Daily Labor Report®

Chipotle Court Loss Fuels Harassment Arbitration Law Scope Fight

A federal appeals court’s rejection of Chipotle Mexican Grill Inc.'s attempt to force a former worker’s sexual harassment and assault claims into arbitration under a landmark 2022 law because of timing sets the stage for more showdowns as judges further assess the statute’s reach.

Starbucks Union Gets Shot at Challenging Close Election Loss

Starbucks Workers United’s objections to an election loss at a café in a Seattle suburb will be weighed by a regional National Labor Relations Board official thanks to a board ruling.

Uber Owes Duty to Protect Rider From Assault by Impostor Driver

Uber Technologies Inc. owes its riders a “duty to exercise reasonable care” for their safety by preventing impostor drivers from sexually assaulting riders, the Ninth Circuit said Thursday.

Duke Unable to Force Arbitration of Researcher’s Bias Claims

A Duke University School of Medicine researcher shouldn’t be forced to arbitrate her sexual assault and harassment claims against the school, a federal court was told.

DOJ Worker Group Pushes for Executive Action on Sexual Misconduct

A Justice Department employee group is urging President Joe Biden to issue an executive order requiring all federal agencies to implement measures to address complaints of sexual harassment and misconduct within their workforce and to evaluate their existing practices thoroughly.

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Tesla Must Face Production Worker Suit Over Withheld Records

Tesla Inc. must face a labor code suit brought by workers who are also part of a class action over alleged racism on its production floor, after a California appeals court rejected its argument that withholding personnel records was part of its right to petition.

Ex-BNSF Worker’s Estate Wins Revival of Whistleblower Suit

The Ninth Circuit directed a federal judge in Washington to review his decision permitting BNSF Railway Co. to evade liability in a former conductor’s retaliation lawsuit, despite acknowledging that the employee’s protected whistleblowing played a minimal role in his termination.

From Across Bloomberg Law

Business & PracticeEnvironmental, Social & Governance (ESG)Social Justice & DiversityThe United States Law Week
  • Business & Practice
  • Environmental, Social & Governance (ESG)
  • Social Justice & Diversity
  • The United States Law Week

The Artificial Intelligence Dilemma: Can Laws Keep Up?

The risks that artificial intelligence represents have come into sharper focus: disinformation, potential job loss, perhaps even an existential threat to humanity. Is government capable of putting guardrails around such a fast-moving technology?

IN BRIEF

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Case: Discrimination/Hostile Work Environment (W.D. Va.)

Charter Central, LLC’s motion to dismiss the Title VII hostile work environment claims of a Black employee was denied by a Virginia federal district court because he was allegedly tasked with sweeping and mopping floors and told by his supervisor it was due to his race. Powell v. Charter Cent., LLC, 2024 BL 257305, W.D. Va., 6:23-cv-00076, 7/26/24

Case: Discrimination/Discharge (M.D. Tenn.)

A Tennessee federal district court granted summary judgment to AstraZenica on the claims of an executive district sales manager who is over 40 years old, that she was discriminatorily discharged due to her age, in violation of the Age Discrimination in Employment Act and state law. Downing v. Astrazeneca Pharms. LP, 2024 BL 272622, M.D. Tenn., 3:22-cv-00447, 8/7/24

Case: Disability Discrimination/Failure to Accommodate (E.D. Mich.)

A Michigan federal court denied summary judgment to the city of Detroit on the claims of an investigator with ADHD and depression that she faced disability discrimination, including not being granted a reasonable accommodation, in violation of the ADA and the Rehabilitation Act. Stanton v. City of Detroit, 2024 BL 274370, E.D. Mich., 22-cv-13072, 8/8/24