A New York City law that bars discrimination based on someone's height or weight took effect Sunday, addressing what one worker-side lawyer called "a real problem." Here are three things workers and employers should know as the law comes online.
In many workplaces, the holiday season coincides with annual employee performance evaluations, a process that experts warn can be tainted with discrimination — and serve as persuasive evidence of bias in court — unless the assessments are approached thoughtfully. Here, Law360 looks at four expert-recommended strategies to steer clear of such hazards.
Employers shouldn't let fears about running afoul of the law stop them from touching base with workers during the holiday season, which can be tough for workers with mental health conditions like depression and anxiety, U.S. Equal Employment Opportunity Commission member Andrea Lucas told Law360.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
With the one-year lookback window for New York's Adult Survivors Act poised to close at midnight Thursday, New York state and federal courts saw a slew of new sexual assault lawsuits filed targeting high-profile defendants from the worlds of music, film, sports, politics, banking and law.
An attorney for dancers suing Lizzo for sexual harassment told a California judge on Wednesday the singer's argument that everything she does is of public interest and can fall under protected speech should fail just as it did when her attorneys argued it for another client, actor Shia LaBeouf.
A football player for the University of Mississippi who is suing the university and its head football coach, Lane Kiffin, alleging that they ignored his requests for a mental health break and worsened his depression has hit back at their attempts to have the suit tossed, arguing that Kiffin's actions were intentional, malicious, and "in reckless disregard" of the player's rights and mental health.
A Florida school employee has sued his local teachers union, claiming the union failed to act on any of his grievances about a promotion he says was denied him because of his age and that he later won through an arbitration against the school board.
A staffing company and a distribution center have settled a case litigated by a Yale Law School clinic on behalf of a worker who claimed her bosses asked unlawfully about her plans to have another child and refused to accommodate her pregnancy before firing her after she miscarried at work.
Taco Bell faces a California state court suit brought by a former employee who accuses the fast-food restaurant of doing nothing about violent threats she received after reporting a booze-fueled Christmas party where she allegedly witnessed co-workers vomiting and openly having sex.
New York state will guarantee freelance workers the right to written contracts specifying contracted services and promised compensation, full and timely payment and a private right to sue for damages, under legislation signed into law Wednesday by Gov. Kathy Hochul.
New Jersey Attorney General Matthew J. Platkin said his office found evidence that several of the state's employers and landlords violated state discrimination law by refusing employment and housing opportunities to individuals with disabilities.
A discrimination lawsuit against Alston & Bird LLP over a former aide's refusal to take a COVID-19 vaccine has pitted a solo practitioner with a history of pursuing similar claims against two firm attorneys whose clients have included the likes of famed ex-lawyer L. Lin Wood and NASCAR.
A group of retired Los Angeles Police Department officers urged a California federal judge to knock down a motion to toss their suit alleging they were denied benefits and promotions for taking military leave, arguing that they've adequately shown they were harmed by the department's policies.
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.
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.