Discrimination

  • September 19, 2025

    4 Things To Know About Calif. Workplace AI Oversight Bill

    California lawmakers recently approved legislation that would require companies to apply human oversight and notify workers when using artifical intelligence tools to make employment decisions. Here are four key things to know about the bill as attorneys wait to see if Gov. Gavin Newsom signs it into law.

  • September 19, 2025

    Wash. Biz Owner Sexually Harassed Bikini Baristas, AG Says

    The owner of several Seattle-area "bikini barista" espresso stands has been hit with a sweeping employment discrimination suit claiming he made women strip naked in front of him during job interviews, provide sexual favors to keep their hours and get paid, and perform similar nude "shows" for customers.   

  • September 19, 2025

    Teacher Says Firing Over Kirk Post Violated 1st Amendment

    A former teacher has filed a lawsuit against an Iowa school district in federal court, claiming his First Amendment rights were violated when he was fired for calling conservative commentator Charlie Kirk a "nazi" on social media the day Kirk was shot and killed.

  • September 19, 2025

    NFL Warns Arb. Ruling Could Disrupt Sports Dispute Process

    The NFL has asked the Second Circuit for a rehearing on its finding that the league provides arbitration "in name only" because its process lacks neutrality, arguing that the decision will disrupt long-standing procedures across professional sports and undermine a league's authority to resolve disputes.

  • September 19, 2025

    Fed Workers Can Telework For Religious Reasons, DOJ Says

    Federal employees should be allowed to telework occasionally for religious reasons, even after President Donald Trump's January executive order requiring in-person attendance for government workers, the U.S. Department of Justice said.

  • September 19, 2025

    Former Immigration Judge's Bias Suit Gets Trimmed In Fla.

    A Florida federal judge has trimmed multiple counts from a former immigration judge's discrimination lawsuit, finding that she failed to back up her bias claims.

  • September 19, 2025

    11th Circ. Signals Damage Caps Can't Be Waived In Bias Suits

    The Eleventh Circuit on Friday challenged the U.S. Equal Employment Opportunity Commission's argument that courts can disregard statutory damage limits in workplace discrimination suits if companies don't invoke them early enough in litigation, as one judge declared that "you can't waive law."

  • September 19, 2025

    Fired Public Housing CEO Sues NC City, Alleging Racial Bias

    The former CEO of a North Carolina city's public housing authority has hit the city and authority board with a race discrimination and breach of contract suit, alleging in North Carolina federal court that the defendants violated her work contract because she's an African American woman.

  • September 19, 2025

    Google Must Face Suit Over Mideast Protest Firings

    Google managed to narrow, but couldn't knock out, a proposed class action challenging the firings of employees who protested the company's connections to the Israeli military, as a California federal court said it's too soon to decide if the in-office dissent lost the protection of federal anti-retaliation law.

  • September 19, 2025

    Medical Marijuana Co. Fired Worker Over Seizures, EEOC Says

    A medical marijuana business fired an employee soon after she asked to take breaks at work to accommodate her seizure condition, according to a suit filed by the U.S. Equal Employment Opportunity Commission in Florida federal court.

  • September 19, 2025

    Calif. Forecast: Fast-Food Workers Seek Wage Suit Sanctions

    In the coming week, attorneys should keep an eye out for arguments regarding sanctions in a wage and hour class action against an operator of Jack in the Box restaurants. Here's a look at that case and other labor and employment matters coming up in California.

  • September 18, 2025

    Polsinelli Can't Trim, Arbitrate Atty's Sexual Harassment Case

    Polsinelli PC and two former partners cannot trim and compel arbitration of claims in a $20 million sexual harassment and retaliation lawsuit brought by a former equity shareholder, a D.C. federal judge ruled Thursday, saying the shareholder plausibly alleges her claims and isn't required to arbitrate the dispute.

  • September 18, 2025

    Starbucks Accused Of Not Paying For 'Restrictive' Dress Code

    Starbucks employees from Colorado, Illinois and California on Wednesday launched legal actions against the coffeehouse giant for allegedly refusing to reimburse them for clothing and shoes despite requiring a new dress code.

  • September 18, 2025

    EEOC Sues Security Firms Over 'Sexually Hostile' Workplace

    The U.S. Equal Employment Opportunity Commission on Thursday filed suit on behalf of a Georgia woman who was allegedly discriminated against while working as a security officer and then fired when she complained about the "sexually hostile work environment."

  • September 18, 2025

    DOL Proposal To Nix Bias Regs Draws Over 1,000 Comments

    The public comment window closed Wednesday on a U.S. Department of Labor proposal to scrap decades-old regulations that impose nondiscrimination and affirmative action requirements on federal contractors. Here, Law360 looks at some of the themes from the feedback.

  • September 18, 2025

    7th Circ. Judge Wary Of Ex-Firefighter's Free Speech Position

    A Seventh Circuit judge on Thursday said an attorney for a former Chicago firefighter seeking to revive a suit claiming he was unlawfully fired for a series of memes and other statements posted on Facebook seemed to be making a "hyperbolic" argument that public employers cannot regulate speech outside the workplace.

  • September 18, 2025

    EEOC Says Home Care Co.'s Owner Harassed Female Workers

    The U.S. Equal Employment Opportunity Commission alleged in federal court Thursday that an owner of a Virginia-based home healthcare provider groped female employees and subjected them to unwelcome sexual comments, prompting many to quit.

  • September 18, 2025

    Microsoft Whistleblower Suit Can Proceed, Judge Says

    A former Microsoft worker can keep pursuing his federal whistleblower claim in his suit accusing the company of firing him for flagging compliance issues and misconduct, a Texas federal court ruled in its order determining the employee's alleged failure to utilize administrative proceedings does not bar him from bringing the claims.

  • September 18, 2025

    Caterpillar Unit Escapes Fired HR Worker's Age Bias Suit

    A Colorado federal judge tossed a suit Thursday from a former human resources manager who said a Caterpillar Inc. subsidiary fired her because she was in her mid-50s, finding she failed to overcome evidence of performance issues that included repeated mistakes and disclosures of confidential information.

  • September 18, 2025

    U. Of Arkansas Must Face Ex-Coach's Equal Pay Claims

    A former assistant softball coach for the University of Arkansas has sufficiently supported her claims that she was paid less than two male coaches, a federal judge said Thursday, keeping her suit in place.

  • September 18, 2025

    Calif. County Deputy DA Loses Free Speech Retaliation Suit

    A California federal judge has tossed a retaliation suit from a former Santa Clara County, California, deputy district attorney.

  • September 18, 2025

    DOJ Tells Austin, Texas, Its Diversity Goals May Be Unlawful

    The U.S. Department of Justice told the Democratic mayor of Austin, Texas, on Thursday that it was launching an investigation into the city's employment practices, saying Austin's stated desire to promote "racial equity" in its workplaces may violate federal antidiscrimination law.

  • September 18, 2025

    Dallas Fed Settles Former Employee's Race Bias Case

    The Federal Reserve Bank of Dallas resolved an Indian ex-employee's lawsuit alleging he was let go for complaining to management that he and other employees of color received unfair poor performance ratings from a white supervisor, according to a Thursday filing in Texas federal court.

  • September 18, 2025

    1st Circ. Won't Lift Block On HHS Job, Program Cuts

    The First Circuit on Wednesday rejected a bid by the Trump administration to let it move ahead with cutting 10,000 jobs and end a number of programs at the U.S. Department of Health and Human Services while it appeals a Rhode Island federal judge's order temporarily barring the plan.

  • September 18, 2025

    Withheld Email Not Enough To Revive Doc's Retaliation Suit

    A psychiatrist failed to convince the Second Circuit to reinstate his suit claiming a New York City-area hospital system forced him out because he raised patient safety concerns, with the appeals court saying he couldn't show the hospital's omission of an email during discovery was purposeful.

Expert Analysis

  • 8th Circ. Rulings Show Employer ADA Risks In Fitness Tests

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    Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.

  • It Ends With Us Having No Coverage?

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    A recent suit filed by Harco National Insurance disclaiming coverage for Wayfarer and Justin Baldoni's defense against Blake Lively's claims in the "It Ends With Us" legal saga demonstrates that policyholders should be particularly cautious when negotiating prior knowledge exclusions in their claims-made policies, says Meagan Cyrus at Shumaker.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

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    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • Justices Could Clarify Post-Badgerow Arbitration Jurisdiction

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    If the U.S. Supreme Court grants a certiorari petition in Jules v. Andre Balazs Properties, it could provide some welcome clarity on post-arbitration award jurisdiction, an issue lingering since the court's 2022 decision in Badgerow v. Walters, says David Pegno at Dewey Pegno.

  • New Federal Worker Religious Protections Test All Employers

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    A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.

  • Navigating Administrative Exhaustion In EEOC Charges

    Excerpt from Practical Guidance
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    Before responding to a U.S. Equal Employment Opportunity Commission charge, employers should understand the process of exhausting administrative remedies and when it applies, and consider several best practices, such as preserving records and crafting effective position statements, says Matthew Gagnon at Ogletree.

  • Justices' Decision Axing Retiree's ADA Claim Offers Clarity

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    The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.

  • Trans Bias Suits Will Persist Despite EEOC's Shifting Priorities

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    In U.S. Equal Employment Opportunity Commission v. Sis-Bro, an Illinois federal court let a transgender worker intervene in a bias suit that the EEOC moved to dismiss, signaling that the agency's pending gender identity-related actions will carry on even as its priorities shift to align with the new administration, say attorneys at Venable.

  • Reverse Bias Rulings Offer Warning About DEI Quotas

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    Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.

  • 4 In-Flux Employment Law Issues Banks Should Note

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    Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.

  • 7 Ways Employers Can Avoid Labor Friction Over AI

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    As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.

  • 3rd Circ. Bias Ruling Offers Safety Policy Exception Lessons

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    The Third Circuit's decision in Smith v. City of Atlantic City, partially reinstating a religious bias suit over a policy requiring firefighters to be clean-shaven, cautions employers on the legal risk of including practical or discretionary exceptions in safety procedures, say Joseph Quinn and Mark Schaeffer at Cozen O'Connor.

  • Managing Risks As State AGs Seek To Fill Enforcement Gap

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    Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.