The First Circuit on Tuesday appeared willing to consider at least partially reversing Whole Foods' pretrial win on retaliation claims brought by three former employees who say the grocery chain disciplined and later fired them for wearing Black Lives Matter masks at work.
Forthcoming rules interpreting New York City's recent ban on body size discrimination likely won't have broad exemptions for first responders or casting calls, but they will delve into how height and weight intersect with other protected characteristics such as gender, a city official told Law360 in an exclusive interview.
The late Justice Sandra Day O'Connor, the first woman appointed to the U.S. Supreme Court, left a permanent imprint on sexual harassment jurisprudence with a seminal 1993 decision widening the field of misconduct that can violate civil rights law. Here, Law360 looks at Justice O'Connor's opinion in Harris v. Forklift Systems and the scope of its impact on the law.
The Sixth Circuit backed the dismissal of a white manager's race bias and retaliation suit alleging a Japanese-owned auto parts maker demoted and fired him for complaining about racial harassment, ruling he didn't show that the company's actions arose out of prejudice.
The Denver City Attorney's Office struck a deal to end a lawsuit by two Black women who alleged they were paid less based on their race and discriminated against while the city's previous top lawyer failed to properly discipline attorneys' racist behavior, according to a filing Tuesday in Colorado federal court.
The Sixth Circuit appeared to grapple Tuesday with a worker's push to revive his suit claiming Chrysler-maker FCA US LLC fired him because it saw him as disabled, with one judge seeking more detail from the worker and another pressing FCA on contradictory testimony.
Ogletree Deakins Nash Smoak & Stewart PC has brought over a former Jackson Lewis PC principal to join its Seattle office as a shareholder, adding an attorney with more than two decades of experience representing and advising employers.
Abbott Laboratories told a New Jersey federal jury on Tuesday that a former sales director was terminated after over 20 years at the company because of his dismissiveness toward change and feedback on his work — not because of how old he was at the time.
A New York federal jury awarded a $25,000 verdict to a man who represented himself in a retaliation case accusing his former employer, an apparel company, of firing him after he lodged two harassment complaints against a supervisor.
The Sixth Circuit seemed likely to revive a former Dykema Gossett PLLC legal secretary's suit claiming she was terminated shortly after turning 50, with judges questioning Tuesday whether it's plausible that the ex-employee's manager was oblivious to age-based comments made about her subordinate.
A New Jersey racetrack owner cannot remove a suit accusing it of terminating a line cook as retaliation for her reporting that her supervisor and former romantic partner assaulted her multiple times, the ex-employee said in her Tuesday motion arguing that her case belongs in state court.
Amazon.com Inc. wants out of a federal lawsuit filed by a group of electricians over the display of eight nooses at a Connecticut job site, arguing that the Black and Latino plaintiffs are suing under an anti-discrimination law that only applies when parties are under contract.
Epstein Becker Green is expanding its labor practice, bringing on an employment expert who is the former managing partner of the Los Angeles office of Kelley Drye & Warren LLP as a member in its Los Angeles office.
A New Jersey state judge will hear arguments in January on whether an allegedly fraudulent nondisclosure agreement between one of Donald Trump's golf clubs and a former server can stand, but he held off on tackling whether a Trump-associated attorney acted unethically in securing the NDA.
A Texas federal judge threw out a suit from a former property manager at a real estate investment trust who alleged she was fired because she lacked "biblical qualities," saying the REIT's arbitration agreement was valid even if she didn't sign it.
The Sixth Circuit backed the dismissal of a former worker's suit claiming she was denied a promotion and demoted by Ohio's Department of Youth Services for being straight, ruling that the lower court was right to find she needed more proof to establish a pattern of prejudice.
A New York federal judge refused to grant a pretrial win to S&P Global in a former employee's suit alleging she was fired shortly after complaining about her boss sexually harassing her, saying a jury should determine whether she signed away her right to sue.
A former North Carolina federal public defender is preparing to try her own case accusing the judiciary of bungling an investigation into her sexual harassment claim, capping off a thorny litigation path that left her with only her husband as co-counsel after the abrupt departure of her legal team.
A Manhattan federal judge on Monday rejected an attempt by a Black former Davis Polk & Wardwell LLP associate to drastically expand his upcoming retaliation trial, calling it an arbitrary bid to potentially "torture" his former employer with excessive litigation.
Raytheon Technologies Corp. demoted an employee for taking time off to treat his recurring migraines and for speaking up about the mistreatment of his team members, according to a suit filed against the defense contractor in Colorado federal court.
Princeton University defeated a former budget analyst's lawsuit alleging she was terminated for having religious objections to the school's COVID-19 policies, with a New Jersey federal judge finding her opposition to the safety measures appears to be rooted in personal or medical beliefs rather than religion.
Frontier Airlines agreed to settle five pilots' allegations that it discriminated against pregnant and nursing workers by forcing them to take unpaid leave and blocking them from pumping breast milk on the job, the American Civil Liberties Union announced Monday.
The Tenth Circuit reinstated a suit Monday from a former Utah corrections officer who said his request to use a different gun on the job to accommodate a hand disability was unfairly denied, ruling that the lower court was too quick to toss the complaint.
The Fourth Circuit's December argument lineup will find the court considering climate science suits brought by Maryland municipalities against oil giants, while also reviewing a $4.6 million employment discrimination judgment against a hospital and a $1 billion lawsuit over the Rockefeller Foundation's alleged role in a medical experiment that infected Guatemalan people with syphilis decades ago.
A California judge said Monday he'll approve Google's $27 million settlement to end Private Attorneys General Act claims on behalf of roughly 97,000 workers who allege they were illegally required to waive certain speech rights, citing the California Labor and Workforce Development Agency's rare support of the deal.
The owner and operator of a Montana ranch facility will shell out about $333,000 to end a U.S. Department of Labor suit claiming it paid disabled workers as little as $1.17 an hour, the department said Monday.
Two doctors at a New Jersey state psychiatric hospital are demanding that the state produce documents they say will boost their whistleblower case by showing that the hospital's CEO had resolved to effectively fire them before an independent review of a patient death under their watch had concluded.
The U.S. Coast Guard settled a white civilian employee's lawsuit alleging he was accused of being seditious after flagging concerns that his boss doled out harsher punishments to minority workers, according to a filing in Massachusetts federal court.
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.