Discrimination

  • March 26, 2025

    DOJ Can't DQ Judge In Perkins Coie Suit Over Trump Order

    A D.C. federal judge on Wednesday shot down a demand from the U.S. Department of Justice that she step aside from Perkins Coie LLP's lawsuit against the federal government over President Donald Trump's executive order targeting the firm.

  • March 26, 2025

    Need For Individual Analyses Sinks Class Bid In Vax Bias Suit

    A group of former workers claiming they were unlawfully denied medical and religious exemptions from a Pittsburgh public transportation system's COVID-19 vaccination policy cannot proceed as a class, a Pennsylvania federal judge ruled, saying the case involved too many individual issues.

  • March 26, 2025

    Trump Admin Asks Justices To End 'Fiscal Micromanagement'

    The U.S. Department of Education asked the Supreme Court on Wednesday to vacate a Boston federal judge's order reinstating $250 million in teacher training grants that the Trump administration targeted for cuts, saying the case presents an ideal vehicle to put a stop to "district-court fiscal micromanagement" of the executive branch.

  • March 25, 2025

    Diddy Producer's Atty Gets Warning For 'Shocking' Statement

    A New York federal judge threatened counsel for one of Sean "Diddy" Combs' former music producers with sanctions Monday for a pattern of false statements and inappropriate insults in civil sexual assault litigation, calling one statement in the attorney's court filings "not just disturbing, but shocking."

  • March 25, 2025

    Virginia Gov. Vetoes AI Bias Bill, Citing Industry Impact

    Virginia's governor has blocked legislation that would have required the developers and deployers of "high-risk" artificial intelligence systems used in employment, healthcare and other areas to implement safeguards against algorithmic discrimination, saying that the "burdensome" proposal would have "stifled" the burgeoning AI industry. 

  • March 25, 2025

    11th Circ. Weighs Muldrow Ruling In ASU Gender Bias Case

    Alabama State University on Tuesday faced an Eleventh Circuit judge's question on whether its argument for reversing a gender discrimination win for the school's former softball coach holds up under the U.S. Supreme Court's Muldrow ruling for Title VII claims.

  • March 25, 2025

    Trans Military Ban Rests On 'Unconvincing' Proof, Judge Says

    A Washington federal judge hinted Tuesday he might block the Trump administration's ban on transgender troops later this week, expressing doubt that the U.S. Department of Defense has evidence to back its stance that gender dysphoria alone makes people unfit for military service.

  • March 25, 2025

    Office Depot Must Face Ex-Manager's Sex Bias Claims At Trial

    A New York federal judge said Tuesday that a jury needs to probe a former Office Depot manager's claims that her supervisor sexually harassed her and that she was fired for purportedly making up the allegations, finding enough fact disputes on the record to warrant a trial.

  • 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.

Expert Analysis

  • 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.

  • Eye On Compliance: ADA Accommodations For Obesity

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    As the classification of "obesity" as a disability under the Americans with Disabilities Act continues to evolve, employers should note federal district and state court deviations from U.S. Equal Employment Opportunity Commission guidelines, which have deemed obesity to be a qualifying impairment, no matter the cause, says Lauren Stadler at Wilson Elser.

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

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    A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

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    While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • What To Expect As Worker Bias Suit Heads To High Court

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    The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.

  • Mitigating Construction Employers' Risks Of Discrimination

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    Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.

  • Cos. Should Focus On State AI Laws Despite New DOL Site

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    Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.

  • How The Tide Of EEOC Litigation Rolled Back In FY 2024

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    An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.

  • The Key Changes In Revised FDIC Hiring Regulations

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    Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.