Discrimination

  • May 15, 2025

    7th Circ. Doubts Officers' Vaccine Reporting Exemption Claim

    A Seventh Circuit panel seemed skeptical Thursday that a group of COVID-19 vaccine-exempt police officers in Chicago should be allowed to pursue religious discrimination claims targeting the suspensions and other adverse actions they faced for not reporting their vaccination status in the city's data portal. 

  • May 15, 2025

    Wells Fargo Opposes Atty Fee Bid After $22M ADA Verdict

    Wells Fargo said it is "vigorously" contesting an attorney's request for at least $1.4 million in fees after winning a $22.1 million verdict in an Americans with Disabilities Act case against the bank, telling the court the request to double the lodestar amount is unsupported.

  • May 15, 2025

    Colorado Hog Farm Inks Deal In EEOC Sex Harassment Suit

    A Colorado hog farm has agreed to pay $330,000 to close a U.S. Equal Employment Opportunity Commission suit claiming it failed to take action when female workers complained that male managers propositioned them for sex and walked in on them changing.

  • May 15, 2025

    Plaintiff's 'Total Victory' Forces End To Southwest Bias Suit

    A Texas federal judge intends to issue a final judgment in a nonprofit's suit challenging an award program for Hispanic employees of Southwest Airlines Co., saying the "obstinate plaintiff" has already achieved total victory in the suit.

  • May 15, 2025

    9th Circ. Questions University's Limits On Professor's Speech

    Two Ninth Circuit judges cast doubt on the University of Washington's defense in a First Amendment lawsuit on Thursday, questioning why the college would remove a professor's parody of a Native American land acknowledgment from his class syllabus while permitting him to broadcast the same opinions elsewhere in the academic setting.

  • May 15, 2025

    Full 9th Circ. Affirms BNSF Railway's Win In Retaliation Suit

    The full Ninth Circuit upheld a win for BNSF Railway on Thursday in a now-deceased conductor's lawsuit alleging he was fired in retaliation for testing train cars' brakes, finding the railroad had met the high bar required for lawful firing under whistleblower protection law. 

  • May 15, 2025

    High Court's Muldrow Ruling Gets Cop's Bias Suit Revived

    The Third Circuit reopened a former Philadelphia police officer's lawsuit claiming he was unlawfully transferred to a less prestigious division because he was in his 60s, saying the case needed another look based on the U.S. Supreme Court's clarification of the standard for workplace discrimination claims.

  • May 15, 2025

    Ala. Jury Awards Industrial Worker $640K In Race Bias Case

    An Alabama federal jury has awarded $640,000 in damages to a millwright who said he was called a racist slur, demoted and then fired within months of being hired by an industrial services company.

  • May 15, 2025

    Judicial Aide's NY Sex Abuse Suit May Survive, Panel Hints

    A New York state appellate panel has voiced doubts that a former judicial secretary's sex abuse lawsuit should have been dismissed, challenging the state court system's arguments that it didn't employ her and thus can't be held liable for any harms she suffered.

  • May 15, 2025

    EEOC Says Maui Hotel Owner's Sex Harassment 'Rampant'

    The U.S. Equal Employment Opportunity Commission slapped a Hawaii hotel with a lawsuit Thursday accusing its owner of widespread, long-running sexual harassment that allegedly included sexual advances, inappropriate touching and demands for massages while he was naked.  

  • May 15, 2025

    5th Circ. Affirms Nix Of BNSF Ex-Conductor's Vision Bias Suit

    The Fifth Circuit upheld BNSF Railway Co.'s defeat of a former conductor's suit claiming he was fired because of his color vision deficiency, saying his inability to obtain certification under railroad safety laws made him unqualified for the job.

  • May 15, 2025

    House Bill Aims To Nix FMLA Leave Cap For Married Couples

    A bipartisan group of U.S. House members floated a bill that aims to strike a provision from the Family and Medical Leave Act that limits leave for married couples who work for the same employer.

  • May 14, 2025

    7th Circ. Partially Revives Pregnancy Bias Suit Against Ill. DHS

    A Seventh Circuit panel on Wednesday partially reversed an Illinois federal court's decision giving the Illinois Department of Human Services a win on two former workers' claims of illegal pregnancy-related firings, saying that there are still open factual questions as to one worker.

  • May 14, 2025

    Risks Abound For Higher Ed As Top Court Ruling Turns 2

    Since the U.S. Supreme Court struck down affirmative action in higher education admissions, schools around the country have been looking for innovative ways to achieve diversity on campus amid constant threats of additional litigation that could make them the next high-profile high court case.

  • May 14, 2025

    11th Circ. Won't Reopen White DOD Worker's Race Bias Suit

    The Eleventh Circuit refused to revive a commissary worker's lawsuit claiming the U.S. Department of Defense threatened to suspend her over a Black colleague's false accusations that she'd used a racial slur, ruling Wednesday that she failed to show the agency proposed the discipline because she's white.

  • May 14, 2025

    8th Circ. Raises Safety Questions In Deaf Driver's EEOC Case

    An Eighth Circuit panel fired off questions to a U.S. Equal Employment Opportunity Commission lawyer Wednesday about the agency's trial win on behalf of a deaf truck driver applicant, homing in on the trucking company's contention that safety concerns were behind its decision not to hire him. 

  • May 14, 2025

    7th Circ. Judge Skeptical Of Bias In Exxon Worker's Firing

    A Seventh Circuit judge on Wednesday questioned what evidence a former employee asking the court to revive her discrimination and retaliation lawsuit against ExxonMobil had to refute the company's assertion that it fired her after she behaved unprofessionally and stormed out of a negative performance review.

  • May 14, 2025

    Black Worker Says GM, UAW Failed To Stop Harassment

    General Motors and United Auto Workers failed to step in after a Black employee complained that a white colleague began stalking her after she started dating her ex-boyfriend and instead forced the Black worker to move departments, a lawsuit filed in New York federal court said.

  • May 14, 2025

    USPS Must Cough Up Discipline Data, NLRB Judge Says

    The U.S. Postal Service violated federal labor law by withholding disciplinary records that a union needed to resolve a grievance at a facility in Benton Harbor, Michigan, a National Labor Relations Board judge has ruled, ordering the Postal Service to hand over the records within two weeks.

  • May 14, 2025

    6th Circ. Backs Children's Hospital In Suit Over COVID Testing

    The Sixth Circuit declined Wednesday to reinstate a pharmacist's suit claiming she was illegally fired for refusing to undergo COVID-19 testing on religious grounds, stating she would have put immunocompromised children at risk if her pediatric hospital let her dodge testing.

  • May 14, 2025

    Ex-Paralegal's Bias Claims Still Thin, Pennsylvania Firm Says

    A former Zator Law LLC's paralegal's amended complaint claiming that the firm fired her on the basis of her panic disorder condition lacks specific details about her disability that would support her discrimination and retaliation claims, according to a motion to dismiss recently filed by Zator Law.

  • May 14, 2025

    NJ Firm Blume Forte Seeks To Arbitrate Disability Bias Claims

    New Jersey personal injury firm Blume Forte Fried Zerres & Molinari PC is seeking to force the arbitration of claims from a former staffer regarding her dismissal after being hospitalized for a seizure.

  • May 14, 2025

    Union Pacific Beats Bias Suit Over Color Vision Tests

    Union Pacific defeated a lawsuit claiming it pushed out three conductors because they failed its color vision tests, as a California federal judge ruled the workers couldn't show they were qualified for the jobs or were removed because of a perceived disability.

  • May 14, 2025

    Fisher Phillips Opens Alabama Office With 6 Attorneys

    Employer-side labor law firm Fisher Phillips announced Tuesday the opening of a new six-attorney office in Birmingham, Alabama, its second office opening this month.

  • May 14, 2025

    EEOC Wants Court's Help Getting Info In Race Bias Probe

    The U.S. Equal Employment Opportunity Commission has turned to a Chicago federal judge after a packaging company refused to divulge information the agency asked for in an investigation into whether the company made hiring decisions for specific facilities based on workers' race, age or gender.

Expert Analysis

  • End May Be In Sight For Small Biz Set-Aside Programs

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    A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.

  • 6 Ways The Dole Act Alters USERRA Employment Protections

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    The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.

  • TikTok Bias Suit Ruling Reflects New Landscape Under EFAA

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    In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • Running A Compliant DEI Program After EEOC, DOJ Guidance

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    Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.

  • NWSL's $5M Player Abuse Deal Shifts Standard For Employers

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    The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.

  • Navigating The Use Of AI Tools In Workplace Investigations

    Excerpt from Practical Guidance
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    Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.

  • How Justices Rule On Straight Bias May Shift Worker Suits

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    Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.

  • Employer Tips To Navigate Cultural Flashpoints Investigations

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    As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.

  • A Path Forward For Employers, Regardless Of DEI Stance

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    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Bias Suit Shows WNBA Growing Pains On Court And In Court

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    A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.

  • 2 Areas Of Labor Law That May Change Under Trump

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    Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.

  • Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue

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    The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.