Discrimination

  • March 25, 2025

    Expedia, White Job Applicant End Race Bias Suit

    A white male job applicant agreed to drop his lawsuit claiming Expedia took back an offer for an executive-level position in favor of a Black woman because of the company's focus on diversity, according to a filing in Texas federal court.

  • March 25, 2025

    'Biased' Arbitration At Stake As Flores, NFL Speak To 2nd Circ.

    A Second Circuit panel weighing former NFL coach Brian Flores' discrimination suit against the league acknowledged Tuesday that shipping the aggrieved coach's dispute to arbitration could pave a new course in corporate dispute settlement.

  • March 25, 2025

    Con Ed To Enact Reforms To Settle NY AG's Bias Case

    New York utility provider Consolidated Edison Inc. will pay $750,000 and implement a series of workplace reforms to resolve an investigation that found it allowed widespread discrimination and harassment of female and nonwhite employees, state Attorney General Letitia James said Tuesday.

  • March 25, 2025

    Hershey Escapes Ex-Production Worker's Leave Bias Suit

    Hershey defeated a former production operator's lawsuit claiming he was fired for taking time off to assist his wife with fertility treatments, a Pennsylvania federal judge ruled, saying there was nothing wrong with an internal investigation that found he was misusing the leave he'd been given.

  • March 25, 2025

    NYPD Denied Vax Waiver To Detective, Suit Says

    A former New York City Police Department detective has filed a lawsuit against the department and city alleging he was effectively forced out after being denied a religious exemption for the COVID-19 vaccine.

  • March 25, 2025

    Jenner & Block Latest BigLaw Firm Targeted In Trump Order

    President Donald Trump on Tuesday signed an executive order aimed at Jenner & Block LLP, suspending security clearances for its employees and taking other actions in response to the firm's pro bono work and a former partner's role as a top deputy to former special counsel Robert Mueller.

  • March 25, 2025

    2nd Circ. Backs Broad Reading Of ADA In Teacher's PTSD Suit

    The Second Circuit revived a teacher's suit Tuesday claiming her school district failed to accommodate her PTSD with afternoon work breaks, upending a lower court's finding that the district wasn't required to provide the breaks because she could perform her key duties without them.

  • March 25, 2025

    6th Circ. Won't Revive Fired Ky. Worker's Race Bias Case

    The Sixth Circuit backed a Kentucky state agency's win over a former juvenile justice department worker's suit claiming he was fired because he's Black, finding he couldn't overcome his former employer's explanation that he was let go for using excessive force on the job.

  • March 25, 2025

    Construction Co. Inks Deal To End EEOC's Diabetes Bias Suit

    A construction supply company has agreed to pay a former worker $150,000 to end a disability bias suit brought by the U.S. Equal Employment Opportunity Commission claiming he was sacked for taking snack breaks to manage his diabetes, according to a court filing.

  • March 25, 2025

    Trump Taps EEOC Acting Chair Lucas To Serve Through 2030

    President Donald Trump has nominated the U.S. Equal Employment Opportunity Commission's acting chair and its sole Republican member, Andrea Lucas, to serve another five-year term at the agency.

  • March 24, 2025

    Colo. Judge Doubts Iffy Firing Facts Can Get Restaurant A Win

    A Colorado federal judge was skeptical Monday that he, rather than a jury, should be the one to decide whether a seafood restaurant fired a worker because of her nationality or because she drank alcohol before a shift, in a suit brought by the U.S. Equal Employment Opportunity Commission.

  • March 24, 2025

    Ill. County Must Face Public Defender's 1st Amendment Claim

    An Illinois federal judge on Friday trimmed a public defender's constitutional claims against her county employer after she was disciplined for displaying a photograph in an office area of her holding a gun in front of an Israeli flag following the Oct. 7 Hamas terrorist attack in Israel, dismissing her First Amendment prior restraint claim but otherwise allowing her suit to proceed.

  • March 24, 2025

    Ill. Law Firm Accused Of Suing Wrong Co., Lying About Error

    A doctor who sought to pursue an employment discrimination claim against former employer Humana Inc. claims in an Illinois state court lawsuit that the law firm he hired to handle his case filed claims against Cigna instead, forged his signature and didn't fix its attorneys' errors before the statute of limitations ran out.

  • March 24, 2025

    Judge Blocks Texas A&M's Drag Show Ban, Cites First Amendment

    A federal judge in Houston on Monday blocked a Texas A&M University System policy banning drag performances on its campuses, writing that a student group's drag performance is a form of theater that could proceed this week as planned.

  • March 24, 2025

    Trump Taps Morgan Lewis Atty To Lead OFCCP

    The Trump administration has selected a former Morgan Lewis & Bockius LLP attorney to lead the Office of Federal Contract Compliance Programs, with the lawyer promising Monday to uphold the president's mandate of stripping the agency's legal authority to investigate bias complaints against federal contractors.

  • March 24, 2025

    EEOC Slams Hooters' 'Blatant Violation' Of Settlement Pact

    Hooters isn't making good on its agreement to shell out $250,000 to end a U.S. Equal Employment Opportunity Commission lawsuit claiming one of its restaurants refused to rehire Black employees during the COVID-19 pandemic, the EEOC told a North Carolina federal court.

  • March 24, 2025

    Pet Care Co. Ends EEOC Disability Bias Suit Over Drug Policy

    A pet care facility has reached a deal with the U.S. Equal Employment Opportunity Commission to close a disability discrimination suit claiming it illegally yanked job offers from workers who tested positive for medication legally prescribed to them by doctors under a "zero tolerance" drug policy.

  • March 24, 2025

    Older Worker Says Logistics Co. Underpaid Him

    A 76-year-old worker said he was forced to retire because a global logistics provider discriminated against him because of his age and disabilities and misclassified him as a manager to avoid paying him overtime, a lawsuit filed in North Carolina federal court said.

  • March 24, 2025

    Justices Turn Away Expelled College Student's Sex Bias Suit

    The U.S. Supreme Court refused on Monday to wade into a former University of Iowa graduate student's lawsuit claiming he was kicked out over sexual misconduct allegations, leaving in place the Eighth Circuit's conclusion that he'd failed to show he was targeted because of his gender.

  • March 24, 2025

    5th Circ. Backs Chevron Phillips Chemical In Bias Suit

    The Fifth Circuit declined to revive a Black worker's suit claiming Chevron Phillips Chemical Co. fired him because of race and age discrimination, ruling he failed to put forward proof that bias drove the termination rather than his inability to pass a training exam.

  • March 21, 2025

    Paul Weiss Stuns Legal Industry With Trump DEI Deal

    Paul Weiss Rifkind Wharton & Garrison LLP's decision to strike a deal with the Trump administration to defuse an executive order targeting the firm has drawn criticism across the legal industry and highlights the challenges preventing BigLaw firms from taking collective action against the White House.

  • March 21, 2025

    4th Circ. Says Longtime Bank Exec Can't Revive Age Bias Suit

    The Fourth Circuit on Friday refused to reopen a former bank executive's lawsuit claiming he was demoted and ultimately fired after three decades because he was in his 60s, saying a lower court correctly determined that his disclosure of confidential information warranted termination.

  • March 21, 2025

    DOD Wants Transgender Ban Injunction Dissolved

    The U.S. Department of Defense asked a Washington, D.C., federal judge Friday to lift an injunction blocking it from implementing a policy that the judge ruled wrongly banned transgender people from serving in the military, saying she had misinterpreted the policy.

  • March 21, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    The U.S. Equal Employment Opportunity Commission and the Justice Department issued joint guidance on spotting potentially unlawful diversity, equity and inclusion practices, the EEOC's acting chair demanded DEI information from 20 law firms, and President Donald Trump said he'd rescind an executive order that targeted Paul Weiss. Here's a rundown of the past week's DEI-related legal developments. 

  • March 21, 2025

    Stifel Ends Sex Harassment Suit That Went Up To 2nd Circ.

    Stifel Nicolaus & Co. has resolved a lawsuit from a banker who alleged her supervisor made sexual comments and touched her inappropriately, about six months after the Second Circuit found a law barring the mandatory arbitration of sexual harassment claims shielded her case.

Expert Analysis

  • 5 Employer Defenses To Military Status Discrimination Claims

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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
    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.