Discrimination

  • April 11, 2025

    21 AGs Back WilmerHale, Jenner & Block Over Trump Order

    A coalition of 21 attorneys general Friday filed briefs in support of WilmerHale and Jenner & Block LLP as the firms challenge President Donald Trump's retaliatory executive orders in D.C. federal court, arguing that the directives unconstitutionally punish the firms for representing people and causes the president doesn't like.

  • April 11, 2025

    Pa. Bus Driver's Reinstatement Upheld In Harassment Case

    A Pennsylvania transit workers union can keep its win against a regional public transit operator over the firing of a bus driver accused of harassment, a state appellate court concluded Friday, finding that an arbitration award that changed the firing to a suspension drew its essence from the collective bargaining agreement.

  • April 11, 2025

    Dallas Jury Clears Omni Hotels Of Gender-Based Pay Bias

    A Dallas federal court jury on Friday cleared Omni Hotels Management Corp. of gender discrimination accusations in Omni's second go at defending against the suit before a jury, handing Omni a clean victory after the Fifth Circuit ordered a new trial.

  • April 11, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    Susman Godfrey LLP became the latest firm subjected to an executive order from President Donald Trump over its diversity, equity and inclusion practices and prior legal work, while five other firms including Kirkland & Ellis LLP and Latham & Watkins LLP reached deals with the Trump administration to stave off executive orders. Here, Law360 looks at notable DEI-related legal developments from the past week.

  • April 11, 2025

    Judge Says Ex-Prof Can't Thread Needle Of Tenure Bias Claim

    Mercer University defeated a yearslong lawsuit from a former professor who alleged she was denied a tenured position due to her gender, as a Georgia federal judge ruled that the professor was asking the court to become "a super personnel department tasked with looking over the shoulders of a decisionmaker."

  • April 11, 2025

    Ex-Exec Alleges Rampant Sex Harassment At Car Auction Co.

    A female former human resources chief at an online vehicle auction company was fired for speaking up against male executives' unchecked sexual misconduct and reporting that women in leadership received less compensation than men, according to a complaint filed in Texas state court.

  • April 11, 2025

    Rebuffed Medical Pot Patient Can Pursue Disability Bias Claim

    A Pennsylvania federal judge has reinstated a medical marijuana user's disability bias claim in a lawsuit against a Cleveland-based construction company after revisiting a prior order, finding the company might have failed to explore alternative accommodations for the man's disabilities — apart from cannabis use — before rescinding a job offer.

  • April 11, 2025

    Black Worker Says BuzzFeed Axed Her Over Bias Complaints

    A Black BuzzFeed communications professional was fired for complaining that her boss and colleagues made inappropriate race-based comments and treated her worse than comparable white employees, the worker told a New York federal court.

  • April 11, 2025

    University Wants Fired Jewish Worker's Bias Suit Nixed

    An Orthodox Jewish worker who said Washington University unlawfully fired her and her supervisor yanked her leave to observe the High Holidays cannot show the misconduct she experienced was severe or directed just at her, the university told a Missouri federal court.

  • April 11, 2025

    Calif. Forecast: Tesla Seeks To Split Up WARN Suit

    In the coming week, attorneys should watch for a potential ruling on a motion to send a worker's individual WARN Act claims against Tesla to arbitration and stay or dismiss nonindividual claims the worker is bringing. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • April 11, 2025

    EPA Workers Allege Discrimination Over Indefinite Leave

    U.S. Environmental Protection Agency employees dedicated to working on issues facing poor and minority communities exposed to disproportionate pollution say in a new complaint that the EPA is discriminating against them by forcing them into indefinite leave.

  • April 11, 2025

    Worker Seeks Full 6th Circ. Review Of Stomach Bug Bias Suit

    A former employee of a manufacturing component company urged the full Sixth Circuit to reconsider his suit claiming he was fired for needing time off to recover from a temporary stomach ailment, arguing an appeals panel ignored evidence of his disability when it upheld dismissal.

  • April 10, 2025

    Omni Hotel Underpaid Woman Due To Bias, Dallas Jury Hears

    Counsel for a woman accusing Omni Hotels Management Corp. of gender discrimination told a federal jury in Dallas on Thursday that the company paid her less than her three male predecessors, capping off the woman's second attempt at getting a verdict to stick after the Fifth Circuit ordered a new trial.

  • April 10, 2025

    Expedia Forced Restroom Spy Cam Victim To Quit, Suit Says

    A former Expedia Inc. employee who was the victim of voyeurism via a bathroom spy camera at work alleges in a complaint filed in Washington state court that she was forced to resign after the company retaliated against her for wanting to work from home after the incident.

  • April 10, 2025

    Soulja Boy's Ex-Assistant Wins $4.25M At Trial Over Abuse

    A jury in California state court held Thursday that the rapper known as Soulja Boy must pay $4.25 million for physically and sexually abusing his live-in personal assistant for nearly two years, according to the plaintiff's counsel.

  • April 10, 2025

    6th Circ. Says Ex-Mortgage Co. Worker Can't Avoid Arbitration

    A Black former United Wholesale Mortgage account executive can't keep his lawsuit claiming he was fired for reporting coworkers' racist comments out of arbitration, the Sixth Circuit ruled Thursday, saying his memory lapse about agreeing to arbitrate didn't excuse him from complying.

  • April 10, 2025

    Elevance Beats Teacher's Bias Suit Over Weight Loss Drugs

    A Maine federal judge tossed a teacher's proposed class action claiming health insurer Elevance committed disability discrimination by declining to cover weight loss medication to treat obesity, finding she hadn't shown bias was behind her health plan's refusal to pay for the drugs.

  • April 10, 2025

    Congressional Bill Would Amend FMLA To Bar Clawbacks

    Employers would be forbidden to recover health insurance costs from workers who use the federal Family and Medical Leave Act and then choose not to return to work under a bill introduced in Congress. 

  • April 10, 2025

    CSX Accused Of Punishing Workers For FMLA Leave

    Railroad giant CSX Transportation Inc. discourages and punishes its employees who miss work under the Family and Medical Leave Act through an attendance point system and scare tactics, according to a federal lawsuit filed by a conductor in North Carolina.

  • April 10, 2025

    Movie Theater Co. Inks $250K Deal In EEOC Age Bias Suit

    A movie theater chain has agreed to pay $250,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it forced an employee into retirement and pulled his health insurance after he turned 65, according to a Thursday court filing.

  • April 10, 2025

    DraftKings Engineer's Suit Over Parental Leave Narrowed

    A Massachusetts federal judge on Thursday hacked a former DraftKings engineer's retaliation lawsuit to nearly nothing, leaving intact a single claim that his firing by the sports betting platform violated the federal Family and Medical Leave Act.

  • April 10, 2025

    5th Circ. Revives Fired City Atty's ADA, Leave Suit

    A trial court jumped the gun when it tossed a former municipal attorney's suit claiming a Texas city didn't do enough to accommodate her anxiety and fired her for taking medical leave, the Fifth Circuit ruled.

  • April 10, 2025

    Thompson Hine Appeals Arbitration Denial In Harassment Suit

    Thompson Hine LLP notified a New York federal court Wednesday of its plans to appeal last week's ruling that a former income partner who accused the firm of allowing a "toxic boys club" to flourish in its Manhattan office can still pursue her harassment suit outside arbitration.

  • April 10, 2025

    6th Circ. Backs Ford In Race, Sexual Harassment Suit

    The Sixth Circuit declined to scrap a jury win for Ford Motor Co. in a Black ex-employee's suit claiming she was sexually assaulted and racially harassed on the job, ruling the verdict lined up with a lack of evidence that Ford could have stopped the alleged mistreatment sooner.

  • April 09, 2025

    Split 11th Circ. Denies Rehearing In Ga. Tech Title IX Case

    A sharply divided Eleventh Circuit refused Tuesday to grant a full-court rehearing of a panel decision ending a sex discrimination suit from Georgia Tech's longtime women's basketball coach, prompting a rebuke from the court's Democratic-appointed judges who said the court has "just failed to learn the lesson" that educators deserve a right of action under Title IX.

Expert Analysis

  • 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

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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.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.