deprived him of a fair trial in the Golden State, arguing in his opening brief that the jury wrongfully heard evidence of uncharged sex assault offenses but never heard evidence that would have exposed his accuser as a "brazen liar."

  • June 10, 2024

    EEOC Says Auto Co. Got Rid Of Harassment Suit Evidence

    The U.S. Equal Employment Opportunity Commission told a Michigan federal court Monday that an automotive services company improperly deleted crucial emails, text messages and personnel records related to claims that it fired an employee after she reported that a supervisor was pressuring her for sex.

  • June 10, 2024

    9th Circ. Won't Revive Ex-City Worker's Accommodation Suit

    The Ninth Circuit declined Monday to revive an employee's suit alleging the city he worked for used an argument he had with police officers as a cover-up to fire him because he requested leave to treat a knee injury, ruling that the worker lacked proof of prejudice.

  • June 10, 2024

    6th Circ. Backs CBP Win In Black Worker's Race Bias Suit

    The Sixth Circuit on Monday refused to reinstate a lawsuit a patrol officer brought against the U.S. Customs and Border Protection Agency alleging he was demoted because he's Black, saying no new trial is needed despite the worker's argument that the lower court wrongly excluded certain evidence.

  • June 10, 2024

    2nd Circ. Upholds Toss Of Fired Cop's Race, Sex Bias Suit

    The Second Circuit refused Monday to revive a Black police officer's lawsuit alleging a New York town fired her after she hurt her back while allowing white men to take on light work or retire, finding she was treated the same as colleagues who weren't receiving disability benefits.

Expert Analysis

  • 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.

  • Fostering Employee Retention Amid Shaky DEI Landscape

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    Ongoing challenges to the legality of corporate diversity, equity and inclusion programs are complicating efforts to use DEI as an employee retention tool, but with the right strategic approach employers can continue to recruit and retain diverse talent — even after the FTC’s ban on noncompetes, says Ally Coll at the Purple Method.