Discrimination

  • July 24, 2024

    Rising Star: Weil's Rebecca Sivitz

    Rebecca Sivitz of Weil Gotshal & Manges LLP has helped several companies successfully handle mergers and restructuring, including helping The Kroger Co. face a first-of-its-kind challenge from the Federal Trade Commission, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 24, 2024

    Co. Accused Of Firing New Mom Can't Sink Sex Bias Suit

    A California federal judge refused to toss a suit from a former manager who said a real estate company fired her because it assumed her work would suffer after she had a child, saying it was plausible that stereotypes cost her the job.

  • July 23, 2024

    Lack Of Quorum Dooms EEOC Pregnancy Regs, Co. Says

    A Texas industrial sales company sued the U.S. Equal Employment Opportunity Commission on Monday, challenging the constitutionality of the Pregnant Workers Fairness Act, which echoes federal disability law in requiring employers to provide reasonable accommodations for pregnant workers on the job.

  • July 23, 2024

    Nettled Exec Tells Jury Wells Fargo Doesn't Get His Disability

    A former Wells Fargo managing director who claims he was terminated because of his disability wavered between being tearful and exasperated during four hours on the stand Tuesday as he tried to explain to a jury in Charlotte what workplace accommodations he was seeking and why.

  • July 23, 2024

    7th Circ. Says Ex-Officer's Offensive Posts Not Protected

    The Seventh Circuit refused Tuesday to reopen a former officer's lawsuit alleging the Illinois Department of Corrections unlawfully suspended him for 10 days because of Islamophobic social media posts, finding the agency's need for order outweighed his interest in publicly expressing his opinions.

  • July 23, 2024

    University Of Chicago Union Hit With Antisemitism Claims

    A nonprofit advocating for graduate students accused the union representing them at the University of Chicago of antisemitism, claiming the union is violating the First Amendment by making student workers pay fees to continue their employment despite statements the union has made about the war in Gaza. 

  • July 23, 2024

    Ikea Sanctioned For Destroying Evidence In Age Bias Suit

    A Pennsylvania federal judge hit furniture retailer Ikea with nearly $567,000 in sanctions on Tuesday for deleting emails requested for discovery in a suit filed by a putative class of store workers challenging company policies for alleged age discrimination.

  • July 23, 2024

    Airport Cleaner Must Honor Arbitration Pact She Can't Read

    A California federal judge sent into arbitration a Spanish-speaking cleaner's lawsuit accusing an airport services company of unlawfully terminating her, saying the court must enforce her English-only arbitration agreement because she had a bilingual person helping her with her paperwork.

  • July 23, 2024

    DC Circ. Says Atty's Bias Suit Didn't Merit Pro Se Leniency

    A trial court wasn't required to be more forgiving of extraneous filings in a Black attorney's suit against the U.S. Department of Veterans Affairs because she's representing herself, the D.C. Circuit ruled Tuesday, backing the agency's win over her claims that she was fired for complaining about bias.

  • July 23, 2024

    Harvard Hit With Bias Suit By Coach Ousted Amid Complaints

    The former longtime women's hockey coach at Harvard University alleged in a federal suit Tuesday that school administrators held her to a different standard and paid her "significantly" less than male coaches, before pushing her out over what she says were ultimately unsubstantiated complaints from ex-players.

  • July 23, 2024

    6th Circ. Vows Careful Immunity Take In Prof's Retaliation Suit

    The Sixth Circuit wrestled Tuesday with whether six University of Louisville officials were each rightly denied immunity from a former professor's suit alleging he was unconstitutionally pushed out because of his views on treating childhood gender dysphoria, with one judge promising meticulous assessments of each defendant.

  • July 23, 2024

    11th Circ. Revives Fire Chief's COVID Vax Retaliation Suit

    The Eleventh Circuit on Tuesday reinstated a fire chief's lawsuit alleging a Florida county fired him in retaliation for disobeying a superior's order to reprimand workers who failed to request an exemption to its COVID-19 mandate, saying a recent U.S. Supreme Court ruling needs to be taken into account.

  • July 23, 2024

    Senate Dems Roll Out Bill To Codify Chevron Deference

    Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.

  • July 23, 2024

    NJ Gov. Gets Partial Win In Ex-Elections Chief's Suit

    A New Jersey state judge has handed Gov. Phil Murphy a partial win over claims from the state's former elections chief alleging that his civil rights were violated, dismissing a claim that former official had a legal right to his job.

  • July 23, 2024

    Mich. Justices Urged To Curb Suit-Restricting Job Contracts

    A fired caregiver has told the Michigan Supreme Court that employers should not be able to contractually limit employees' time to sue, arguing that job-seekers who sign such contracts are often in a vulnerable position and forced to accept unfair terms.

  • July 23, 2024

    Golf Club Escapes Bartender's Sex Bias, Retaliation Suit

    An Arizona golf resort fired a beverage cart server for repeated attendance issues, not because she complained that a customer had tried to rip off her skirt, a federal judge ruled in ending the lawsuit.

  • July 23, 2024

    Rising Star: Gibson Dunn's Ryan Stewart

    Ryan Stewart of Gibson Dunn & Crutcher LLP helped car rental giant Enterprise dodge $160 million in claims that it illegally collected biometric data from workers when it used their fingerprints to register their arrival at work, on top of other victories he secured for Amazon and sales company Credico, earning him a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 23, 2024

    Jury Awards Hispanic Manager $643K In Bias, Retaliation Suit

    A Georgia federal jury handed down a $643,000 win to a Hispanic former manufacturing production manager who accused the owner of a stone fabrication company of using racial slurs toward him, then firing him after he complained about a colleague's continued abuse.

  • July 23, 2024

    Whole Foods Settles With Ex-Worker In BLM Mask Dispute

    Whole Foods Market has reached a tentative settlement with a former employee at its Cambridge, Massachusetts, store who says she was fired in 2020 in retaliation for wearing a Black Lives Matter mask, a month before the case was set to go to trial.

  • July 22, 2024

    Globetrotters' Parent & Media Cos. Want Out Of Sex Bias Suit

    The parent and media companies of the Harlem Globetrotters want out of a female former player's sex bias and harassment suit, telling a Georgia federal court she failed to exhaust her administrative remedies by not first filing her complaints against them with the EEOC and obtaining a right-to-sue letter.

  • July 22, 2024

    State Street Sets Aside $4.2M To Address Wage Discrimination

    Federal financial services provider State Street agreed to set aside $4.2 million to make wage adjustments in the future as part of a settlement to resolve allegations that it discriminated against some women managing directors with its base pay and bonuses, the U.S. Department of Labor announced Monday.

  • July 22, 2024

    Wells Fargo Flouted Director's Dignity, Jury Told In ADA Trial

    Wells Fargo chose to lay off a longtime managing director to avoid dealing with his request to continue working from home to cope with his bladder and colon condition as the bank readied for a return to office after the pandemic, a federal jury in Charlotte heard Monday.

  • July 22, 2024

    Mich. Justices Say Fired Safety Whistleblowers Can Sue

    Michigan's highest court revived a former Fiat Chrysler employee's lawsuit against the automaker Monday, saying that occupational safety laws don't preempt his claims that he was fired because he raised concerns about potential asbestos at his jobsite.

  • July 22, 2024

    American Airlines Aims To Block Disabled Worker Class Cert.

    American Airlines Group Inc. has said a disabled worker aims to have a Texas federal court certify an "unprecedented nationwide class of all disabled American flight attendants" who can't maintain a regular work schedule and has asked the court to strike the plaintiff's class allegation.

  • July 22, 2024

    GOP States Tell 8th Circ. To Revive PWFA Rule Challenge

    A group of Republican state attorneys general urged the Eighth Circuit to revive their lawsuit challenging the U.S. Equal Employment Opportunity Commission's Pregnant Workers Fairness Act regulations, arguing courts shouldn't defer to the agency's interpretation of the law under fresh U.S. Supreme Court precedent.

Expert Analysis

  • Class Actions At The Circuit Courts: July Lessons

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.