Discrimination

  • 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.

  • April 25, 2025

    19 AGs Sue Trump Admin Over Anti-DEI School Funding Threat

    Nearly 20 state attorneys general sued the U.S. Department of Education in Massachusetts federal court Friday accusing it of embarking on efforts to withhold funding from educational institutions that engage in vague, undefined, "illegal" diversity, equity and inclusion practices through an agency action passed earlier this month.

  • April 25, 2025

    Boston Consulting Group Hit With Pregnancy Bias Suit In Ga.

    The Boston Consulting Group was hit with a pregnancy discrimination lawsuit Friday from a former payroll worker who alleges her boss told her she "conned" the company by taking parental leave early on in her tenure, only to fire her after she complained about the workplace mistreatment.

  • April 25, 2025

    Harvard Can't Escape Ousted Ice Hockey Coach's Bias Suit

    A Massachusetts federal judge refused to nix a former Harvard University ice hockey coach's sex bias suit alleging she was paid less than her male colleagues, issuing an order Friday that agreed with a magistrate judge's report rejecting Harvard's argument that her claims were filed too late.  

  • April 25, 2025

    Judge Asks How Ed Dept. Can Fulfill Mandates Without Staff

    A Massachusetts federal judge on Friday appeared skeptical of arguments by the Trump administration that it can continue delivering legally mandated services without reinstating hundreds of U.S. Department of Education employees who were fired last month.

  • April 25, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    Harvard University sued the government over its threat to yank billions in funding unless the elite institution undertakes reforms including shuttering diversity, equity and inclusion initiatives, and three federal judges threw up roadblocks to the U.S. Department of Education's effort to eliminate DEI in public schools.

  • April 25, 2025

    2nd Circ. Says Withdrawn Application Dooms Age Bias Suit

    The Second Circuit refused to reopen a sleep doctor's lawsuit claiming a hospital refused to consider him for a job because he was 66 years old, saying his decision to turn down an interview after receiving a misaddressed email doomed his case.

  • April 25, 2025

    What's Behind The Wider Pay Gap Amid Equal Pay Innovation

    Equal pay laws have evolved at a rapid clip in recent years, yet the pay gap widened, illustrating the lingering impact of COVID-19 on the workforce and the importance of continued innovation, attorneys say.

  • April 25, 2025

    Calif. Forecast: Workday AI Bias Suit Up For Class Cert.

    In the coming week, attorneys should watch for arguments regarding conditional collective certification in a discrimination suit against Workday Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • April 25, 2025

    'Computer Glitch' Can't Save Race Bias Suit, 8th Circ. Says

    The Eighth Circuit backed the dismissal of a Black ex-healthcare system worker's suit claiming she was fired out of race bias and for taking medical leave, rejecting her defense Friday that a "computer glitch" pushed her complaint eight minutes past the filing deadline.

  • April 25, 2025

    J&J Unit Sees Claims Trimmed In Engineer's Bias Suit

    A Johnson & Johnson-owned prosthetics company does not have to face claims that an engineer filed his lawsuit, alleging violations of the Family and Medical Leave Act, too late, a Massachusetts federal judge ruled Friday, but determined some of the allegations are timely and can proceed.

  • April 25, 2025

    BigLaw Partners, Judges Back Susman Godfrey In EO Suit

    Hundreds of BigLaw partners and former judges on Friday threw their support behind Susman Godfrey LLP's lawsuit in D.C. federal court over President Donald Trump's executive order targeting the firm, warning that if "the independent bar is cowed into submission" it will threaten "the rule of law itself."

  • April 25, 2025

    Teachers Union Blocks Feds From Freezing Funds Over DEI

    The federal government can't revoke funding from schools associated with the National Education Association and two other educator groups because of the institutions' diversity, equity and inclusion policies, a New Hampshire federal judge ruled, saying the organizations will likely succeed in their suit claiming government guidance was unlawfully vague.

Expert Analysis

  • 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.

  • Employer Tips For PUMP Act Compliance As Law Turns 2

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    Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.