Discrimination

  • June 20, 2025

    Law School Escapes Prof's Long-COVID Retaliation Suit

    A former Mercer University School of Law professor cannot show that the school refused to accommodate her long-COVID-19 symptoms, a Georgia federal judge ruled, saying her repeated requests to work remotely were not reasonable.

  • June 20, 2025

    Gymnastics Co. Cuts Deal In EEOC Sex Harassment Suit

    A gymnastics business will pay a former coach $50,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming the company's co-owner repeatedly propositioned her and other teen workers for sex, according to a Mississippi federal court filing.

  • June 20, 2025

    Justices Say ADA Doesn't Cover Retirees Who Can't Work

    The U.S. Supreme Court held on June 20 that a former firefighter with Parkinson's disease can't bring an Americans with Disabilities Act case over a rollback in her post-employment health benefits, reasoning that the law covers only those who can still fulfill their job duties.

  • June 20, 2025

    4 ERISA Cases To Watch In The 2nd Half Of 2025

    The U.S. Department of Labor's challenge to a pair of injunctions blocking Biden-era regulations that broaden who qualifies as an investment advice fiduciary under federal benefits law tops the list of cases benefits attorneys will be watching in the latter half of the year.

  • June 18, 2025

    Caterpillar Must Face Jury Over Ex-Worker's Age Bias Claim

    The Seventh Circuit reversed Caterpillar's summary judgment win over a former employee's age discrimination claim on Wednesday, saying a jury should decide whether the company reasonably placed the worker on a performance action plan that included a deadline that had already passed.

  • June 18, 2025

    High Court Concurrences Signal Hard Battle For Trans Rights

    U.S. Supreme Court Justice Amy Coney Barrett joined the court's two most conservative members Wednesday to suggest laws that differentiate based on transgender status should be subject to the lowest level of judicial review, providing guidance to lower courts that will likely make it harder for litigants to vindicate trans rights.

  • June 18, 2025

    2nd Circ. Says NYU Langone Retaliation Verdict Wrongly Axed

    The Second Circuit reinstated a $700,000 jury verdict in favor of a former NYU Langone doctor who claimed her contract wasn't renewed after she complained about supervisors' sexist behavior, ruling Wednesday she'd presented enough evidence to support the jurors' decision.

  • June 18, 2025

    EEOC's Lucas Faces Pointed Questions On Trans Rights

    Acting U.S. Equal Employment Opportunity Commission Chair Andrea Lucas faced tough questions from Democratic lawmakers Wednesday about the agency scaling back enforcement efforts on behalf of transgender and nonbinary workers, as she defended the EEOC's alignment with the Trump administration's priorities.

  • June 18, 2025

    Mich. Panel Revives Contract Carpenter's Racial Bias Suit

    A Michigan appellate panel has reopened a Black man's employment discrimination lawsuit against a carpentry company where he claimed to have been called racial slurs by coworkers, saying a trial court was wrong to toss the suit solely because the worker was an independent contractor.

  • June 18, 2025

    Age Bias Taints Kansas Health Dept. Promotions, EEOC Says

    The Kansas Department of Health and Environment overlooked an older worker for promotions to more senior lab tech roles solely because of her age, the U.S. Equal Employment Opportunity Commission told a federal court.

  • June 18, 2025

    Nursing Home Supervisor Mocked Older Workers, EEOC Says

    A New Mexico long-term care facility allowed employees over 40 to be belittled and held to different standards than younger workers, and workers who complained faced termination, the U.S. Equal Employment Opportunity Commission alleged Wednesday in federal court.

  • June 18, 2025

    Senate Panel Sets Vote On Trump Nominees For EEOC, DOL

    A Senate panel announced on Wednesday a June 26 vote that will affect who will chair the U.S. Equal Employment Opportunity Commission and the Trump administration's picks to lead the U.S. Department of Labor's Wage and Hour Division and employee benefits arm.

  • June 18, 2025

    Paralegal Says Firm Fired Her For Cancer Recurrence

    A paralegal alleged in North Carolina federal court that The Driscoll Firm PC fired her one day after she informed her superiors about the recurrence of her ovarian cancer, violating federal disability and state wage laws.

  • June 18, 2025

    NJ Judiciary Hit With Pregnancy Bias Suit From Court Exec

    A court executive has claimed that the New Jersey judiciary is guilty of retaliating and discriminating against her by allegedly reducing her pay raise because she went on maternity leave, according to a new state complaint.

  • June 18, 2025

    5th Circ. Won't Undo GM's Win In Worker's Disability Bias Suit

    The Fifth Circuit refused to reinstate an ex-General Motors worker's suit claiming the company refused to accommodate a concussion she got on the job and then fired her, ruling she failed to show she could perform any open positions after taking issue with the roles she was transferred to.

  • June 18, 2025

    Ex-Public Defender Says Bogus Bias Reports Got Her Fired 

    The former chief public defender for Allegheny County, Pennsylvania, said Wednesday in a lawsuit that she was wrongfully accused of racial bias and unilaterally fired by the county manager, rather than by the county executive who had appointed her.

  • June 18, 2025

    Steptoe & Johnson Adds Ex-Buchanan Atty In Pittsburgh

    An employment attorney looking to expand his services beyond litigation moved his practice recently to Steptoe & Johnson PLLC's Pittsburgh office after more than four years with Buchanan Ingersoll & Rooney PC.

  • June 18, 2025

    Applebee's Franchise Settles NY Pay Disparity Claims

    The operator of New York City-area Applebee's restaurants entered into a National Labor Relations Board settlement after a former server claimed he was fired after complaining about Black workers getting paid less than white employees, advocacy group One Fair Wage announced Wednesday.

  • June 18, 2025

    UPS Denied Promotion Over Sabbath Request, Suit Says

    A Boston man has brought a lawsuit against UPS in Massachusetts state court, alleging the shipping company denied him a higher-paying job as a driver because as a Seventh-day Adventist he could not work Friday night or Saturday.

  • June 18, 2025

    Paralegal Says Pregnancy Announcement Got Her Fired

    A personal injury law firm fired a paralegal under the guise of downsizing one month after she informed the firm she was pregnant, a lawsuit in Pennsylvania federal court says.

  • June 18, 2025

    5th Circ. Affirms Nix Of Ex-Hospital Workers' COVID Vax Suit

    The Fifth Circuit backed a Houston hospital's defeat of a lawsuit alleging that hundreds of employees were unlawfully fired when they refused to get the COVID-19 vaccine, saying the workers couldn't demonstrate that their right to reject the shot had been violated.

  • June 18, 2025

    Retirement Homes Reach Deal To End EEOC Race Bias Suit

    The operator of three retirement communities in the Washington, D.C., area agreed to pay $85,000 to resolve a U.S. Equal Employment Opportunity Commission suit accusing it of illegally passing over a Black worker for promotion and subsequently replacing her with a white employee.

  • June 17, 2025

    6th Circ. Revives Ex-Chili's Manager's Age Discrimination Suit

    The Sixth Circuit Tuesday revived a terminated Chili's restaurant manager's age discrimination case against the casual dining chain, saying the former employee offered enough evidence to rebut the chain's contention he was actually fired for not "living the Chili's way."

  • June 17, 2025

    HHS Says Trump Orders Merit Ending Trans Health Rule Case

    The federal government urged a Mississippi federal court to end a lawsuit challenging a Biden-era rule that protected gender-affirming care under the Affordable Care Act, arguing the Republican attorneys general leading the case can't show imminent harm given the Trump administration's position on the definition of "sex."

  • June 17, 2025

    NFL Coach's Lawyer Faces Scrutiny Over NY Practice Claims

    A federal judge on Tuesday chastised a lawyer defending a former NFL coach in his discrimination suit against the league, ordering him to show why he claimed he could practice in the Southern District of New York even though it appears "that is not accurate."

Expert Analysis

  • Justices Mull Sex-Based Classification In Trans Law Case

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    After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth

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    A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.

  • Advising Employers As AI Meets DEI And Discrimination

    Excerpt from Practical Guidance
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    Though companies can use artificial intelligence tools to develop more diverse and inclusive workforces, counsel should also prepare employers for how AI can stymie these efforts, provoke discrimination claims and complicate resulting litigation, says Emily Schifter at Troutman Pepper.

  • A Look At The Hefty Demands In Calif. Employer AI Draft Regs

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    California's draft regulations on artificial intelligence use in employment decisions show that the California Privacy Protection Agency is positioning itself as a de facto AI regulator for the state, which isn't waiting around for federal legislation, says Lily Li at Metaverse Law.

  • 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.