Discrimination

  • November 21, 2024

    Aluminum Co. Asks 7th Circ. To Toss HR Worker's Bias Suit

    A Wisconsin aluminum company urged the Seventh Circuit to uphold the dismissal of a human resource manager's suit claiming she was fired out of sex bias and for investigating a sexual harassment complaint, arguing that her repeated performance issues are what really got her canned.

  • November 21, 2024

    Delta Pay Range Suit To Wait For Wash. Justices' Clarity

    A suit claiming Delta Air Lines didn't include compensation information state law requires in job postings will be waiting for the Washington Supreme Court to determine what defines a job applicant, a Washington federal judge ruled.

  • November 20, 2024

    Former Amazon Worker Says Flagging Bias Cost Him His Job

    An Amazon.com unit fired a Black, gay executive assistant for complaining that he was unfairly passed over for promotions and belittled by a hostile supervisor, according to a lawsuit filed in Atlanta federal court.

  • November 20, 2024

    Ford Strikes Deal In Warehouse Worker's Sex Harassment Suit

    Ford inked a deal to end a former warehouse worker's suit claiming management stood by when she repeatedly complained that male colleagues touched her inappropriately on the job, according to a Tennessee federal court filing on Wednesday.

  • November 20, 2024

    NJ Court Must Revisit Assessor's Workplace Retaliation Claim

    A New Jersey trial court must revisit a municipal tax assessor's workplace retaliation claim as the case used by the court in its decision doesn't exempt assessors from the state's employee protection law, an appellate panel ruled Wednesday.

  • November 20, 2024

    EEOC, Financial Co. Strike Deal In Pandemic Telework Suit

    A Georgia payments company agreed to pay $65,000 and adopt new workplace policies to resolve a U.S. Equal Employment Opportunity Commission lawsuit claiming it refused to let a diabetic employee work remotely during the pandemic, according to a federal court filing.

  • November 20, 2024

    NJ Gov. Hopeful Fired Aide To Boost Dem Cred, Suit Says

    A suit filed Wednesday in New Jersey federal court claims Jersey City Mayor Stephen Fulop fired an aide for supporting his Republican sister in an out-of-state race, in a bid by Fulop to bolster his progressive credentials as he prepares to run for New Jersey governor in 2025.

  • November 20, 2024

    Delta Fired Worker For Reporting Race Bias, Suit Says

    Delta Air Lines Inc. was sued Tuesday in Georgia federal court by a former Black employee who said he was given a verbal warning and then fired for reporting racial discrimination he and other Black workers faced in the workplace.

  • November 20, 2024

    Amazon Settles Military Leave Bias Suit Ahead Of Trial

    Amazon has settled an employee's suit claiming the online retail giant blocked him from promotions because he took leave to serve in the U.S. Marine Corps Reserve, prompting a Washington federal judge on Wednesday to halt a trial that was set to begin in the case next month.

  • November 20, 2024

    Wynn Seeks Slashed Verdict, Sanctions In Server's FMLA Suit

    Wynn Las Vegas urged a Nevada federal court to cut a server's $321,000 jury award and sanction her counsel in a suit alleging the casino interfered with her Family and Medical Leave Act rights, saying the award clashes with trial evidence and her counsel improperly made an eleventh-hour damages argument.

  • November 20, 2024

    University Can't Escape Fired Black Worker's Retaliation Suit

    Fayetteville State University must face a Black worker's suit alleging she was fired after complaining that her white supervisor held animus toward Black employees, a North Carolina federal judge said, ruling that she put forward enough proof to show her complaints may have caused her dismissal.

  • November 19, 2024

    Personal Injury Atty Buzbee Accused Of Assault, Malpractice

    Tony Buzbee, a high-profile Texas personal injury lawyer known for representing women who have accused Sean "Diddy" Combs and Deshaun Watson of sexual abuse, was hit with a legal malpractice suit in New York state court Tuesday alleging that he assaulted a client seeking a divorce and deprived her of millions of dollars in settlement funds. 

  • November 19, 2024

    Ex-Fed Staffer Says Vax Bias, DEI Initiatives Got Him Sacked

    A former employee of the Federal Reserve Board sued the central bank's leadership alleging he faced discrimination as a straight, white man and "utter disdain" from his managers, and that he was ultimately fired days before his planned retirement after refusing coronavirus vaccination on religious grounds.

  • November 19, 2024

    EEOC Says SkyWest Left Harassment Questions 'Unasked'

    The Equal Employment Opportunity Commission told jurors Tuesday to "look at the questions" SkyWest Airlines didn't ask when an employee told the company she was experiencing persistent sexual harassment and that the company should've responded sooner.

  • November 19, 2024

    CSX Can't Escape FMLA Suit Over Attendance Policies

    CSX Transportation can't beat a proposed class action alleging certain attendance and pay policies unlawfully penalize engineers, conductors and switchmen who take medical leave, an Ohio federal judge ruled, saying a jury should sort out how comparable other types of absences are.

  • November 19, 2024

    Mercedes-Benz Escapes Muslim Ex-Worker's Prayer Bias Suit

    An Alabama federal judge tossed a Muslim worker's suit claiming Mercedes-Benz blocked him from praying outside his scheduled break times and thus prompted him to resign, finding Tuesday his case fell flat because he never faced any negative consequences after asking for a religious accommodation.

  • November 19, 2024

    Black Ex-VP Says UPS Gave Her Job To Less-Qualified Worker

    United Parcel Service had a Black vice president show a less-qualified white co-worker the ropes, then handed the vice president role to the white worker and told the more seasoned employee she was no longer needed, according to a new lawsuit filed in Georgia federal court.

  • November 19, 2024

    10th Circ. Says 'Troubling' Incidents Not Enough In Bias Case

    The Tenth Circuit affirmed the dismissal of a Nigerian pharmacist's suit claiming she was harassed and fired from a Kansas state hospital over her race and national origin, ruling Tuesday that the unpleasant workplace interactions she cited, though "troubling," weren't bad enough to sustain her case.

  • November 19, 2024

    Raytheon Must Face Former Engineer's Age Bias Suit

    Defense contractor Raytheon can't escape a former engineer's age discrimination suit claiming he was unjustly fired after he tapped a male colleague on the backside with a cafeteria tray, with a Texas federal judge saying Tuesday he wasn't convinced factual disputes in the case had been resolved.

  • November 19, 2024

    FDNY Says Poor Interviews, Not Bias, Thwarted EMS Workers

    Two union-represented emergency medical service workers with the New York City Fire Department missed their shot at promotions because they performed poorly during their interviews, not because the department discriminates against women, people of color and people with disabilities, the FDNY told a New York federal judge Tuesday.

  • November 19, 2024

    ​​​​​​​10th Circ. Judge Hints Forced Counseling Can Buoy ADA Suit

    A Tenth Circuit judge seemed incredulous Tuesday at a healthcare provider's argument that making an employee undergo company-sponsored mental health counseling to keep their job doesn't qualify as the kind of workplace action that can sustain an Americans with Disabilities Act lawsuit. 

  • November 19, 2024

    6th Circ. Backs St. Jude's Win In Religious Vaccine Bias Suit

    The Sixth Circuit refused to reopen a former St. Jude Children's Research Hospital employee's lawsuit claiming she was unlawfully fired for requesting a religious exception from the medical center's COVID-19 vaccine mandate, finding it would have been too difficult for the hospital to accommodate her request.

  • November 19, 2024

    GMU Asks Court To Toss Ex-Prof's Suit Over Title IX Probe

    George Mason University asked a court to throw out the remainder of former professor Joshua Wright's lawsuit over its investigation of a Title IX retaliation claim against him related to allegations of sexual misconduct, saying Monday that the school had already dismissed the claim by the time he filed his amended complaint.

  • November 19, 2024

    Meat Buyer For BJ's Wholesale Says Co. Pushed Him Out

    A former BJ's Wholesale Club Inc. meat buyer who oversaw more than $12 billion in annual sales of beef and lamb for the Massachusetts-based company says he was fired after the retailer refused to accommodate his need to care for his ailing wife, according to a complaint filed on Monday in state court.

  • November 19, 2024

    Detroit Casino Must Face Narrowed COVID Vax Bias Suit

    A Michigan federal judge refused to toss a religious bias suit from a worker who said the MGM Grand Detroit fired him for refusing to get a COVID-19 vaccination, ruling a jury should decide whether the casino could have accommodated his beliefs by letting him skip the jab.

Expert Analysis

  • A Look At The Hefty Demands In Calif. Employer AI Draft Regs

    Author Photo

    California's draft regulations on artificial intelligence use in employment decisions show that the California Privacy Protection Agency is positioning itself as a de facto AI regulator for the state, which isn't waiting around for federal legislation, says Lily Li at Metaverse Law.

  • Federal Salary History Ban's Reach Is Limited

    Author Photo

    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • 2nd Circ. Hostile Workplace Ruling Widens Arbitration Pitfalls

    Author Photo

    The Second Circuit’s recent decision, affirming the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to a worker whose workplace hostility claims arose before the law’s 2022 enactment, widens the scope of the law — and the risks of unenforceable arbitration agreements for employers, say attorneys at Hinshaw.

  • Title VII Compliance Lessons From Raytheon Age Bias Suit

    Author Photo

    A Texas federal court’s recent refusal to dismiss age discrimination claims from a former Raytheon employee, terminated after he admitted to acts that Raytheon says violated its harassment policy, nonetheless illustrates strategies employers can use to protect themselves when facing competing Title VII workplace obligations, say attorneys at Segal McCambridge.

  • How The Presidential Election Will Affect Workplace AI Regs

    Author Photo

    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • Eye On Compliance: ADA Accommodations For Obesity

    Author Photo

    As the classification of "obesity" as a disability under the Americans with Disabilities Act continues to evolve, employers should note federal district and state court deviations from U.S. Equal Employment Opportunity Commission guidelines, which have deemed obesity to be a qualifying impairment, no matter the cause, says Lauren Stadler at Wilson Elser.

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

    Author Photo

    A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

    Author Photo

    While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.

  • Employment Verification Poses Unique Risks For Staffing Cos.

    Author Photo

    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • What To Expect As Worker Bias Suit Heads To High Court

    Author Photo

    The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.

  • Mitigating Construction Employers' Risks Of Discrimination

    Author Photo

    Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.

  • Cos. Should Focus On State AI Laws Despite New DOL Site

    Author Photo

    Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.

  • How The Tide Of EEOC Litigation Rolled Back In FY 2024

    Author Photo

    An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.