Discrimination

  • April 29, 2025

    LA County Approves $4B Juvenile Sex Abuse Settlement

    Los Angeles County officials on Tuesday officially approved a previously announced $4 billion settlement to resolve nearly 7,000 claims of sexual abuse at juvenile detention facilities and foster homes, touted as the largest sex abuse settlement in U.S. history.

  • April 29, 2025

    6th Circ. Reopens Ex-Mich. County Worker's Firing Challenge

    The Sixth Circuit partially revived a former Michigan county department head's lawsuit claiming he was fired because he was in his 50s, finding Tuesday that while his age bias claim can't proceed, a reasonable jury could find he wasn't given an adequate opportunity to challenge his termination before it was finalized.

  • April 29, 2025

    Workday Bias Suit May Gain Collective Status

    A federal judge appeared inclined Tuesday to greenlight a collective action from job applicants over 40 who say they were unlawfully steered away from jobs by a Workday hiring tool, saying she saw a "common answer" applying across the proposed group.

  • April 29, 2025

    10th Circ. Backs Burger King Franchisee In Sex Bias Suit

    The Tenth Circuit refused Tuesday to revive a suit from a worker who said a Burger King franchisee did nothing to stop "appalling" sexual harassment by her manager, ruling she missed her chance to raise sex discrimination claims in a previous case.

  • April 29, 2025

    ​​Lawmaker Floats Bill To Bar COVID Vax Mandates In Higher Ed

    Colleges and universities that maintain a COVID-19 vaccine mandate would be barred from receiving federal funds under a bill introduced in the House. 

  • April 29, 2025

    Ex-Plant Workers Take Aim At Company's Atty Bribe Claims

    Two former employees of a plastics manufacturing plant are urging a Georgia federal court to disregard the company's attempt to push liability for an alleged bribery offer sent to their attorney onto a disgruntled former executive rather than the company's current financial director. 

  • April 29, 2025

    Littler Brings Back Arbitration Pro In Calif.

    Labor and employment firm Littler Mendelson PC is expanding its California arbitration team, announcing Tuesday that it is welcoming back an employment attorney who left briefly to join Whitney Thompson & Jeffcoach LLP.

  • April 29, 2025

    5th Circ. Says Hispanic DOT Worker Filed Bias Case Too Late

    A U.S. Department of Transportation employee was about a decade late in formally accusing his employer of discriminating against him and other Hispanic workers through failing to promote them to a higher pay level, the Fifth Circuit found, upholding a lower court's decision.

  • April 29, 2025

    1st Circ. Ruling Spotlights Shortcoming In EEOC Case Alerts

    A recent worker-friendly decision from the First Circuit on what qualifies as a right-to-sue notice from the U.S. Equal Employment Opportunity Commission conflicts with another circuit's stance on the issue, highlighting an aspect of EEOC communications that lawyers said needs reform.

  • April 28, 2025

    Levi's Biased Against Pregnant Exec, Jury Told At Trial's Start

    Counsel for a former Levi Strauss executive suing for sex discrimination told a California federal jury Monday that her manager told the then-pregnant woman she lacked "work capacity" for a promotion, while Levi's lawyer said she merely "grew impatient" climbing the corporate ladder at a company where many mothers are leaders.

  • April 28, 2025

    Wells Fargo Investors Win Class Cert. In 'Sham' Hiring Case

    A California federal judge has certified a class of thousands of Wells Fargo & Co. investors in litigation over the bank's alleged practice of conducting "sham" job interviews to meet diversity targets, a strategy investors say led to stock prices dropping when the truth came to light, according to an order issued Friday.

  • April 28, 2025

    'Withdraw Your Accusation': Attys, Justices Clash In ADA Case

    U.S. Supreme Court arguments over the standard of proof students must meet to pursue Americans with Disabilities Act claims of discrimination in public schooling turned combative Monday when one veteran litigator accused another of lying to the justices, eliciting sharp rebukes from several members of the bench.

  • April 28, 2025

    9th Circ. Backs Vegas Hotel In Ex-Worker's Disability Bias Suit

    The Ninth Circuit on Monday refused to reopen a former bartender's lawsuit alleging a Las Vegas hotel forced her to take leave and eventually fired her for tremors caused by her cancer treatment, saying she hadn't provided enough evidence to back up her claims.

  • April 28, 2025

    Hospital Can't Nix Fired Doctor's Atheism, Gender Bias Suit

    An Iowa federal judge declined Monday to let a hospital escape a doctor's suit claiming she was fired because of gender bias and for being an atheist, stating a jury could credit her claims that the hospital's CEO said "she doesn't fit our culture."

  • April 28, 2025

    5th Circ. Probes Rationale For Demotion In Age Bias Suit

    A Fifth Circuit panel on Monday questioned whether a geologist had sufficiently tied his alleged mistreatment at work to his age, pressing his lawyer about whether the facts of the case showed bias was behind a financially devastating demotion.

  • April 28, 2025

    Mich. Judge Can't Force EEOC To Litigate Trans Bias Suit

    A Michigan federal judge on Monday said the U.S. Equal Employment Opportunity Commission seemed to be abandoning its case on behalf of a group "its mission seeks to protect" by dropping a transgender discrimination suit, but ultimately allowed the organization to dismiss its claims.

  • April 28, 2025

    Red States Want ACA Trans Health Rule Permanently Off Books

    A group of 15 red states that successfully got a Biden-era rule frozen that protected gender-affirming care under the Affordable Care Act have urged a Mississippi federal judge to rule the U.S. Department of Health and Human Services overstepped its authority and cannot require states to allow gender-affirming care for transgender people.

  • April 28, 2025

    BCBS Ends Bid To Scrap $13M Vaccine Bias Suit Verdict

    Blue Cross Blue Shield of Michigan told a federal court Monday it agreed to end its fight to nix a jury's nearly $13 million award to a former employee who claimed she was fired for requesting a religious exemption from the company's COVID-19 vaccine policy.

  • April 28, 2025

    Ex-Womble Bond Atty Alleges Race And Gender Bias

    A former corporate and securities partner for Womble Bond Dickinson's Houston office has sued the firm in Texas state court alleging she faced discrimination due to her identity as a Hispanic woman and that, after she reported issues to human resources, she was retaliated against and eventually felt forced to resign.

  • April 28, 2025

    Saltz Mongeluzzi Hit With 2nd Suit On Heels Of Wage Suit Win

    Days after a civil suit claiming Saltz Mongeluzzi & Bendesky PC violated fair labor standards ended with a jury verdict in favor of the firm, a former paralegal filed a complaint in Philadelphia federal court alleging she was subjected to harassment and discriminating comments up until her resignation.

  • April 28, 2025

    AT&T Cites EO On Disparate Impact In EEOC Obesity Bias Suit

    AT&T urged a Louisiana federal judge to toss a U.S. Equal Employment Opportunity Commission suit claiming it discriminated against obese workers through a weight-limit safety policy, pointing to a recent presidential executive order doing away with the disparate impact legal theory underpinning the case.

  • April 28, 2025

    'Give Me A Break': Judge Questions DOJ On Jenner Order

    The Department of Justice on Monday argued for the dismissal of Jenner & Block LLP's lawsuit against the federal government over an executive order targeting the law firm for its selection of clients, with the judge on the case commenting "Give me a break" at one point during the DOJ's turn to speak.

  • April 28, 2025

    Tech Exec Says Littler's 'Unlawful' Advice Led To Suspension

    Littler Mendelson PC shouldn't be allowed to escape a tech executive's lawsuit claiming that she was suspended and ultimately fired for complaining about her boss' sexist comments, the employee told a New York federal court, arguing that the firm's advice directly led to her employer's retaliation.

  • April 28, 2025

    Trucking Co. Settles Firing Suit Over Scantily Clad Co-Worker

    A trucking company agreed to settle a former driver's suit in North Carolina federal court claiming she was fired for filing a sexual harassment complaint against a co-worker whom she saw in a truck yard wearing only his underwear and penny loafers.

  • April 25, 2025

    9th Circ. Revives Fired Clorox Worker's Gender Bias Claim

    A Ninth Circuit panel on Friday revived a gender discrimination claim brought by a former employee of The Clorox Co. in Washington who alleged he was wrongfully fired during a reorganization, but the panel ruled against the worker on his race and age discrimination claims.

Expert Analysis

  • Federal Salary History Ban's Reach Is Limited

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    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • 2nd Circ. Hostile Workplace Ruling Widens Arbitration Pitfalls

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    The Second Circuit’s recent decision, affirming the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to a worker whose workplace hostility claims arose before the law’s 2022 enactment, widens the scope of the law — and the risks of unenforceable arbitration agreements for employers, say attorneys at Hinshaw.

  • Title VII Compliance Lessons From Raytheon Age Bias Suit

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    A Texas federal court’s recent refusal to dismiss age discrimination claims from a former Raytheon employee, terminated after he admitted to acts that Raytheon says violated its harassment policy, nonetheless illustrates strategies employers can use to protect themselves when facing competing Title VII workplace obligations, say attorneys at Segal McCambridge.

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • Eye On Compliance: ADA Accommodations For Obesity

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    As the classification of "obesity" as a disability under the Americans with Disabilities Act continues to evolve, employers should note federal district and state court deviations from U.S. Equal Employment Opportunity Commission guidelines, which have deemed obesity to be a qualifying impairment, no matter the cause, says Lauren Stadler at Wilson Elser.

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

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    A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

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    While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • What To Expect As Worker Bias Suit Heads To High Court

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    The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.

  • Mitigating Construction Employers' Risks Of Discrimination

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    Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.

  • Cos. Should Focus On State AI Laws Despite New DOL Site

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    Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.

  • How The Tide Of EEOC Litigation Rolled Back In FY 2024

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    An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.

  • The Key Changes In Revised FDIC Hiring Regulations

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    Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.