Discrimination

  • July 24, 2024

    Texas Judge Prods MoneyGram Worker's Retaliation Claims

    A Texas federal judge told an ex-MoneyGram International worker that she needed to establish more evidence to show why her employer fired her in retaliation for taking medical leave, saying during a Wednesday hearing that the proximity between the leave and her termination couldn't clear summary judgment.

  • July 24, 2024

    PepsiCo, Frito-Lay Sued Over Flamin' Hot Cheetos Origin Story

    A retired Frito-Lay executive previously touted as the inventor of Flamin' Hot Cheetos is suing the snack giant and its parent company PepsiCo in California state court for defamation and racial discrimination, claiming there's a "smear campaign" to discredit him that has derailed his motivational speaker career and a planned documentary.

  • July 24, 2024

    SF DA Sued By Staffer Fired Over 'Panties' Reply-All Snafu

    A San Francisco District Attorney's Office staffer who says he was fired after accidentally sending a risqué reply-all email at work has filed a state court lawsuit accusing his former boss and the county of defamation and standing in the way of his getting future employment.

  • July 24, 2024

    Ex-SAP Exec Settles Whistleblowing Retaliation Suit

    A former executive of software giant SAP has settled his retaliation and age discrimination claims, according to a Wednesday order by a Pennsylvania federal court.

  • July 24, 2024

    CUNY Profs Ask Justices To Take Challenge To NY Union Law

    Six City University of New York professors have asked the U.S. Supreme Court to ax a state law that lets unions represent all employees of certain public-sector workplaces, saying the law violates their First Amendment right to dissociate from advocacy groups that support policies they oppose.

  • July 24, 2024

    7th Circ. Backs Kwik Trip Win In Black Worker's Bias Suit

    The Seventh Circuit on Wednesday refused to reinstate a Black truck driver's lawsuit accusing convenience store chain Kwik Trip of firing him after he complained about racially hostile white co-workers, rejecting his argument that the lower court wrongly barred some of his allegations.

  • July 24, 2024

    Harvard Vow To Tackle Antisemitism Can't Nix Suit, Court Told

    Harvard University's arguments to dismiss claims it fails to protect Jewish students from antisemitic intimidation and threats boil down to telling the plaintiffs "cool your jets" while the school tries to address the issue, a lawyer for the students told a Massachusetts federal judge Wednesday.

  • July 24, 2024

    Ex-Wells Fargo Director Angles For $32M In ADA Trial

    A former Wells Fargo managing director is seeking more than $32 million in economic damages after he said the bank laid him off to avoid dealing with his accommodation request, a North Carolina federal jury heard Wednesday on the third day of his Americans with Disabilities Act trial.

  • July 24, 2024

    6th Circ. Judges Wary Of Dissecting Vaccine Objector's Views

    A Sixth Circuit judge said Wednesday he was uncomfortable questioning the legitimacy of a person's religious beliefs, criticizing the American Red Cross' argument that a former worker dressed up her secular anti-vaccine views with religious language to get an exemption from the COVID-19 vaccine.

  • July 24, 2024

    Texas Sales Co. Asks Court To Freeze PWFA Enforcement

    An industrial sales company said Wednesday it faces irreparable harm from the Pregnant Workers Fairness Act and the U.S. Equal Employment Opportunity Commission's accompanying regulations, urging a Texas federal court to freeze enforcement of the law while the company challenges its constitutionality.

  • July 24, 2024

    Marine Co. Fired Worker Who Was Harassed, EEOC Says

    A marine electronics supply company in Louisiana allowed a supervisor to sexually harass a female employee and fire her after she refused his advances, the U.S. Equal Employment Opportunity Commission said in a new lawsuit. 

  • July 24, 2024

    Ex-Marijuana Store Worker Settles Retaliation Suit

    An Atlantic City, New Jersey, marijuana dispensary has settled a disability discrimination lawsuit filed by an ex-employee who claimed the business's managers wouldn't turn down the loud music that was triggering her PTSD.

  • July 24, 2024

    5th Circ. Says Doctor's Corrective Plan Not A Valid Contract

    The Fifth Circuit refused to reinstate a $6.6 million jury verdict in a former medical resident's suit alleging he was fired despite assurances he would have 60 days to rectify professional and interpersonal issues, ruling the residency program's director didn't have the power to offer a binding agreement.

  • July 24, 2024

    Jenner & Block Wants Out Of COVID Vax Refusal Firing Suit

    Jenner & Block LLP has asked an Illinois federal judge to toss a former employee's claims that she was fired after being denied a religious exemption from the firm's COVID-19 vaccine mandate, saying she didn't do enough to spell out her religious beliefs or how they conflict with the vaccine.

  • 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.

Expert Analysis

  • Class Actions At The Circuit Courts: July Lessons

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.