Bias

News & Analysis as of

Can You Avoid a Series of “Mini-Trials” At Trial? The Fifth Circuit Says Yes by Limiting Testimony About Bias Against Co-Workers

Recently the Fifth Circuit Court of Appeals approved the limitations that a trial court placed on an employee’s testimony about how his co-workers were victimized by a “pattern or practice” of age discrimination. The worker...more

Labor & Employment E-Note - January 16, 2014

In This Issue: - 13 States Set to Raise Minimum Wage, 11 More Consider Increases - EEOC Reports $372.1M in Monetary Relief for Workplace Bias Claims - N.Y.U. Graduate Assistants Vote to Affiliate with UAW -...more

After Matarraz v. State, Florida Supreme Court Makes Juror Rehabilitation As To Bias Based On “Unfortunate Past Life Experience”...

In Matarranz v. State, So. 3d, 2013 WL 5355117 (Fla. Sept. 26, 2013), the Florida Supreme Court announced a dramatic change that will have a practical effect on jury selection in Florida. After Matarranz, a prospective juror...more

Energy Company Settles OFCCP Racial Bias Allegations

On September 27, 2013, Baltimore Gas & Electric Company (“BGE”) announced that it entered into a conciliation agreement with the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) to settle claims...more

Pay Bias Standards and Voluntary Guidance Rescinded in Favor of Expanded Investigations of Federal Contractors

Effective February 28, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) rescinded two President Bush-era pay discrimination guidance documents and replaced them with Directive 307, Procedures for Reviewing...more

EEOC Sues Cardiac Science Corporation for Retaliation

Employee Who Filed Bias Claim Was Refused Severance Pay, Federal Agency Charges - MILWAUKEE, Wis. - Cardiac Science Corporation, a company which manufactures and markets diagnostic and therapeutic cardiology products...more

The Employment Law Authority - July/August 2013

In This Issue: - Supreme Court Issues Two Key Title VII Rulings - Ogletree Deakins Launches New Fall Seminar - Are Your HIPAA Privacy Policies Up To Date - OFCCP Clarifies Damages For Victims Of Bias - The...more

Unconscious bias and subjective decision making, the practical and legal ramifications

On August 6, DLA Piper hosted a program addressing Unconscious Bias and Subjective Decision Making - The Practical and Legal Ramifications. Rachel Cowen and Margaret Keane, partners in DLA Piper's Employment practice,...more

Labor & Employment E-Note - July 11, 2013

In This Issue: - High Court Makes it Harder for Workers to Sue in Bias Cases - High Court to Decide on Obama's NLRB Recess Appointments - Criminal Background Checks May Violate Civil Rights Act, EEOC Says -...more

Diversity in the Legal Profession: Practical Challenges and Every Attorney’s Role in a Successful Outcome

In March of 2013, the Louisiana State Bar Association hosted its sixth annual Conclave on Diversity in the Legal Profession. The purpose of this conclave is to “encourage discussion among judges and attorneys, primarily...more

Bankruptcy Spurred By Court Judgment May Proceed For The Proper Purpose Of Reorganization; Judge's Adversarial Rulings And Remarks...

In In Re J. Howard Marshall (--- F.3d ----, C.A.9 (Cal.), June 28, 2013), the United States Court of Appeals considered the validity of a Chapter 11 bankruptcy filing. The bankruptcy had been challenged because it was...more

Stoking a Dead Fire: Da Silva Moore Plaintiffs File Petition for Writ of Certiorari

As reported first by Victor Li, a reporter at Law Technology News, the plaintiffs in Da Silva Moore are at it again—this time with a cert petition to the U.S. Supreme Court. In their petition, the plaintiffs contend that...more

Top 5 Ediscovery Case Summaries – June 2013: Texas - Mere Facebook Friendship Does Not Amount to Impartiality by Judge

Youkers v. State, 2013 WL 2077196 (Tex. App.—Dallas May 15, 2013). In this appeal of an assault conviction, the defendant argued that a Facebook friendship and Facebook communications between the trial judge and the...more

Personal Injury—Defendant Entitled To Discovery Regarding Extent Of Relationship Between Plaintiff’s Lawyer And Plaintiff’s Doctor

In a personal injury case “where there is a preliminary showing that the plaintiff was referred to a doctor by [his or her lawyer] (whether directly or through a third party) or vice versa,” Florida’s Fourth District Court of...more

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