News & Analysis as of

Bias

No Evidence Of Age Bias When Job Was Eliminated As Part Of Reduction In Force

by DeWitt Law, LLC on

The Fifth Circuit, in Lay v. Singing River Health System, No. 16-60431, 2017 U.S. App. LEXIS 10758 (5th Cir. June 19, 2017), recently upheld the district court’s grant of summary judgment in favor of the defendant employer in...more

Wonder Woman and the fight against unconscious bias

by FordHarrison on

Not only has the recently released Wonder Woman movie garnered mainly favorable reviews, but it has been highly successful at the box office, having made more than $200 million domestically in its first two weeks of release...more

Natural Gas Infrastructure Opponents Appeal Loss in Their Campaign to Invalidate Federal Energy Regulatory Commission's Processes

Despite a series of lopsided losses, natural gas infrastructure opponents continue to probe the Federal Energy Regulatory Commission (FERC) and its infrastructure approval processes for systemic weaknesses. At the end of...more

Can't Touch This! Florida Supreme Court Says Attorney-Client Privelege Protects Lawyer Referrals to Doctor

by Rumberger Kirk & Caldwell on

Most Florida courts have permitted defendants to explore the relationship between plaintiff firms and the medical providers to whom they refer their clients. Unfortunately, in a 4-3 decision earlier this month, the Florida...more

UK Court Refuses To Remove Arbitrator For Alleged Bias

by Carlton Fields on

A court in the United Kingdom refused to remove an arbitrator for perceived bias where the arbitrator was appointed to arbitrate multiple disputes arising from the same underlying incident triggering insurance coverage. A...more

District Court Find No Federal Question Jurisdiction In Action Challenging Arbitration Award Based On Arbitrator Bias

by Carlton Fields on

A federal court has rejected the attempt of the losing party in an arbitration to engage in discovery regarding the potential bias of the arbitrator, finding that it had no jurisdiction over the matter because it did not...more

EEOC Orientation-Bias Guidance Stirs Controversy among Commentators

by Foley & Lardner LLP on

The public comment period for the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed workplace harassment guidance closed last week. The EEOC’s broad definition of sexual orientation bias drew attention from...more

Customer Preference-Based Discrimination in the Information Age

by Zelle LLP on

Customer preference is never a justification for discrimination in employment. That’s been well-settled law for decades. A male ultrasound technician cannot be terminated because patients prefer female technicians. An...more

Strategies for EEO Compliance: Focus on Leadership, Not Compliance

by Foley & Lardner LLP on

We observed last year that the legal industry is no more immune to the holdovers of sexism than any other profession. As we noted, in a step toward stemming this problem, the American Bar Association has passed a new model...more

What’s in a Name?: Bias in the Workplace

by FordHarrison on

As Shakespeare wrote, “that which we call a rose by any other name would smell as sweet.” But there is in fact much to a name – a name can convey a sense of identity, culture, and family history. But a series of viral tweets...more

The Same Actor Defense Requires the Same Stage

Employment defense lawyers are fond of the “same actor” defense to discrimination claims because it combines legal theory and common sense. The same actor inference can be used in cases based on claims of discrimination on...more

Court Holds Alleged Industry Bias Among Arbitrators Insufficient To Vacate Award

by Carlton Fields on

The case concerned two purchase orders whereby defendant BJB LLC dba Agri Trading (Agri Trading) agreed to purchase corn oil from plaintiff Hardy Industrial Technologies, Inc. (Hardy). A dispute arose and was submitted for...more

Episode 03: Big Data's Transition From The Marketer's Desktop To The Employer's Doorstep

by Akerman LLP on

Matt welcomes EEOC Chief Analyst Kelly Trindel, Ph. D., to discuss employers' use of Big Data (for better or worse) in various phases of the employment relationship, potential disparate impact risks, the overlay between Big...more

Alert: FCC Releases Sweeping Privacy Order

by Cooley LLP on

The Federal Communications Commission has released a 177-page order detailing new privacy and data security rules. It is important to note that these new rules not only apply to providers of broadband internet access service...more

New Mexico Orthopaedics Associates to Pay $165,000 to Settle EEOC Associational Disability Bias Charge

Company Fired Temporary Agency Staff Member and Failed to Hire Her for Full-Time Position Because of Association With a Child With Disabilities, Federal Agency Charged - ALBUQUERQUE, N.M. - New Mexico Orthopaedics...more

Minister or Not? Gay Bias Case Turns on Employee’s Role

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal judge has allowed a discrimination lawsuit to proceed against the Archdiocese of Chicago. The plaintiff alleges that his engagement to another man resulted in his termination. The church sought...more

Employment Law Navigator – Week in Review: July 2016 #3

by Zelle LLP on

The combined topics of Facebook and race were in the news last week. A Pennsylvania judge ruled that an employee’s personal Facebook page laced with race-based stereotypes could be used to impeach her in her lawsuit, which...more

Brand Names as False Advertising and Other Lessons on Comparative Product Testing

by Dorsey & Whitney LLP on

In theory, a product brand name can communicate a false advertising message, but it doesn’t happen often in practice. Such an instance was found to have occurred according to a recent decision by the National Advertising...more

Court Of Appeal Refuses Permission To Appeal Upper Tribunal Decision On Grounds Of Bias

by Allen & Overy LLP on

In this case report we consider the Court of Appeal's judgment in Jeffery v FCA [2016] EWCA Civ 187 (19 January 2016). The Court of Appeal refused an application for an appeal against a previous decision made by the...more

Employment Law This Week: Constructive Discharge Claims, Class Waivers, Hiring Bias, Electronic Record-Keeping Rule, Equal Pay

by Epstein Becker & Green on

We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Labor & Employment E-Note - April 2016

by Burr & Forman on

In an article published by the Birmingham Business Journal ("BBJ") in the March 25 print edition, Bryance Metheny provides insights into a series of questions related to labor and employment law, including what are some legal...more

Is Evidence of Juror Bias in Deliberations Admissible? Supreme Court to Decide

What happens in the jury room, stays in the jury room. Except when it doesn’t. Earlier this month, the Supreme Court agreed to hear the appeal of a Colorado man whose counsel learned, after the guilty verdict was rendered,...more

In Case You Missed It: Launch Links - March 2016 #4

by WilmerHale on

Some interesting links we found across the web this week: - How The Fiduciary Rule Will Harm Fintech And Startups - The Department of Labor may not be the first federal agency on an early-stage startup founder’s...more

UK Court Addresses Arbitrator’s Purported Conflict Of Interest

by Carlton Fields on

A dispute arose over a project in Iraq between a British Virgin Island claimant and a Malaysian defendant with a sole Canadian QC arbitrator. The claimant’s challenge of the arbitrator’s award was based upon bias because of...more

Ninth Circuit Reverses District Court’s Order Vacating Arbitration Award Based On Evident Partiality

by Carlton Fields on

This appeal is from an order from a district court in California, vacating an arbitration award against Masimo Corporation in favor of two former employees for $5.3 million because the court found that the arbitrator...more

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