Discrimination

  • May 08, 2025

    Quorum Would Let EEOC Fully Embrace Trump Agenda

    Confirmation of the Republican attorney nominated by President Donald Trump to join the U.S. Equal Employment Opportunity Commission would likely herald a swift overhaul of Biden-era policies along with an uptick in EEOC lawsuits and amicus briefs championing conservative priorities.

  • May 08, 2025

    Pa. Jury Awards $165K To Teachers In Equal Pay Suit

    A Pennsylvania jury awarded a total of $165,000 in damages to two female teachers who claimed they had been unfairly paid less than their male counterparts in the Central Bucks School District Thursday.

  • May 08, 2025

    DOJ Civil Rights Appellate Leader Joins Crowell & Moring

    Crowell & Moring LLP hired the acting deputy chief of the Justice Department's Civil Rights Division's Appellate Section as a senior counsel who will be based in Washington focusing on a range of higher education matters, the firm announced Thursday.

  • May 08, 2025

    Jury Says Firm Owes Ex-HR Exec $3.27M In Retaliation Case

    A Tennessee federal jury said a personal injury firm should pay $3.27 million to a former chief people officer who claimed she was fired after raising concerns that female attorneys were being paid less than men.

  • May 08, 2025

    5th Circ. Says Late Filing Dooms Fired Worker's Vax Bias Suit

    The Fifth Circuit declined to revive an ex-Texas Children's Hospital worker's bias suit claiming she was fired for seeking a religious exemption to its COVID-19 vaccination requirement, rejecting her argument that a lost password excused missing a deadline to file the case.

  • May 08, 2025

    Lewis Brisbois Litigator Jumps To FordHarrison In LA

    Management-side labor and employment firm FordHarrison LLP is growing its West Coast team, bringing in a litigator from Lewis Brisbois Bisgaard & Smith LLP as a partner in its Los Angeles office.

  • May 07, 2025

    DOJ Drops Bias Claims Over NY Fire Dept. Hiring Practices

    The U.S. Department of Justice dropped its claims on Wednesday in long-running federal litigation against New York City over allegedly discriminatory hiring practices against minority firefighter applicants, two weeks after President Donald Trump signed an executive order that seeks to end disparate impact as a theory of liability for unlawful discrimination.

  • May 07, 2025

    BNSF Fired Conductor For Seeking Injury Payment, Suit Says

    BNSF Railway Co. has been hit with an employment retaliation suit in Washington federal court by a former conductor who claims he was wrongfully fired based on an unsubstantiated rule violation after he sought compensation for a brake rigging accident that severely injured his hand.

  • May 07, 2025

    Illinois Seeks Exit From Suit Over Demographic Data Law

    Illinois asked a federal judge to toss a lawsuit brought by a group called the American Alliance for Equal Rights that seeks to block the state from enforcing a law requiring nonprofits to publicize their demographic data, saying the organization has no standing to bring the claims.

  • May 07, 2025

    NY Legal Aid Union Accused Of Antisemitism At NLRB, EEOC

    A United Auto Workers affiliate representing attorneys at a New York legal services organization violated federal laws when the union thwarted antisemitism measures in the workplace, a nonprofit alleged Wednesday in announcing charges it filed at the National Labor Relations Board and U.S. Equal Employment Opportunity Commission.

  • May 07, 2025

    9th Circ. Axes Fired University Worker's 1st Amendment Fight

    The Ninth Circuit on Wednesday refused to revive a lawsuit claiming two former University of Arizona officials fired a health sciences employee because of his husband's criticisms of a hiring process, saying the administrators are immune from the worker's free speech claim.

  • May 07, 2025

    Similar Federal Suit Found To Bar A&M Texarkana Bias Case

    A state appeals court has said Texas A&M University-Texarkana could escape an employment discrimination lawsuit brought by a former employee, ruling that his claims are barred by a nearly identical suit he previously filed in federal court.

  • May 07, 2025

    6th Circ. Weighs Muldrow's Impact On Prof.'s Trans Bias Suit

    The Sixth Circuit wrestled Wednesday with whether the U.S. Supreme Court's landmark Muldrow decision warrants giving a transgender Kent State University professor a second chance at lawsuit alleging a promised promotion was revoked because of their gender identity.

  • May 07, 2025

    Veterinary Pathologist's Pay Bias Suit Teed Up For Trial

    A New Jersey federal judge said a jury needs to probe a veterinary pathologist's claims that an animal health company unlawfully paid her less than two male co-workers, ruling there isn't enough proof to definitely say whether they performed equal work.

  • May 07, 2025

    2nd Circ. Backs NYC Win In IT Worker's Bias, Retaliation Suit

    A former New York City telecommunications employee cannot revive her lawsuit alleging she was pushed out after managers scheduled meetings during her lunch because she reported a supervisor's inappropriate touching, the Second Circuit ruled Wednesday, saying there's no evidence the managers knew her migraines necessitated a specific lunch break.

  • May 07, 2025

    6th Circ. Seems Hesitant To Revive UMich Law Prof's Bias Suit

    The Sixth Circuit appeared skeptical Wednesday about reopening a Black University of Michigan Law School professor's suit alleging she was unlawfully disciplined after she complained about race discrimination, with the panel questioning if she adequately refuted the school's nondiscriminatory reasons for its action.

  • May 07, 2025

    Facility Support Co. Settles Fired Worker's Race Bias Suit

    A maintenance and facility support company has agreed to settle a Black former worker's suit claiming she was pushed out of her supervisory role to make space for a white employee, according to a Wednesday filing in Georgia federal court.

  • May 07, 2025

    Home Retailer Agrees To End EEOC Disability Bias Probe

    A manufactured homes dealer in Oregon agreed to update its antidiscrimination policies to resolve a U.S. Equal Employment Opportunity Commission investigation into claims that it fired an employee for requesting a schedule change because of her disability.

  • May 07, 2025

    Mental Health Group Failed To Rein In Harasser, EEOC Says

    A mental health organization stood by while a male supervisor harassed female co-workers with unwanted hugs and sexual comments, costing one worker her job after his behavior triggered her mental health disorders, the U.S. Equal Employment Opportunity Commission told a North Carolina federal court.

  • May 07, 2025

    Trump Taps Assistant US Atty To Join EEOC

    President Donald Trump has nominated an assistant U.S. attorney in Florida to fill one of the three open seats on the U.S. Equal Employment Opportunity Commission.

  • May 06, 2025

    Potential For DEI-Related Suits Vexes Employers, Report Says

    Businesses are increasingly worried about facing litigation centering on their diversity, equity and inclusion initiatives amid the Trump administration's vocal opposition to DEI, but employers aren't in a rush to overhaul workplace diversity programs, according to a new report issued by Littler Mendelson PC.

  • May 06, 2025

    Indian IT Co. Can't Nix White Ex-Worker's American Bias Suit

    A New Jersey federal judge declined to toss a white American worker's bias suit claiming he was laid off from an information technology company that favored Indian and South Asian workers, ruling the business can't dodge the complaint even if it mirrors allegations brought by another employee.

  • May 06, 2025

    Marriott Accused Of Revoking Sabbath Accommodation In Fla.

    The U.S. Equal Employment Opportunity Commission is suing Marriott for alleged religious discrimination in Florida federal court, alleging an employee was forced to resign after her managers rescinded her Sabbath accommodation and required her to work on Saturdays.

  • May 06, 2025

    10th Circ. Backs Army In Explosives Supervisor's Bias Suit

    The Tenth Circuit declined Tuesday to revive an age and gender bias suit from a U.S. Army explosives supervisor who said she was unlawfully denied a promotion, ruling she failed to overcome the Army's argument that a poor interview stopped her from moving up.

  • May 06, 2025

    11th Circ. Seems Open To Reviving Coal Workers' Bias Suit

    The Eleventh Circuit on Tuesday appeared inclined to reinstate a race discrimination suit brought against a coal company by two Black former employees, with one judge saying the case could present two narratives for jurors to sort out.

Expert Analysis

  • Determining What 'I Don't Feel Safe' Means In The Workplace

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    When an employee tells an employer "I don't feel safe," the phrase can have different meanings, so employment lawyers must adequately investigate to identify which meaning applies — and a cursory review and dismissal of the situation may not be a sufficient defense in case of future legal proceedings, says Karen Elliott at FordHarrison.

  • How EEOC Enforcement Priorities May Change Under Trump

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    The U.S. Equal Employment Opportunity Commission has already been rocked by the Trump administration's dramatic changes in personnel and policy, which calls into question how the agency may shift its direction from the priorities set forth in its five-year strategic enforcement plan in 2023, say attorneys at Seyfarth.

  • Handbook Hot Topics: Back To Basics After Admin Change

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    Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.

  • What Axed Title IX Gender Identity Rule Means For Higher Ed

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    Following a Kentucky federal court's recent decision in State of Tennessee v. Cardona to strike down a Biden-era rule that expanded the definition of Title IX to prohibit discrimination on the basis of gender identity, institutions of higher education should prepare to reimplement policies that comply with the reinstated 2020 rule, say attorneys at Venable.

  • A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts

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    Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.

  • Workforce Data Collection Considerations After DEI Order

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    Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order’s prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.

  • How DOGE's Severance Plan May Affect Federal Employees

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    President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • 10 Issues To Watch In Aerospace And Defense Contracting

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    This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.

  • Undoing An American Ideal Of Fairness

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    President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.

  • Employer Tips For Wise Use Of Workers' Biometrics And Tech

    Excerpt from Practical Guidance
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    Employers that collect employee biometric data and operate bring-your-own-device policies, which respectively offer better corporate security and more flexibility for workers, should prioritize certain best practices to protect the privacy and rights of employees and safeguard sensitive internal information, says Douglas Yang at Sheppard Mullin.

  • Unprecedented Firings And The EEOC's Shifting Agenda

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    While President Donald Trump's unprecedented firing of Democratic Equal Employment Opportunity Commission members put an end to the party's voting majority, the move raises legal issues, as well as considerations related to the EEOC's lack of a quorum and shifting regulatory priorities, says Ally Coll at the Purple Method.

  • What Trump Admin's Anti-DEI Push Means For FCA Claims

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    President Donald Trump's recent rescission of a 60-year-old executive order imposing nondiscrimination requirements on certain federal contractors has far-reaching implications, including potential False Claims Act liability for contractors and grant recipients who fail to comply, though it may be a challenge for the government to successfully establish liability, say attorneys at Bass Berry.