Discrimination

  • June 04, 2024

    JPMorgan Accused Of Retaliating Against Indian H-1B Worker

    JPMorgan Chase & Co. is facing a new lawsuit accusing it of firing an Indian product manager on an H-1B visa after the former employee confronted his supervisor for allegedly discriminating against him based on his race and nationality.

  • June 04, 2024

    Ga. County Wants 11th Circ. To Rethink Trans Care Ban Ruling

    A Georgia county that lost a legal challenge to a provision of its health plan that bars coverage for gender-affirming surgery has asked the full Eleventh Circuit to revisit the decision, arguing that an opinion last month wrongly found the policy discriminates against transgender people, rather than being isolated to a single procedure.

  • June 04, 2024

    Advocates Say Workplace AI Vendors 'Ignore' Disability Bias

    Two federal agencies' ongoing investigations into claims that artificial intelligence-fueled screening tools sold by management consulting firm Aon discriminate against disabled job applicants show that tech vendors are overlooking disability bias when they roll out new technology, worker advocates say.

  • June 04, 2024

    Airlines Seek Shield From Chicago's New Paid Sick Leave Law

    The trade group representing the largest U.S. airlines alleged in a federal lawsuit Tuesday that Chicago's new paid sick leave law cannot be enforced against airlines because it interferes with flight crew staffing and scheduling in violation of federal law and collective bargaining agreements.

  • June 04, 2024

    EEOC Says Transgender Care Exclusion Violated Title VII

    The U.S. Equal Employment Opportunity Commission ruled that the Office of Personnel Management violated federal civil rights law when it denied a transgender retiree's claims for gender-affirming care, reversing an agency decision that determined he hadn't been subjected to discrimination.

  • June 04, 2024

    Honeywell Manager 'Dismissive' Of Black Employee, Suit Says

    A Black woman who was a global marketing manager for Honeywell International Inc. has accused the conglomerate of using layoffs as a pretext to get rid of her after she filed an internal complaint calling into question her manager's treatment of women and people of color.

  • June 04, 2024

    Property Company Must Face Ex-Manager's Race Bias Suit

    A Pennsylvania federal judge denied a real estate firm's effort to take an early win over a discrimination and retaliation suit brought by one of its Black former property managers, ruling that there are still too many open questions about the worker's treatment as she oversaw a problem-ridden Ohio apartment complex.

  • June 04, 2024

    County Says Exec Can't Pin Firing On Lawyer Bashing

    A fired county executive's letter calling the county's legal counsel incompetent was sent as part of his official job duties, a Michigan county said Monday, arguing that the comments were not protected speech and can't give rise to a retaliation claim.

  • June 04, 2024

    2nd Circ. Won't Revive NYU Doctor's Disability Bias Suit

    The Second Circuit declined Tuesday to reinstate a doctor's suit claiming a New York University hospital fired him instead of accommodating his disability, saying the hospital was on solid ground to let him go because he couldn't perform a particular procedure.

  • June 04, 2024

    8th Circ. Erases Pharmacist's Win In Service Dog ADA Suit

    The Eighth Circuit on Tuesday upended a pharmacist's $134,000 jury trial win in her lawsuit accusing a Missouri city of unlawfully barring her from bringing her service dog to work to help her monitor her diabetes, saying she failed to show that she needed the dog to do her job.

  • June 04, 2024

    2nd Circ. Backs TD Bank's Win Over Ex-Manager's Bias Suit

    The Second Circuit refused Tuesday to revive a former TD Bank manager's suit claiming he was fired because he suffered from anxiety and had requested parental leave, finding he couldn't overcome the bank's explanation that he was let go because of forgery.

  • June 04, 2024

    Legal Tech Co. Wants Ex-Exec's $1M Stock Suit Out Of NY

    A former legal tech executive's lawsuit claiming she was sexually harassed, fired and then cut out of $1 million in stock options should be moved from New York to either Texas or arbitration, or dismissed entirely, her former colleagues said Tuesday, calling the allegations against them "vague and conclusory."

  • June 04, 2024

    Ex-Lumentum VP Traded On Merger Info, SEC Says

    The former vice president of product line management at Lumentum has been accused by the U.S. Securities and Exchange Commission of using nonpublic information about a pending merger to trade stock during his time with the laser products company.

  • June 04, 2024

    Debevoise Litigation Dept. Gets Shake-Up As Co-Chair Retires

    Debevoise & Plimpton LLP announced Tuesday that it has appointed longtime New York-based partner Jyotin "Joe" Hamid as the new co-chair of its litigation department, succeeding Mary Beth Hogan next month as she prepares to retire at the end of the year.

  • June 04, 2024

    NJ Pitches Rule To Clarify Disparate Impact Bias Ban

    New Jersey's civil rights agency proposed a rule laying out the standards for the state's prohibitions on workplace policies that have a disproportionate impact on people in protected classes.

  • June 04, 2024

    Ogletree Opens 7th California Office In Fresno

    Ogletree Deakins Nash Smoak & Stewart PC has opened an office in Fresno, California, absorbing a location previously operated by Raimondo Miller ALC and its five attorneys, the firm has announced.

  • June 04, 2024

    11th Circ. Won't Revisit Class Nix In AT&T Pregnancy Bias Suit

    The Eleventh Circuit refused to rethink the denial of class certification in a suit alleging AT&T discriminated against pregnant workers by penalizing them for childbirth-related absences, saying an appeal from a worker who intervened following a settlement deal was premature.

  • June 04, 2024

    Single On-The-Job Slur Can't Sustain EEOC Suit, Judge Says

    A Wisconsin plastics company defeated a U.S. Equal Employment Opportunity Commission suit claiming a Black employee endured a hostile work environment, with a federal judge finding that one alleged use of a racial slur at work wasn't enough to keep the case alive.

  • June 04, 2024

    Google Settles Suit Claiming It Pushed Out Older Men

    Google reached a deal to resolve a suit from a former manager who claimed he was fired because the company wanted to oust older men in favor of young women, a filing in Texas federal court said.

  • June 03, 2024

    General Mills Facility Run By White Supremacists, Suit Says

    General Mills workers sued in Georgia federal court on Sunday alleging the food giant tolerated a racist environment at its Covington plant perpetuated by a fraternity of white male supremacists who used Confederate and Ku Klux Klan-associated imagery and who treated Black workers unfairly, including by denying them promotions.

  • June 03, 2024

    Hooters Can't Yet Ditch Ex-Workers' Sex Harassment Claims

    A California appellate court has refused to undo a lower court's decision finding that Hooters of America must continue to fight former servers' allegations that they were harassed and abused at work, ruling that Hooters hasn't met its burden of showing that it was entitled to summary adjudication.

  • June 03, 2024

    5th Circ. Mulls Acts Vs. Belief In Anti-Abortion Worker's Firing

    The Fifth Circuit on Monday seemed torn over whether it should "split hairs" between religious conduct and religious belief as it weighed whether to uphold a Southwest flight attendant's win in a wrongful termination suit over graphic anti-abortion messages she sent her union president.

  • June 03, 2024

    3rd Circ. Says High Court Ruling Revives EEOC Age Bias Suit

    The Third Circuit said a lower court needs to take another look at a U.S. Equal Employment Opportunity Commission suit alleging Novo Nordisk told a worker she couldn't transfer positions because of her older age, remanding the case in the wake of a U.S. Supreme Court ruling.

  • June 03, 2024

    Cabinet Co. Cuts Deal To End EEOC Retaliation Suit

    A cabinetmaker reached a $165,000 deal to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of firing employees who complained that Hispanic managers were being barred from certain duties and subjected to higher scrutiny, according to a filing Monday in New Mexico federal court.

  • June 03, 2024

    EEOC, Transportation Co. Settle Demographic Data Suit

    The U.S. Equal Employment Opportunity Commission and a transportation company told a North Carolina federal court they've agreed to end the agency's lawsuit claiming the company failed to report demographic information about its employees for several years.

Expert Analysis

  • 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.

  • Transgender Worker Rights: A Guide For California Employers

    Excerpt from Practical Guidance
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    California employers should know their obligations under overlapping state and federal law to protect the rights of their transgender, nonbinary and gender-nonconforming workers, and implement best practices to avoid discriminating in how they hire and promote, offer medical benefits to, and prevent harassment of these employees, says Michael Guasco at Littler.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

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    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • In Focus At The EEOC: Eliminating Recruiting, Hiring Barriers

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    While the recruiting and hiring segment of the U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan spotlights the potential discriminatory effects of artificial intelligence, employers should note that it also touches on traditional bias issues such as unlawfully targeted job advertisements and application inaccessibility, say Rachel See and Annette Tyman at Seyfarth.

  • A Look Into The Developing Regulation Of Employer AI

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    Although employers' use of artificial intelligence is still limited, legislators and companies have been ramping up their efforts to regulate its use in the workplace, with employers actively contributing to the ongoing debate, say Gerald Hathaway and Marc-Joseph Gansah at Faegre Drinker.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • 2nd Circ. Ruling Clarifies Title VII Claim Standards

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    The Second Circuit's recent opinion in Banks v. General Motors, although it does not break new ground legally, comes at a crucial time when courts are reevaluating standards that apply to Title VII claims of discrimination and provides many useful lessons for practitioners, says Carolyn Wheeler at Katz Banks.

  • In Focus At The EEOC: Preventing Systemic Harassment

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    With the U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan identifying a renewed commitment to preventing and remedying systemic harassment, employers must ensure that workplace policies address the many complex elements of this pervasive issue — including virtual harassment and workers' intersecting identities, say Ally Coll and Shea Holman at the Purple Method.

  • Cos. Must Reassess Retaliation Risk As 2nd. Circ. Lowers Bar

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    After a recent Second Circuit decision broadened the federal standard for workplace retaliation, employers should reinforce their nondiscrimination and complaint-handling policies to help management anticipate and monitor worker grievances that could give rise to such claims, says Thomas Eron at Bond Schoeneck.