Discrimination

  • 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.

  • April 25, 2025

    NJ Firm Says Worker's Discovery Failures Doom Wage Suit

    A former employee of a personal injury law firm has failed to respond to its discovery requests in her lawsuit alleging she was paid less than men and harassed while she was pregnant, and her case should therefore be thrown out, the firm told a New Jersey state court.

  • April 25, 2025

    NY Forecast: 2nd Circ. Hears Suit Over Contract Translation

    This week, the Second Circuit will consider whether to revive a lawsuit brought by a former New York City day care center worker who claims he was denied overtime pay under state and federal law.

  • April 25, 2025

    Wells Fargo Looks To Upend $22M Disability Bias Loss

    Wells Fargo is turning to the Fourth Circuit to challenge a $22.1 million verdict in an Americans with Disabilities Act case claiming the banking giant fired an investment director for requesting telework, according to a North Carolina federal court filing.

  • April 24, 2025

    1st Circ. Revives Honeywell Ex-Manager's Bias Suit

    The First Circuit on Thursday revived a former Honeywell Aerospace manager's employment discrimination claims against the aircraft manufacturer, ruling in a published opinion that a federal court in Puerto Rico erroneously tossed the former employee's case for being untimely.

  • April 24, 2025

    Christian Groups Aim To Back Trump On EEOC Member's Suit

    Two Christian organizations asked a D.C. federal judge Thursday to consider their concerns on ex-EEOC Commissioner Jocelyn Samuels' suit challenging President Donald Trump's decision to remove her from the agency, arguing the Democrat's potential reinstatement and support for certain policies could harm their religious freedom.

  • April 24, 2025

    9th Circ. Revives Sealy Factory Worker's Sex Harassment Suit

    The Ninth Circuit reopened a lawsuit Thursday accusing mattress giant Sealy Inc. of not properly addressing a manager's unwelcome sexual advances toward a Washington state factory worker, saying the former employee adequately alleged the company didn't keep a close enough eye on the supervisor.

  • April 24, 2025

    Trump Spurning Disparate Impact Marks Sharp Turn For EEOC

    President Donald Trump's recent executive order repudiating the concept of disparate impact discrimination will change the U.S. Equal Employment Opportunity Commission's enforcement outlook, but its impact on private litigation will likely be limited, experts say.

  • April 24, 2025

    Mich. Judge Won't Halt Atty's State Cases For Retaliation Suit

    An attorney pursuing a sexual harassment suit against her former boss and mentor should ask the Michigan state court to stay allegedly retaliatory actions pending there, a Michigan federal judge has ruled, denying the lawyer's request to step in under the All Writs Act to pause the related actions.

  • April 24, 2025

    Apple Settles Former IP Executive's Age Bias Suit

    Apple has resolved a former intellectual property enforcement executive's lawsuit claiming he was unlawfully denied a hefty stock retention bonus because he was in his 60s, according to a filing in California federal court.

Expert Analysis

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 5 Employer Defenses To Military Status Discrimination Claims

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    A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.

  • 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.