News & Analysis as of

Bias

Donuts, Dust, And Dastardly Deeds

by SmithAmundsen LLC on

Two items I read recently got me thinking about the disputes I often see in litigation. First, a recent news item reported that police arrested people for possession of donut glaze and drywall dust. The articles reporting...more

CEOs Take a Collaborative Approach to Creating More Inclusive Workplaces

by Stinson Leonard Street on

Numerous studies show that a diverse workforce can increase innovation, provide a competitive edge in selling products and services to different markets, improve decision-making, and significantly increase profits. But, these...more

Employment Law Commentary, September 2017 - Volume 29, Issue 9: Workplace Bias And Gender Pay Equity In Silicon Valley 2017

by Morrison & Foerster LLP on

It was only a couple of years ago, on March 27, 2015, that a jury rejected Ellen Pao’s gender discrimination claims and rendered a defense verdict in favor of her former employer, a prominent Silicon Valley venture capital...more

New California Law Seeks To Root Out Juror Bias, But What Would Calvin H. Higbie Say?

by Allen Matkins on

The right to a jury trial in criminal cases is guaranteed by the Sixth Amendment to the U.S. Constitution and by Article I, Section 16 of the California Constitution. Implicit in the requirement of a jury is the idea that...more

EEOC Sues CBS Stations Group of Texas for Age Bias

Traffic Reporter Was Denied Hire Because of Her Age, Agency Charges - DALLAS - CBS Stations Group of Texas violated the Age Discrimination in Employment Act (ADEA) when it refused to hire Tammy Campbell for a full-time...more

Lawsuit Claiming Gender Bias in Title IX Investigation Allowed to Go Forward

• A federal court in Ohio has held that published writings of a university Title IX administrator provide sufficient evidence of bias to permit a civil suit by a penalized student to go forward. • Denial of equitable...more

Century Park Associates / Garden Plaza Of Greenbriar Cove Sued By EEOC For Religious Bias

Retirement Community Demanded Two Employees Work on Sabbath, Federal Agency Charges - CHATTANOOGA, Tenn. -- Century Park Associates, LLC, dba Garden Plaza at Greenbriar Cove, which operates a senior and assisted living...more

'Perception of Bias, Impartiality & Justifiable Doubts': The Case of Arthur Aldcroft

by Reed Smith on

Whether arbitrations are administered or ad hoc, parties within certain industry sectors will often require disputes to be resolved by arbitrators from panels of professional associations, such as GAFTA, FOSFA, LMAA or the...more

Is Your Investigator More Biased Than You Think? Part II: How to Keep Truthiness Out of Your Workplace Investigations

All companies should have mechanisms through which employees can voice concerns and feel confident that (a) those concerns will be taken seriously, (b) those concerns will be fairly and promptly investigated, and (c)...more

Is Your Investigator More Biased Than You Think? Part I: How Unconscious Bias Can Disrupt Your Workplace Investigations

Unconscious bias (also called “implicit bias”) has become a trending topic—both in the general media and in the HR world. The topic of unconscious bias is often cited when considering ways companies can improve their...more

No Good Deed Goes Unpunished: When Well-Intentioned School Policies Actually Create Risks

by Fisher Phillips on

There’s no question that today’s social and political climate has affected school campuses across the country in ways that have not been experienced in decades. A steady increase in the diversification of student bodies...more

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

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