Discrimination

  • January 20, 2025

    Trump Taps EEOC's Sole Republican As Acting Chair

    President Donald Trump selected the U.S. Equal Employment Opportunity Commission's sole Republican appointee to lead the agency for now, but the new acting head will contend with a Democratic majority slated to keep hold of the five-seat agency through 2026.

  • January 17, 2025

    Biden Says Equal Rights Amendment Is 'The Law Of The Land'

    President Joe Biden said Friday that he believes the Equal Rights Amendment has effectively become part of the U.S. Constitution and is "the law of the land," according to a statement from the White House.

  • January 17, 2025

    DOL's Subminimum Wage Rule Draws Support, Scrutiny

    The U.S. Department of Labor's proposed rule to end the program allowing employers to pay subminimum wages to workers with disabilities drew polarized opinions as the comment period ended Friday, with supporters arguing it is time to pay those workers fairly and critics saying the rule will limit workers' options.

  • January 17, 2025

    Predictions For Arbitration Carveout, NLRB Legality And More

    In the coming year, the debate over a carveout to federal arbitration requirements for interstate transportation workers is expected to heat up, while challenges to the National Labor Relations Board's constitutionality are set to continue and pay transparency laws will expand to more states. Here, Law360 takes a look at issues experts say are likely to hit the employment law world in 2025.

  • January 17, 2025

    EEOC Says GM, Union Benefit Rule Dings Older Auto Workers

    The U.S. Equal Employment Opportunity Commission is challenging a General Motors policy that limits disability payments to Social Security recipients, accusing GM and the United Auto Workers in a lawsuit filed Friday in Indiana federal court of violating the Age Discrimination in Employment Act by negotiating the policy.

  • January 17, 2025

    FCA Assembly Plant Rife With Sexual Harassment, EEOC Says

    Automobile maker FCA US LLC allowed sexual harassment to run rampant at a Detroit assembly plant, the U.S. Equal Employment Opportunity Commission alleged in federal court Friday, claiming the company ignored and pushed out women who complained about male colleagues' lewd comments.

  • January 17, 2025

    3rd Circ. Vexed By Remedies For Defunct Vax Mandate

    The Third Circuit wrestled Friday with how it could remedy injuries claimed to be suffered by nurses who lost their jobs for not complying with New Jersey Gov. Phil Murphy's vaccine mandate for healthcare workers, asking what order it could give about something that is no longer in effect and about jobs they no longer have.

  • January 17, 2025

    Ga. Judge Shoots Down Bias Deal Between Feds, Fire Dept.

    A Georgia federal judge has shot down a deal that would have resolved allegations of racial bias in hiring against a metro Atlanta county's fire department, ruling that the proposed settlement with the U.S. Department of Justice lacked a basis to justify prioritizing future Black applicants.

  • January 17, 2025

    NY Forecast: Second Circuit Hears NYC IT Worker Bias Suit

    This week, the Second Circuit will consider a former New York City IT worker's claim that she faced sexual harassment and discrimination at her job and was ultimately forced from her position in retaliation for complaining.

  • January 17, 2025

    Ala. Recycling Plant Refused To Hire Women, EEOC Says

    The U.S. Equal Employment Opportunity Commission told an Alabama federal court in a sex discrimination lawsuit Friday that a recycling plant declined to hire women for laborer positions simply because of their gender.

  • January 17, 2025

    Weinstein Victim Asks To Drop LA Civil Rape Suit, For Now

    A woman whom Harvey Weinstein was convicted of raping has moved to temporarily abandon her civil lawsuit against the disgraced movie mogul, nixing a scheduled March trial in California state court.

  • January 17, 2025

    Sam's Club Fired Worker For Off-The-Job Injuries, EEOC Says

    Sam's Club fired a food processor because she requested light-duty assignments following a car accident, the U.S. Equal Employment Opportunity Commission alleged Friday in Georgia federal court, saying the retailer based its decision on company policies barring accommodations for injuries sustained outside the workplace.

  • January 17, 2025

    Duke U. Strikes Deal In Female Scientist's Pay Bias Suit

    Duke University and a female scientist have brokered an agreement to end her suit claiming she was paid less than her male counterparts and was threatened with demotions after complaining about it, according to a Friday filing in North Carolina federal court.

  • January 17, 2025

    1st Circ. Revives Biotech Worker's COVID-19 Vax Challenge

    The First Circuit on Thursday resuscitated religious discrimination claims brought by a former pharmaceutical company employee who alleged her employer's COVID-19 vaccination mandate during the pandemic was in conflict with her sincerely held religious beliefs.

  • January 17, 2025

    EEOC Turns To Federal Court To Enforce PWFA Subpoena

    The U.S. Equal Employment Opportunity Commission asked an Illinois federal judge to back the agency's bid for information about a worker's claims that a freight shipping company wouldn't accommodate her pregnancy, marking the EEOC's first-ever suit to enforce a Pregnant Workers Fairness Act subpoena.

  • January 17, 2025

    1st Circ. Upends Heating Co.'s Win In Worker's ADA Suit

    The First Circuit revived a disability bias suit from a heating company worker who said his knee injury got him fired, ruling that a temporary injury can constitute a disability and that the case should be sent to a jury.

  • January 17, 2025

    Calif. Forecast: $5M Staffing Co. Wage Deal Before Court

    In the next week, attorneys should keep an eye out for potential preliminary approval of a $5.25 million deal to resolve a proposed wage and hour class action against a staffing company. Here's a look at that case and other labor and employment matters coming up in California.

  • January 16, 2025

    'It Ends With Us' Star Says Blake Lively Made Him Scapegoat

    "It Ends With Us" director and actor Justin Baldoni on Thursday lodged a $400 million defamation and extortion suit against his co-star Blake Lively and her husband, Ryan Reynolds, claiming Lively fabricated sexual harassment claims against Baldoni to distract from her "self-inflicted press catastrophe."

  • January 16, 2025

    Judge Doubts UMich Prof's Rape Case Blocked Bias Suit

    A Michigan federal judge on Thursday sounded skeptical that a rape prosecution against an opera singer barred the musician from timely suing his former employer, the University of Michigan, over allegations that dismissal proceedings that ended his tenured professorship were biased because he is gay.

  • January 16, 2025

    Baltimore Court Clerk Can Proceed With Bulk Of Bias Suit

    A Maryland federal judge refused Thursday to toss the bulk of a lawsuit from a Black judiciary clerk, finding she put forward enough details to support her allegations that a circuit court acted out of bias when it suspended her without pay and barred her from earning overtime.

  • January 16, 2025

    FedEx Return-To-Office Push Draws EEOC Disability Bias Suit

    The U.S. Equal Employment Opportunity Commission hit FedEx with a disability bias suit Thursday in New York federal court, claiming it pushed dispatchers to return from COVID-19 remote work assignments while ignoring concerns that their disabilities prevented them from working in office.

  • January 16, 2025

    Law Prof Accuses Penn Of Race Bias Over Disciplinary Action

    A white Jewish law professor accused the University of Pennsylvania in federal court Thursday of harshly punishing her for making observations about Black student achievement while allowing other faculty members to get away with disparaging and threatening Jews and Israelis, in violation of federal law.

  • January 16, 2025

    Ex-MGM Worker Awarded $133K In COVID Vax Bias Suit

    A Michigan federal jury on Thursday awarded $133,000 to a fired MGM Grand Detroit warehouse worker who had alleged he was improperly denied religious accommodation from the company's COVID-19 vaccine policy.

  • January 16, 2025

    Leon Black Rape Case Halted As Wigdor Faces Sanctions Bid

    A Manhattan federal judge froze discovery Thursday in a sexual assault case against ex-Apollo Global Management CEO Leon Black to allow him to file a sanctions motion against the Jane Doe plaintiff and Wigdor LLP, pointing to sealed documents.

  • January 16, 2025

    Christian Org. Fights EEOC Abortion, Gender Identity Regs

    A Christian business organization told the U.S. Equal Employment Opportunity Commission in a lawsuit filed in North Dakota federal court that the agency is forcing religious employers to choose between their convictions and complying with EEOC directives on workplace abortion accommodations and gender identity issues.

Expert Analysis

  • Trump Should Pass On Project 2025's Disparate Impact Plan

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    The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.

  • Expect A Big Shake Up At The EEOC Under 2nd Trump Admin

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    During President-elect Donald Trump’s second term, the U.S. Equal Employment Opportunity Commission is likely to significantly shift its focus and priorities, especially where workplace DEI initiatives, immigration enforcement, LGBTQ+ rights and pregnancy protections are concerned, say attorneys at Stoel Rives.

  • 4 Novel Issues From The Blake Lively, Justin Baldoni Suits

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    A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.

  • Religious Accommodation Lessons From $12.7M Vax Verdict

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    A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.

  • Lessons From United's Axed Win In Firing Over Online Pics

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    In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Lawrence & Bundy.

  • What To Expect From EEOC Next Year After An Active 2024

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    While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • What Employers Should Consider When Drafting AI Policies

    Excerpt from Practical Guidance
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    As generative artificial intelligence continues to evolve and transform the workplace, employers should examine six issues when creating their corporate AI policies in order to balance AI's efficiencies with the oversight needed to prevent potential biases and legal pitfalls, say attorneys at Jackson Lewis.

  • Eye On Compliance: When Calif. Jobs Require Driver Licenses

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    With a California law banning unnecessarily requiring job applicants to have driver's licenses rolling out Jan. 1, employers should take to heart the law's goal of preventing discriminatory barriers while they assess and revise their employment materials for compliance, says Ani Khachatryan at Wilson Elser.