Discrimination

  • November 28, 2023

    Fox News To Face Claim Of 2008 Sex Assault In Federal Court

    A former Fox News employee's suit claiming he was sexually assaulted by a former executive producer of "Tucker Carlson Tonight" was moved from New York state court to federal court, according to a notice.

  • November 28, 2023

    Texas A&M Escapes Iranian Ex-Lecturer's Bias Suit

    A Texas federal judge granted Texas A&M University a win in a former lecturer's lawsuit, saying Tuesday she failed to show that she was terminated because she's an Iranian woman and not because of budget restrictions.

  • November 28, 2023

    6th Circ. Won't Revive Chinese Professor's Bias Suit

    The Sixth Circuit backed the dismissal of a former physics instructor's suit claiming that the University of Dayton used the COVID-19 pandemic as a cover to nix his contract because he was Chinese, ruling he didn't show racism was the driving force behind the decision.

  • November 28, 2023

    11th Circ. Won't Revive Race Bias Suit Over School Shutdown

    The Eleventh Circuit declined Tuesday to reinstate a case brought by charter school workers who said Black teachers were fired and their school was forced to close by a Florida school district, calling the suit a lengthy and vague "shotgun pleading" that didn't pass muster in court.

  • November 28, 2023

    Ex-NJ Judge Can Get Cop Records In Discrimination Suit

    A former New Jersey Superior Court judge will soon get internal affairs records for the Woodbridge Police Department officers she has accused of racial bias, false arrest and malicious prosecution, as a federal magistrate judge has ruled that case law supports her bid for the files.

  • November 28, 2023

    Suit Says Pot Patient Fired After Being Forced To Take Leave

    A Pennsylvania man suffering from eye issues and kidney disease says he was demoted upon his employer, thermoplastics company Sekisui Kydex LLC, learning of his medical cannabis use and then fired while on medical leave partially on the basis of his need for accommodation, according to a lawsuit in Pennsylvania federal court.

  • November 28, 2023

    Atty For Ex-UPS Worker Decries 'Harassment' By Teamsters

    An attorney who pursued an unsuccessful race bias suit on behalf of a fired UPS worker urged a Florida federal judge to reject a Teamsters local's push to make him shoulder part of its attorney fees, calling the union's sanctions bid part of a "pattern of harassment."

  • November 28, 2023

    Law Firm Leaders Cautiously Optimistic Heading Into 2024

    Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.

  • November 28, 2023

    The 2023 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.

  • November 28, 2023

    Reporter Says NFL's Stance On Racism Suit 'Abhorrent'

    Attorneys for award-winning sports journalist Jim Trotter have responded to the National Footbal League's plan to file a motion to dismiss his racial discrimination and retaliation lawsuit, penning a letter calling the motion "frivolous" and the league's defense against his allegations "morally abhorrent."

  • November 27, 2023

    NY Adult Survivors Act Window Shuts, Airing Years Of Abuse

    While survivors of sexual abuse and their attorneys rushed last week to file otherwise time-barred lawsuits before the New York Adult Survivors Act's lookback window closed, attorneys are waiting to see if the law allows them to hold alleged assailants and enabling institutions to account.

  • November 27, 2023

    Equipment Rental Co. Dodges Worker's Retaliation Suit

    A North Carolina federal judge tossed a suit alleging Herc Rentals Inc. fired an employee after he made a series of internal safety complaints, saying the plaintiff failed to show that the company retaliated against him, according to the order entered Monday.

  • November 27, 2023

    Investment Co. Can't Send Coverage Suit Back To State Court

    A Connecticut federal court refused to send an investment firm's suit seeking coverage for an employment discrimination action back to state court, finding that the firm's insurer satisfied the requirements for removal.

  • November 27, 2023

    Music Retailer Fired Worker Over Cancer Diagnosis, Suit Says

    New York-based musical instrument retailer Sam Ash fired a veteran employee just eight days after he told his boss that he had been diagnosed with liver cancer, according to a suit filed Monday in state court.

  • November 27, 2023

    Apparel Co., Workers End Rap Music Harassment Suit

    A group of workers agreed to close their harassment suit in Nevada federal court alleging an apparel company made them work in a warehouse that blared sexually abusive and misogynistic rap music, after the Ninth Circuit revived the suit that was previously partially dismissed.

  • November 27, 2023

    Real Estate Agency Settles Ex-Worker's Sex Bias Suit

    A former employee of a real estate agency told a Georgia federal court Monday that she has finalized the details of a settlement with the company to end her lawsuit alleging she was fired after complaining that her supervisor persistently made sexualized comments toward her.

  • November 27, 2023

    Ex-Conn. GOP Press Aide Can't Sue Over Job Loss, Court Told

    A former spokesperson for Connecticut's Republican lawmakers failed to follow the necessary process to sue her ex-employer for allegedly pushing her to leave her job, the state argued Monday in asking a superior court judge to dismiss allegations of constructive discharge.

  • November 27, 2023

    West Point Says Admissions Policy Critical To Military Fitness

    West Point urged a New York federal court not to bar it from considering race in its admissions process, arguing its guidelines are intertwined with the country's military readiness and distinct from civilian university policies struck down by the U.S. Supreme Court earlier this year.

  • November 27, 2023

    Ex-Kirkland Atty Says BigLaw Firm Can't Escape Sex Bias Suit

    A former Kirkland & Ellis LLP associate accusing the firm of sex discrimination has urged a California federal court to disregard its motion to dismiss, arguing that Kirkland has been rehashing already-rejected arguments and improperly tacking on new ones.

  • November 27, 2023

    Ga. DA Fights 'Unreasonable' Fees Bid After Sanctions Ruling

    A Georgia prosecutor is contesting an attorney fee request related to her being sanctioned by a federal court in October for abusing the scheduling of a criminal trial she was prosecuting in order to avoid a deposition in a sex discrimination suit against her.

  • November 27, 2023

    EEOC, Citizens Bank Ink $100K Deal To End ADA Suit

    Citizens Bank agreed to pay $100,000 to resolve a U.S. Equal Employment Opportunity Commission suit accusing it of failing to transfer a call center worker with an anxiety disorder to a less stressful role, the agency announced.

  • November 27, 2023

    Team Says Ex-Scout Hasn't Backed Up Beliefs In Vax Dispute

    The Washington Nationals urged a D.C. federal court not to hand a partial win to a former scout who claimed he was fired for requesting a religious exemption to a COVID-19 vaccine requirement, arguing the ex-employee hasn't explained how his religious beliefs conflicted with the mandate.

  • November 27, 2023

    Gannett Wants White Workers' Race Bias Suit Axed

    Gannett urged a Virginia federal court to throw out a lawsuit five journalists brought against the company over its diversity initiatives, saying the former employees failed to show the company fired them or forced them to quit because they're white.

  • November 27, 2023

    Dems' Victory Lap: Michigan's Biggest Legislation Of 2023

    Lansing's first Democratic majority in 40 years passed measures to bar discrimination, repealed a product-liability shield for pharmaceuticals and rolled back the previous decade of Republican labor policy. Law360 takes a look at some of the most impactful laws passed in Michigan this year.

  • November 27, 2023

    Air Force Looks To Nix Black Worker's Race, Age Bias Suit

    The U.S. Air Force urged a Georgia federal court to toss a Black man's suit alleging he was passed over for a promotion in the military branch in favor of a less-experienced, younger, white man, arguing he didn't properly serve the suit.

Expert Analysis

  • Why Employers Should Refrain From 'Quiet Firing'

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    While quiet firing — when an employer deliberately makes working conditions intolerable with the goal of forcing an employee to quit — has recently been identified in the news as a new trend, such constructive discharge tactics have been around for ages, and employers would do well to remember that, comparatively, direct firings may provide more legal protection, says Robin Shea at Constangy.

  • 5 New Calif. Laws Employers Need To Know

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    Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • How AI 'Cultural Fit' Assessments Can Be Analyzed For Bias

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    Attorneys at Sanford Heisler explore how the use of artificial intelligence to assess workplace cultural fit may provide employees with increased opportunities to challenge biased hiring practices, and employers with more potential to mitigate against bias in algorithmic evaluations.

  • High Court's Old, Bad Stats Analysis Can Miss Discrimination

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    Courts and practitioners should reconsider a common statistical test for evidence of employment discrimination, created by the U.S. Supreme Court for its 1977 Castaneda and Hazelwood cases, because its “two or three standard deviations” criteria stems from a misunderstanding of statistical methods that can dramatically minimize the actual prevalence of discrimination, says Daniel Levy at Advanced Analytical Consulting Group.

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • In Focus At The EEOC: Emerging And Developing Issues

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    The U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan highlights how the agency will prioritize its limited resources over the next four years, and the most notable emerging issues include ensuring protections for pregnant workers and those dealing with long-term COVID-19 effects, says Jim Paretti at Littler.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • AI Isn't The Wild West, So Prepare Now For Bias Risks

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    In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.

  • AI's Baked-In Bias: What To Watch Out For

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    The federal AI executive order is a direct acknowledgment of the perils of inherent bias in artificial intelligence systems, and highlights the need for legal professionals to thoroughly vet AI systems, including data and sources, algorithms and AI training methods, and more, say Jonathan Hummel and Jonathan Talcott at Ballard Spahr.

  • 'Miss Manners' Scenarios Holds Job Accommodation Lessons

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    Robin Shea at Constangy looks at the potentially negative legal consequences for employers who follow some advice recently given in the Washington Post's "Miss Manners" column, and offers solutions of her own.

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

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    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

  • Handling Religious Objections To Abortion-Related Job Duties

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    While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.