Discrimination

  • August 22, 2025

    Worker Not Qualified For ADA Protection, 5th Circ. Says

    The Fifth Circuit declined Friday to revive an ex-worker's disability bias suit claiming a building products manufacturer wouldn't give her sedentary work to accommodate her diabetes-related complications before firing her, ruling her physical limitations made an accommodation impossible.

  • August 22, 2025

    Boeing Fights Disability Bias Suit Over Ratification Bonus

    A Washington state court should toss allegations that Boeing violated anti-discrimination law by excluding workers on long-term disability leave from a $12,000 contract ratification bonus, the aerospace giant argued, calling the proposed class action claims preempted by Section 301 of the Labor-Management Relations Act.

  • August 22, 2025

    9th Circ. Weighs Religious Bias Suit In LGBTQ+ Post Firings

    An attorney for two Christian flight attendants who say they were illegally fired by Alaska Airlines and abandoned by their labor union for opposing the airline's support for LGBTQ+ rights urged the Ninth Circuit Friday to revive their case, saying it is clear from the record that they were fired for their religious beliefs. 

  • August 22, 2025

    White Worker Fights Verizon's Dispute Of Judge's Bias Report

    Verizon's challenge to a federal magistrate judge's report about a fired white employee's race bias allegation incorrectly characterizes the court's analysis, the worker argued, defending the judge's recommendation that the company's summary judgment bid to toss a discrimination claim should be denied.

  • August 22, 2025

    Housing Supervisor Rebuts Ex-Employee's Retaliation Claim

    A former supervisor at the public housing authority in Charlotte, North Carolina, facing accusations of retaliation and creating a hostile work environment told jurors Friday that she never singled out a coordinator for punishment or had any inkling of discrimination within the organization that would rise to the level of violating federal housing laws.

  • August 22, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    The U.S. Supreme Court allowed the Trump administration to resume the termination of scientific grants that had been cut as part of its campaign against diversity, equity and inclusion, and the U.S. Department of Education accused George Mason University of unlawfully factoring race into employment decisions. Here, Law360 looks at notable DEI-related legal developments from the past week.

  • August 22, 2025

    Trump Admin To Appeal Susman Godfrey Exec Order Ruling

    The Trump administration announced Friday its intention to appeal a June ruling that struck down as unconstitutional an executive order targeting Susman Godfrey LLP, after the court said the order was issued in retaliation for its representation of clients and causes the president opposes.

  • August 22, 2025

    EEOC Seeks To Pry Loose Info In Native American Bias Probe

    The U.S. Equal Employment Opportunity Commission said Friday that it asked a New Mexico federal judge to enforce subpoenas seeking testimony from school administrators in a workplace investigation into Native American bias, after the district balked at the probe and called it a "fishing expedition."

  • August 22, 2025

    Calif. Forecast: X Wants WARN Act Trial Away From Jury

    In the coming week, attorneys should keep an eye out for a hearing on whether a trial in a WARN Act suit against X Corp. Inc. will be by jury or by court. Here's a look at that case and other labor and employment matters coming up in California.

  • August 22, 2025

    Ex-Calif. Judge Accused Of Sexually Assaulting Court Staffer

    A former California Superior Court judge has been charged with sexually assaulting a court employee and seeking to cover up that purported incident and another alleged assault, the U.S. Department of Justice announced Friday.

  • August 22, 2025

    NY Forecast: Judge Weighs Police Officer's Retaliation Suit

    This week, a New York federal judge will consider competing motions for wins before trial in a suit brought by a former police officer for a New York town who claims it has violated a settlement agreement and discriminated against him on the basis of race. Here, Law360 looks at this and other cases on the docket in New York.

  • August 21, 2025

    Pa. Court Revives Fired County Worker's Whistleblower Claim

    A Pennsylvania appeals court on Thursday sent back a dispute to a lower court over a fired county employee's whistleblower allegation tied to her reporting that a union representative secretly taped meetings, determining the union official acted as a county employee when she made the recordings.

  • August 21, 2025

    6th Circ. Reinstates Fired USPS Worker's Medical Leave Suit

    The Sixth Circuit on Thursday told a lower court to reassess a fired USPS employee's medical leave suit alleging the agency illegally faulted him for sickle cell anemia-related absences, saying the trial judge erred by using a doctor's estimate to cap his time off.

  • August 21, 2025

    9th Circ. Seems Chilly To Fee Award In Cop's Retaliation Suit

    The Ninth Circuit appeared hesitant Thursday to approve an approximately $600,000 attorney fee award in a city police officer's retaliation case, with one judge suggesting that the gap between fees and a low five-figure damages award the officer received "almost shocks the conscience."

  • August 21, 2025

    Pro-Israel Group Seeks Sanctions Against Fired Emory Prof

    A pro-Israel foundation has demanded a Georgia federal court sanction a Palestinian-American former Emory University professor who said the foundation was complicit in her ouster from the school, arguing the professor and her attorney have baselessly blamed "an imaginary Jewish conspiracy" for her firing.

  • August 21, 2025

    UC Grant Cuts Over DEI Likely Stifle Speech, 9th Circ. Says

    The Ninth Circuit on Thursday refused to pause a preliminary injunction requiring three federal agencies to reinstate research grants terminated following two of President Donald Trump's executive orders seeking to eliminate diversity, equity and inclusion, saying the terminations likely aimed to suppress speech favorable of DEI and environmental justice.

  • August 21, 2025

    American Airlines Knocks Out Class Cert. In Military Leave Suit

    A Pennsylvania federal judge has granted American Airlines' bid to revoke class certification in a suit alleging the airline unlawfully denied pilots pay and profit-sharing credit for time spent on military leave, agreeing the case raises too many individual questions.

  • August 21, 2025

    11th Circ. Backs Health System In Black Worker's Bias Suit

    The Eleventh Circuit ruled Thursday that a fired Black worker can't revive her race and disability bias suit against a Georgia health system, saying her failure to provide a proposed date to return from medical time off amounted to an unreasonable request for indefinite leave.

  • August 21, 2025

    NBA Tries To Alley-Oop Vax Ruling Across Manhattan Court

    A partial win for the NBA earlier this week on a New York federal discrimination lawsuit tied to its COVID-19 vaccine mandate prompted the organization to write a letter to a different judge urging him to consider the ruling on its similar case in the same court.

  • August 21, 2025

    Employer Plans In Limbo As Courts Grapple With Trans Care

    Despite appellate courts' apparent willingness to allow states to ban gender-affirming care for minors, employers are still waiting for clarity on whether federal anti-discrimination laws require health plans to cover transgender healthcare access, experts say.

  • August 21, 2025

    EEOC Race Bias Suit Over Janitor Layoffs Cleared For Trial

    A Washington, D.C., federal judge refused to throw out a U.S. Equal Employment Opportunity Commission suit claiming a janitorial company targeted Hispanic employees in a round of layoffs, saying a jury should weigh the company's argument that workers with the least seniority and qualifications got the boot.

  • August 20, 2025

    UC Berkeley Accused Of Bias Against Israeli Prof Applicant

    A dance researcher filed suit in California state court, accusing the University of California, Berkeley of rejecting her application to return as a visiting professor solely because she is Israeli.

  • August 20, 2025

    3 Takeaways After 5th Circ. Upends Texas PWFA Injunction

    The Fifth Circuit recently struck down an injunction that barred the U.S. Equal Employment Opportunity Commission from enforcing the Pregnant Workers Fairness Act against Texas, in a legal battle experts say could be destined for the U.S. Supreme Court. Here are three things to know following the appeals court's ruling.

  • August 20, 2025

    Mortgage Firm Settles Harassment, Retaliation Lawsuit

    CrossCountry Mortgage LLC and a branch manager have reached a settlement with a former employee in a sexual harassment and retaliation suit, the parties recently announced.

  • August 20, 2025

    4th Circ. Revives Firefighter's State Claim Over Demotion

    The Fourth Circuit reinstated a state law whistleblower claim Wednesday from a firefighter for a Virginia city who said she was unfairly demoted after being accused of making an offensive comment about a gay coworker, but backed the dismissal of her federal sex bias and retaliation claims.

Expert Analysis

  • 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.

  • How The Presidential Election Will Affect Workplace AI Regs

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.