News & Analysis as of

Class Action Employment Litigation Employment Discrimination

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Constangy, Brooks, Smith & Prophete, LLP

Court raises the bar for plaintiffs seeking to certify collective actions under FLSA, ADEA

Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. In Richards v. Eli Lilly & Co., the U.S....more

Husch Blackwell LLP

California Court Grants Preliminary Collective Certification to Job Applicants Claiming Age Discrimination by Artificial...

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In the closely watched case Mobley v. Workday, the Northern District of California recently granted preliminary certification of a collective action for age discrimination claims against Workday’s AI-based applicant...more

CDF Labor Law LLP

Federal Court Grants Preliminary Certification in Landmark AI Hiring Bias Case

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As businesses integrate AI tools into operations, a spike in related litigation is no surprise, especially due to the lack of formal legal precedent. Last month, a federal court in the Northern District of California provided...more

Proskauer - Law and the Workplace

AI Bias Lawsuit Against Workday Reaches Next Stage as Court Grants Conditional Certification of ADEA Claim

A closely watched class and collective action against the HR management services company Workday, Inc. reached a new milestone recently, when the Northern District of California conditionally certified Age Discrimination in...more

Steptoe & Johnson PLLC

Google Pays $50 Million to Settle Class Action Allegations of 'Racially Biased Corporate Structure'

On September 11, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released a report titled “High Tech, Low Inclusion: Diversity in the High Tech Workforce and Sector From 2014-2022.” In the report, the EEOC...more

Davis Wright Tremaine LLP

AI Screening Tools Under Scrutiny: Federal Court Preliminarily Certifies ADEA Collective Action

In an important decision for employers who use AI software in making hiring decisions, a California federal district court granted preliminary collective certification under the Age Discrimination in Employment Act (ADEA) to...more

Fisher Phillips

Discrimination Lawsuit Over Workday’s AI Hiring Tools Can Proceed as Class Action: 6 Things Employers Should Do After Latest Court...

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A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more

Amundsen Davis LLC

Refusing to Quit: Class Actions on Tobacco Surcharges in Health Plans Continue

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Over the past year, numerous class actions have been filed against large employers claiming their health plan surcharge for tobacco use is not in compliance with HIPAA nondiscrimination rules. With yet another lawsuit filed...more

Stevens & Lee

Third Circuit Predicts No Private Right of Action for Denied Job Applicants Under New Jersey Cannabis Law

Stevens & Lee on

On Dec. 9, 2024, a divided panel of the Third Circuit Court of Appeals affirmed the dismissal of a class action lawsuit by New Jersey job applicants denied employment by Walmart because they tested positive for cannabis. The...more

Fisher Phillips

Job Applicant Seeks to Expand AI Workplace Screener Lawsuit into a National Class Action: Should Employers and AI Developers Be...

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A frustrated job applicant who won court approval to advance his employment discrimination lawsuit against an AI-based vendor is now looking to ratchet up the pressure and expand his claim into a national class action. His...more

U.S. Equal Employment Opportunity Commission...

Kane’s Furniture to Pay Nearly $1.5 Million in EEOC Sex Discrimination Lawsuit

Settles Federal Suit Company Refused to Hire Women for Driver and Warehouse Positions - MIAMI – Kane’s Furniture, LLC, a Florida-based furniture retail company, will pay $1,482,748.00 in monetary relief and provide...more

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

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A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

Seyfarth Shaw LLP

EEOC Argues Vendors Using Artificial Intelligence Tools Are Subject to Title VII, the ADA and ADEA Under Novel Theories in Workday...

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In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more

Goodwin

Unlocking AI’s Power to Multiply Manufacturing Productivity

Goodwin on

To capture AI’s promise, manufacturers must take steps to protect privacy and root out bias, particularly when they train their systems on data about employees. ...more

Dorsey & Whitney LLP

2023 Equal Employment Opportunity Trends in Litigation and Enforcement

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Data from 2022 portends a monumental year ahead for Equal Employment Opportunity (“EEO”) litigation and enforcement. Plaintiffs are filing class-based-employment claims in higher numbers than ever, and class actions involving...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Using IO Psychologists as Experts in Litigation - February 23rd, 2:00 pm - 3:00...

DCI Consulting on

Industrial/Organizational Psychologists (I/O) have provided consulting expert and testifying expert support in class action employment discrimination litigation for decades. These cases address alleged discrimination in a...more

Seyfarth Shaw LLP

5 Top Trends In Workplace Class Action Litigation: Trend #2 Class Certification Trends

Seyfarth Shaw LLP on

Seyfarth Synopsis: In our continuing coverage of the top trends found in Seyfarth’s 2022 Workplace Class Action Litigation Report, wage & hour litigation remained the sweet spot for the plaintiffs’ class action bar over the...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2021: Trend #1 Record Settlements

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Seyfarth Synopsis: As measured by the top 10 largest case resolutions in various workplace class action categories, overall settlement numbers skyrocketed in 2021 to an all-time high. The plaintiffs’ bar and government...more

Seyfarth Shaw LLP

Seyfarth’s 2022 Annual Workplace Class Action Litigation Report

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Seyfarth Synopsis: Seyfarth’s 18th Annual Workplace Class Action Litigation Report analyzes 1,607 rulings and is our most comprehensive Report ever at over 840 pages. ...more

Verrill

2021 Employment Law Update: Part 12 – Tips and Trends for 2021 and 2022

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Join Verrill attorneys Elizabeth Connellan Smith, Douglas P. Currier, Emily Coombs Waddell, Richard G. Moon, and Robert C. Brooks as they sum up the year's trends in labor & employment and suggest tips for how to be prepared...more

Akerman LLP - HR Defense

Is There A New Requirement To Pay Employees on Military Leave?

A few recent cases may have savvy employers rethinking their military leave policies and choosing to pay employees on short-term military leave to the same extent they voluntarily pay employees benefits for other leaves of...more

Jackson Lewis P.C.

Employment Law Developments To Monitor In 2021: COVID-19-Related Employment Litigation And Trends

Jackson Lewis P.C. on

As 2021 begins, Jackson Lewis continues to work with employers to help them understand, prepare for, and handle the impact of COVID-19 on the workplace. In addition to advising and counseling clients, Jackson Lewis attorneys...more

Seyfarth Shaw LLP

5 Top Trends In Workplace Class Action Litigation: Trend #5 Class Certification Trends

Seyfarth Shaw LLP on

Seyfarth Synopsis: In our continuing coverage of the top trends found in Seyfarth’s 2021 Workplace Class Action Litigation Report, wage & hour litigation remained the sweet spot for the plaintiffs’ class action bar over the...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation: Trend #3 Class Action Settlement Trends

Seyfarth Shaw LLP on

Seyfarth Synopsis: In our continuing series of discussion points from the 2021 Workplace Class Action Litigation Report, somewhat counter-intuitively, the aggregate monetary value of workplace class action settlements...more

Seyfarth Shaw LLP

Petition For Additional Attorneys’ Fees Denied By D.C. Court In Largest Employment Discrimination Class Action Settlement In U.S....

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Seyfarth Synopsis: In a recent ruling out of the U.S. District Court for the District of Columbia, the Court assessed a petition for attorney’s fees filed in conjunction with the settlement of a 43-year old sex discrimination...more

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