Discrimination

  • August 13, 2025

    Flores Cites Gruden's Win Averting Arbitration In NFL Suit

    Fired former Miami Dolphins coach Brian Flores sent a letter to the Second Circuit arguing the recent decision by the Nevada Supreme Court not to send the dispute of former Las Vegas Raiders coach Jon Gruden to arbitration is pertinent to his efforts to avoid arbitration in his discrimination lawsuit against the NFL.

  • August 13, 2025

    7th Circ. Backs Chicago In White Worker's Race Bias Suit

    The Seventh Circuit affirmed the dismissal of a white Chicago city worker's suit claiming she was suspended three times by her Black boss out of racial discrimination, saying she hadn't rebutted the city's argument that performance issues, not prejudice, got her disciplined.

  • August 12, 2025

    West Point, Air Force Academy Settle Admissions Bias Suits

    President Donald Trump's administration said Tuesday that it has settled two lawsuits lodged by an anti-affirmative-action organization that challenged the use of race in admissions decisions by the U.S. Air Force Academy and the U.S. Military Academy at West Point.

  • August 12, 2025

    Worker's Flu Shot Ruling Goes Too Far, 5th Circ. Dissent Says

    A Fifth Circuit judge on Monday said a woman briefly suspended from Texas Children's Hospital over her refusal to get a flu vaccine should be able to pursue her religious discrimination suit even though the hospital ultimately accommodated her beliefs.

  • August 12, 2025

    Ex-Paralegal Sues Rueb Stoller For Race Bias

    A Georgia law firm was sued in federal court by a Black former civil litigation paralegal who alleged she faced a "pattern of marginalization" due to her race before eventually resigning after a co-worker "hurled" a racial slur at her.

  • August 12, 2025

    6th Circ. Raises Bar For Suits Over Harassment By Customers

    The Sixth Circuit recently rejected decades-old U.S. Equal Employment Opportunity Commission guidelines and made it tougher for workers to successfully sue employers over harassment by customers, in a ruling that experts said showed the influence of last year's Loper Bright opinion from the nation's highest court.

  • August 12, 2025

    NM School Board Sues Feds Over Native American Bias Probe

    A New Mexico school board is suing the U.S. Equal Employment Opportunity Commission and acting Chair Andrea Lucas, arguing they overstepped their authority by lodging an "overly broad and vague" Native American discrimination charge and probe against it.

  • August 12, 2025

    GWU Didn't Adequately Safeguard Jewish Students, DOJ Says

    The U.S. Department of Justice said Tuesday that George Washington University violated federal antidiscrimination law by not doing enough to address on-campus hostility against Jewish and Israeli students and faculty.

  • August 12, 2025

    NJ Judge Trims Ex-Bank Regulator's Discrimination Suit

    A New Jersey state judge has trimmed a discrimination and retaliation suit brought by a former acting director at the state's Department of Banking and Insurance, tossing her unequal pay and hostile work environment claims, but allowing her retaliation and failure to promote claims to proceed.

  • August 12, 2025

    Paralegal's Bias Suit Fails To Show ADA Violation, Firm Says

    The Driscoll Firm PC, which was accused of unfairly firing a paralegal after she disclosed her cancer recurrence, told a North Carolina federal court it should be freed from the lawsuit because the former worker didn't allege she was guaranteed protection under several federal laws.

  • August 12, 2025

    Ohio Manufacturer Strikes Deal In EEOC Sex Bias Suit

    A private equity-owned manufacturer has reached a deal to end a U.S. Equal Employment Opportunity Commission suit accusing it of refusing to hire women for production floor jobs and firing a human resources director who pushed to recruit women, according to a filing in Ohio federal court.

  • August 11, 2025

    2nd Circ. Revives Ex-Fed Worker's COVID Vax Exemption Suit

    The Second Circuit has revived a former employee's claims against the Federal Reserve Bank of New York over its COVID-19 vaccination requirement, saying Monday there was a disputed issue of fact over whether the executive assistant had a genuine religious objection.

  • August 11, 2025

    What To Know Following DOJ's Guidance On 'Unlawful' DEI

    The U.S. Department of Justice recently issued guidance that marks the Trump administration's most detailed explanation yet of the types of diversity, equity and inclusion-related practices it considers illegal, a move that experts say offers clues about how future enforcement actions will look. Here are five takeaways.

  • August 11, 2025

    Christian Groups Win Reprieve From EEOC, HHS Regs

    A Texas federal court blocked the U.S. Equal Employment Opportunity Commission and the U.S. Department of Health and Human Services from enforcing Biden-era rules and guidance against two Christian organizations, saying provisions pertaining to abortion, fertility and gender-affirming care flout the groups' Religious Freedom Restoration Act rights.

  • August 11, 2025

    Charlotte Housing Authority Seeks To Split Bias Trial In Two

    Charlotte's public housing authority Inlivian asked a North Carolina federal judge Monday to divvy up a former coordinator's upcoming workplace retaliation and discrimination trial into two parts so punitive damages are resolved separately.

  • August 11, 2025

    WWE Accuser Can Get Doctor's Records, But Not Depositions

    The former World Wrestling Entertainment Inc. legal staffer who is suing the company on sex trafficking and abuse claims can access medical and billing records from her visits to a celebrity doctor, but she can't conduct any depositions without filing a separate lawsuit, a Connecticut state court judge ruled Monday.

  • August 11, 2025

    Fisher Phillips Adds Back Kahana Feld Labor Atty In Calif.

    Fisher Phillips is expanding its West Coast team, announcing Monday a Kahana Feld LLP labor and employment ace is returning to the firm as a partner its Orange County office in Irvine, California.

  • August 11, 2025

    Fired PGA Tour Reporter Says Vaccine, Mask Objections Legit

    A former PGA Tour on-air talent, who was terminated for not complying with COVID-19 protocols, has told a Florida federal court that a trial is the appropriate vehicle through which to analyze whether her religious objections were "bona fide," and that the question cannot be addressed at the summary judgment stage.

  • August 11, 2025

    NJ Says Subpoenas In Judge's Removal Suit Directly Relevant

    New Jersey urged a state court to reject a bid by a former workers' compensation judge to quash its subpoenas in her suit over her removal from the bench, arguing that the material is directly relevant to its defenses.

  • August 11, 2025

    6th Circ. Bucks EEOC With Strict View On Client Harassment

    An employer can only be held liable for a customer's harassment of an employee if the company intended for the misconduct to happen, the Sixth Circuit ruled, a strict stance that breaks with long-standing U.S. Equal Employment Opportunity Commission guidelines and other circuit case law.

  • August 08, 2025

    Feds Aim To Dismiss ABA's 'Law Firm Intimidation Policy' Suit

    The Trump administration on Friday asked a Washington, D.C., federal judge to throw out a lawsuit from the American Bar Association claiming the federal government has launched an unconstitutional war of intimidation against lawyers and law firms.

  • August 08, 2025

    NY Forecast: Judge Weighs NLRB Injunction Bid At Nonprofit

    This week, a New York federal judge will consider whether to order a homeless shelter operator to bargain with a Service Employees International Union affiliate over allegations that the nonprofit refused to bargain with the union and threatened workers over their union activity. Here, Law360 looks at this and other cases on the docket in New York.

  • August 08, 2025

    Verizon Retailer Inks Deal To End EEOC Pregnancy Bias Suit

    A Verizon retailer based in North Carolina will pay $70,000 to end a U.S. Equal Employment Opportunity Commission lawsuit alleging it rescinded a new hire's job offer after she sought time off to attend an ultrasound.

  • August 08, 2025

    Trans Ex-Teacher Says His Fla. Constitution Claims Are Valid

    A transgender former teacher has opposed a county school district's bid to toss his Florida federal court lawsuit claiming he was forced to quit after a new law required him to use incorrect pronouns at work, saying his suit should go forward under the state constitution.

  • August 08, 2025

    Calif. Forecast: Amazon-NLRB Fight Heads To 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in Amazon's challenge to the constitutionality of the National Labor Relations Board's structure. Here's a look at that case and other labor and employment matters coming up in California.

Expert Analysis

  • 5 Employer Defenses To Military Status Discrimination Claims

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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
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    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

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    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

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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.